100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0621

 

Introduced , by Rep. Emanuel Chris Welch

 

SYNOPSIS AS INTRODUCED:
 
755 ILCS 70/7
755 ILCS 70/14

    Amends the Revised Uniform Fiduciary Access to Digital Assets Act (2015). Deletes language requiring a representative of a decedent to provide a custodian with a finding by the court that disclosure of the content of electronic communications of the user would not violate 18 U.S.C. Section 2701 et seq., as amended, 47 U.S.C. Section 222, as amended, or other applicable law. Provides that a custodian shall disclose digital assets to the guardian of a person with a disability if the guardian gives the custodian specified documentation. Makes other changes. Effective immediately.


LRB100 00325 HEP 10329 b

 

 

A BILL FOR

 

HB0621LRB100 00325 HEP 10329 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Revised Uniform Fiduciary Access to Digital
5Assets Act (2015) is amended by changing Sections 7 and 14 as
6follows:
 
7    (755 ILCS 70/7)
8    Sec. 7. Disclosure of content of electronic communications
9of deceased user. If a deceased user consented or a court
10directs disclosure of the contents of electronic
11communications of the user, the custodian shall disclose to the
12personal representative of the estate of the user the content
13of an electronic communication sent or received by the user if
14the representative gives the custodian:
15        (1) a written request for disclosure in physical or
16    electronic form;
17        (2) a certified copy of the death certificate of the
18    user;
19        (3) a certified copy of the letter of appointment of
20    the representative or a court order;
21        (4) unless the user provided direction using an online
22    tool, a copy of the user's will, trust, power of attorney,
23    or other record evidencing the user's consent to disclosure

 

 

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1    of the content of electronic communications; and
2        (5) if requested by the custodian:
3            (A) a number, username, address, or other unique
4        subscriber or account identifier assigned by the
5        custodian to identify the user's account;
6            (B) evidence linking the account to the user; or
7            (C) a finding by the court that:
8                (i) the user had a specific account with the
9            custodian, identifiable by the information
10            specified in subparagraph (A);
11                (ii) (blank) disclosure of the content of
12            electronic communications of the user would not
13            violate 18 U.S.C. Section 2701 et seq., as amended,
14            47 U.S.C. Section 222, as amended, or other
15            applicable law;
16                (iii) unless the user provided direction using
17            an online tool, the user consented to disclosure of
18            the content of electronic communications; or
19                (iv) disclosure of the content of electronic
20            communications of the user is permitted under this
21            Act and reasonably necessary for administration of
22            the estate.
23(Source: P.A. 99-775, eff. 8-12-16.)
 
24    (755 ILCS 70/14)
25    Sec. 14. Disclosure of contents of electronic

 

 

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1communications and digital assets to guardian of person with a
2disability.
3    (a) After an opportunity for a hearing under Article XIa of
4the Probate Act of 1975, the court may direct the disclosure of
5the digital assets of a person with a disability to his or her
6guardian. A custodian shall make such a disclosure if the
7guardian gives the custodian:
8        (1) a written request for disclosure in physical or
9    electronic form;
10        (2) a certified copy of the court order directing
11    disclosure of such assets; and
12        (3) if requested by the custodian:
13            (A) a number, username, address, or other unique
14        subscriber or account identifier assigned by the
15        custodian to identify the account of the person with a
16        disability; or
17            (B) evidence linking the account to the person with
18        a disability.
19    (b) Unless otherwise ordered by the court or directed by
20the user, a custodian shall disclose to a guardian the
21catalogue of electronic communications sent or received by a
22person with a disability and any digital assets, other than the
23content of electronic communications, in which the person with
24a disability has a right or interest if the guardian gives the
25custodian:
26        (1) a written request for disclosure in physical or

 

 

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1    electronic form;
2        (2) a certified copy of the court order that gives the
3    guardian authority over the digital assets of the person
4    with a disability; and
5        (3) if requested by the custodian:
6            (A) a number, username, address, or other unique
7        subscriber or account identifier assigned by the
8        custodian to identify the account of the person with a
9        disability; or
10            (B) evidence linking the account to the person with
11        a disability.
12    (c) A guardian with general authority to manage the assets
13of a person with a disability may request a custodian of the
14digital assets of the person with a disability to suspend or
15terminate an account of the person with a disability for good
16cause. A request made under this Section must be accompanied by
17a certified copy of the court order giving the guardian
18authority over the protected person's property of the person
19with a disability.
20(Source: P.A. 99-775, eff. 8-12-16.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.