SB3384 104TH GENERAL ASSEMBLY

LRB104 18568 SPS 32011 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3384

Introduced 2/4/2026, by Sen. Laura Ellman

SYNOPSIS AS INTRODUCED:

New Act
30 ILCS 105/6z-134

Creates the Artificial Intelligence Companion Model Safety Act. Provides that an operator shall not operate or provide an artificial intelligence companion to a user unless the artificial intelligence companion contains a protocol to take reasonable efforts to detect and address suicidal ideation or expressions of self-harm by a user to the artificial intelligence companion. Provides that an operator shall provide a clear and conspicuous notification to a user that states, either verbally or in text, that the user is not communicating with a human, at specified times. Provides for civil penalties. Provides that all moneys collected under the Act shall be deposited into the Statewide 9-8-8 Trust Fund. Amends the State Finance Act to make a conforming change. Effective January 1, 2027.

A BILL FOR

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 companion" means a system using artificial intelligence, generative 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 any system that is:

(1) used by a business entity solely for customer service or to provide users with information about available commercial services or products provided by the entity, customer service account information, or other information strictly related to its customer service;

(2) primarily designed and marketed for providing efficiency improvements, research, or technical assistance; or

(3) used by a business entity solely for internal purposes or employee productivity.

"Emotional recognition algorithms" means artificial intelligence that detects and interprets human emotional signals in text using natural language processing and sentiment analysis, audio using voice emotion artificial intelligence, video using facial movement analysis, gait analysis, or physiological signals, or a combination of those data processing tools.

"Human relationships" includes, but shall not be limited to, intimate, romantic, or platonic interactions or companionship.

"Operator" means any person, partnership, association, firm, or business entity, or any member, affiliate, subsidiary or beneficial owner of any partnership, association, firm, or business entity who operates for or provides an artificial intelligence companion to a user.

"Person" means any natural person.

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

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

Section 10. Prohibitions and requirements. An operator shall not operate or provide an artificial intelligence companion to a user unless the artificial intelligence companion contains a protocol to take reasonable efforts to detect and address suicidal ideation or expressions of self-harm by a user to the artificial intelligence companion. The protocol shall include, but shall not be limited to, detection of user expressions of suicidal ideation or self-harm and 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.

Section 15. Required notifications. An operator shall provide a clear and conspicuous notification to a user that states, either verbally or in text, that the user is not communicating with a human, at the following times:

(1) the beginning of any artificial intelligence companion interaction; and

(2) at least every 3 hours for continuing artificial intelligence companion interactions.

Section 20. Enforcement. If the Attorney General believes based on satisfactory evidence that an operator has engaged in or is about to engage in conduct that violates this Act, the Attorney General may bring an action to enjoin an operator from continuing the unlawful conduct, and may seek civil penalties of up to $15,000 per day that a violation occurs and other remedies as the court may deem appropriate. All moneys collected under this Act shall be deposited into the Statewide 9-8-8 Trust Fund.

Section 25. 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 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.