SB0316eng 104TH GENERAL ASSEMBLY

SB0316 Engrossed LRB104 06437 SPS 16473 b

AN ACT concerning business.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Artificial Intelligence Companion Model Safety Act.

Section 5. Definitions. As used in this Act:

"Artificial intelligence" has the same meaning set forth in Section 2-101 of the Illinois Human Rights Act. "Artificial intelligence" includes generative artificial intelligence.

"Artificial intelligence companion" means a product that uses artificial intelligence or emotional recognition algorithms designed to simulate a sustained human or human-like relationship with a user by:

(1) retaining information on prior interactions or user sessions and user preferences to personalize the interaction and facilitate ongoing engagement with the artificial intelligence companion;

(2) asking unprompted or unsolicited emotion-based questions that go beyond a direct response to a user prompt; and

(3) sustaining an ongoing dialogue concerning matters personal to the user.

"Artificial intelligence companion" does not include:

(1) a bot that is primarily designed and marketed for commercial use by business entities for customer service, business operational purposes, productivity and analysis related to source information, internal research, or technical assistance;

(2) a bot that is a feature of a video game, film, television program, other audiovisual work, theme park, or location-based entertainment and is limited to replies related to the entertainment that cannot discuss topics related to mental health, self-harm, material harmful to minors, or maintain a dialogue on other topics unrelated to the forms of entertainment;

(3) a stand-alone consumer electronic device or a bot incorporated into a stand-alone consumer electronic device that functions as a speaker and voice command interface, acts as a voice-activated virtual assistant, and does not sustain a relationship across multiple interactions or generate outputs that are likely to elicit emotional responses in the user;

(4) narrowly tailored educational tools used in school or instructional settings that are designed solely to support specific, curriculum-aligned learning objectives and do not provide open-ended conversational companionship; or

(5) a bot used solely for motor vehicle operation or navigation that cannot maintain a dialogue on topics unrelated to motor vehicle operation or navigation.

"Harmful to minors" has the same meaning set forth in Section 11-21 of the Criminal Code of 2012.

"Human relationships" include, but are not limited to, intimate, romantic, or platonic interactions or companionship.

"Minor" means any user under 18 years of age.

"Operator" means any person, partnership, association, corporation, firm, or business entity who makes available an artificial intelligence companion for users in this State. "Operator" does not include an application store, operating system, or search engine that solely provides access to an artificial intelligence companion operated by another entity.

"Product" means any tangible object or goods distributed in commerce, including any service provided in connection with the product.

"Relationship" includes, but is not limited to, intimate, romantic, or platonic interactions or companionship.

"Self-harm" means intentional self-injury with or without the intent to cause death.

"User" means any natural person who interacts with an artificial intelligence companion for personal use in this State and who is not an operator or agent or affiliate of the operator of the artificial intelligence companion.

Section 10. General companion artificial intelligence requirements.

(a) An operator shall not make available or deploy an artificial intelligence companion unless the artificial intelligence companion maintains and implements a protocol to detect and address suicidal ideation or expressions of self-harm by a user to the artificial intelligence companion. The protocol shall include, but not be limited to:

(1) implementing reasonable methods for detecting user expressions of suicidal ideation or self-harm;

(2) providing a notification to the user that refers them to crisis service providers, such as the 9-8-8 Suicide and Crisis Lifeline, a crisis text line, or other appropriate crisis services upon detection of the user's expressions of suicidal ideation or self-harm; and

(3) implementing reasonable measures to prevent the generation of content encouraging or describing how to commit self-harm.

The operator shall publicly disclose, on the operator's website, a general description of the protocol required by this subsection, with sufficient detail for a user to know that the operator has protocols in place but not enough detail to circumvent the protocols, and the number of users who were provided a notification that refers a user to crisis services in the preceding year.

(b) An operator shall provide a clear and conspicuous notification to a user, either verbally or in writing, in the language that the user is interacting and communicating with the artificial intelligence companion, that the user is communicating with an automated system and not with a human. The notification shall be provided:

(1) at the beginning of the interaction; and

(2) at least every 3 hours during continued interaction.

The operator shall implement reasonable measures to prohibit and prevent an artificial intelligence companion from claiming to be human, including when asked by the user and from otherwise generating any output that refutes or conflicts with the disclosure described in this subsection.

For the purposes of this subsection, a person is "interacting with" with an artificial intelligence companion when the person uses voice, physical or visual gesture, text, or touch contact as an input prompt to cause the artificial intelligence companion to react, respond, or learn from that prompt.

Section 15. Minor specific requirements.

(a) In addition to the requirements for all users under Section 10, an operator shall, for a user that the operator knows to be a minor, or if the operator's artificial intelligence companion is directed to minors, implement reasonable measures to prevent its artificial intelligence companion from generating or producing material that is harmful to minors or directly stating that the minor should engage in conduct that is harmful to minors.

(b) For the purposes of this Section, an operator's knowledge that a user is a minor may be acquired from information and inferences known to an operator relating to the age of an individual by any source, including the age provided by the user in connection with the account, self-identified age in any chat or interaction to which the operator possesses a right of access or use, and any age the operator attributes or associates with the user for any purpose, including marketing, advertising, or product development. Nothing in this subsection shall be interpreted to require an operator to begin accessing or collecting any user information or data to which they do not have access or otherwise collect for purposes unrelated to this Act.

Section 20. Enforcement.

(a) The Attorney General or the State's Attorney of any county in this State may bring an action in the name of the People of this State against any person to restrain and prevent any pattern or practice in violation of this Act.

(b) A violation of this Act constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. All remedies, penalties, and authority granted to the Attorney General or the State's Attorney by the Consumer Fraud and Deceptive Business Practices Act shall be available to the Attorney General or the State's Attorney for the enforcement of this Act.

(c) Any civil penalties collected from the enforcement of this Act shall be deposited as follows:

(1) Prior to January 1, 2032, if the Attorney General commenced the action, 75% of any penalty shall be deposited into the Attorney General Court Ordered and Voluntary Compliance Payment Projects Fund and 25% shall be deposited into the Statewide 9-8-8 Trust Fund.

(2) Prior to January 1, 2032, if a State's Attorney commenced the action, 75% of any penalty shall be distributed to the county and deposited into a special fund in the county treasury and appropriated to the State's Attorney for use in accordance with law and 25% shall be deposited into the Statewide 9-8-8 Trust Fund.

(3) On and after January 1, 2032, if the Attorney General commenced the action, 50% of any penalty shall be deposited into the Attorney General Court Ordered and Voluntary Compliance Payment Projects Fund and 50% shall be deposited into the Statewide 9-8-8 Trust Fund.

(4) On and after January 1, 2032, if a State's Attorney commenced the action, 50% of any penalty shall be distributed to the county and deposited into a special fund in the county treasury and appropriated to the State's Attorney for use in accordance with law and 50% shall be deposited into the Statewide 9-8-8 Trust Fund.

(d) Moneys in the Attorney General Court Ordered and Voluntary Compliance Payment Projects Fund shall be used, subject to appropriation, for the performance of any function pertaining to the exercise of the duties of the Attorney General, including, but not limited to, enforcement of any law of this State and conducting public education programs. Any moneys in the Fund that are required by the court or by an agreement to be used for a particular purpose shall be used for that purpose.

Section 25. Action for actual damages. Any person who suffers actual damage as a result of a violation of this Act may bring an action under Section 10a of the Consumer Fraud and Deceptive Business Practices Act.

Section 30. Application. The remedies provided in this Act are cumulative and do not preclude any other lawful civil, administrative, or criminal remedy available under State or federal law, including, but not limited to, product liability actions.

Section 35. The State Finance Act is amended by changing Section 6z-134 as follows:

(30 ILCS 105/6z-134)

Sec. 6z-134. Statewide 9-8-8 Trust Fund.

(a) The Statewide 9-8-8 Trust Fund is created as a special fund in the State treasury. This Fund is administered by the Department of Human Services. Moneys in the Fund shall be used by the Department of Human Services for the purposes of establishing and maintaining a statewide 9-8-8 suicide prevention and mental health crisis system pursuant to the National Suicide Hotline Designation Act of 2020 as codified in 47 U.S.C. 251 and 251a and any subsequent amendments, the Federal Communication Commission's rules adopted to administer the National Suicide Hotline Designation Act of 2020 as codified in 47 U.S.C. 251 and 251a and any subsequent amendments, and national guidelines for crisis care. The Fund shall consist of:

(1) appropriations by the General Assembly;

(2) grants and gifts intended for deposit in the Fund;

(3) interest, premiums, gains, or other earnings on the Fund;

(3.1) proceeds from the statewide 9-8-8 surcharge imposed under Sections 3 and 4 of the Telecommunication Excise Tax Act; and

(3.2) fees, fines, and penalties collected under the Artificial Intelligence Companion Model Safety Act; and

(4) moneys received from any other source that are deposited in or transferred into the Fund.

(b) Moneys in the Fund:

(1) do not revert at the end of any State fiscal year but remain available for the purposes of the Fund in subsequent State fiscal years;

(2) are not subject to transfer to any other Fund or to transfer, assignment, or reassignment for any other use or purpose outside of those specified in this Section; and

(3) shall be used by the Department of Human Services to pay expenses pursuant to 47 U.S.C. 251a.

(c) An annual report of Fund deposits and expenditures shall be made to the General Assembly and the Federal Communications Commission by the Department of Human Services pursuant to 47 U.S.C. 251a.

(d) (Blank).

(e) For the purposes of this Section, "statewide 9-8-8 suicide prevention and mental health crisis system" means the core elements or pillars of the crisis system, as described by the Substance Abuse and Mental Health Services Administration, and includes Illinois' 9-8-8 Lifeline Contact Centers, community crisis response services, including mobile crisis teams, and crisis receiving and stabilization facilities and programs, including Living Room Programs.

(Source: P.A. 104-6, eff. 6-16-25.)

Section 40. The Wellness and Oversight for Psychological Resources Act is amended by changing Section 35 as follows:

(225 ILCS 155/35)

Sec. 35. Exceptions. This Act does not apply to the following:

(1) religious counseling;

(2) peer support; and

(3) self-help materials and educational resources that are available to the public and do not purport to offer therapy or psychotherapy services; and .

(4) a chatbot that complies with the Artificial Intelligence Companion Model Safety Act and does not provide therapy or psychotherapy services.

(Source: P.A. 104-54, eff. 8-1-25.)

Section 45. The Consumer Fraud and Deceptive Business Practices Act is amended by adding Section 2MMMM as follows:

(815 ILCS 505/2MMMM new)

Sec. 2MMMM. Violations of the Artificial Intelligence Companion Model Safety Act. Any person who violates the Artificial Intelligence Companion Model Safety Act commits an unlawful practice within the meaning of this Act.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 99. Effective date. This Act takes effect January 1, 2027.