Full Text of HB2404 094th General Assembly
HB2404enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Financial Institutions Digital Signature | 5 |
| Act is amended by changing Sections 1, 5, and 10 as follows:
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| (205 ILCS 705/1)
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| Sec. 1. Short title. This Act may be cited as the Financial
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| Institutions Electronic Documents and
Digital Signature Act.
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| (Source: P.A. 90-575, eff. 3-20-98.)
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| (205 ILCS 705/5)
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| Sec. 5. Definitions. As used in this Act:
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| "Digital signature" means an encrypted
electronic | 13 |
| identifier, created by computer, intended by the party using it | 14 |
| to
have the same force and effect as the use of a manual | 15 |
| signature.
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| "Financial institution" means a bank,
a savings
and loan | 17 |
| association , a
or savings bank, or
a credit
union , established | 18 |
| under the laws of this or any other state or established
under | 19 |
| the laws of the United States
the deposits of which are insured | 20 |
| by the Federal Deposit Insurance Corporation
or other agency of | 21 |
| the federal government .
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| "Substitute check" means a paper reproduction of an | 23 |
| original check, as defined in the Check Clearing for the 21st | 24 |
| Century Act (12 U.S.C. 5001, et seq.), as amended from time to | 25 |
| time, and the rules promulgated thereunder.
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| (Source: P.A. 90-575, eff. 3-20-98.)
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| (205 ILCS 705/10)
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| Sec. 10. Electronic documents; digital signatures.
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| (a) If in the regular course of business, a financial | 30 |
| institution possesses,
records, or generates any document, |
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| representation, image, substitute check, reproduction, or
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| combination thereof, of any agreement, transaction, act, | 3 |
| occurrence, or event
by any electronic or computer-generated | 4 |
| process that accurately reproduces,
comprises, or records the | 5 |
| agreement, transaction, act, occurrence, or event,
the | 6 |
| recording, comprising, or reproduction shall have the same | 7 |
| force and effect under the laws of this State
as one comprised, | 8 |
| recorded, or created on paper or other tangible form by
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| writing, typing, printing, or similar means.
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| (b) In any communication, acknowledgement, agreement, or | 11 |
| contract between a
financial institution and its customer, in | 12 |
| which a signature is required or
used, any party to the | 13 |
| communication, acknowledgement, agreement, or contract
may | 14 |
| affix a signature by use of a digital signature, and the | 15 |
| digital signature,
when lawfully used by the person whose | 16 |
| signature it purports to be,
shall have the same force and | 17 |
| effect as the use of a manual signature if it is
unique to the | 18 |
| person using it, is capable of verification, is under the sole
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| control of the person using it, and is linked to data in such a | 20 |
| manner that if
the data are changed, the digital signature is | 21 |
| invalidated. Nothing in this
Section shall require any | 22 |
| financial institution or customer to use or permit
the use of a | 23 |
| digital signature.
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| (Source: P.A. 90-575, eff. 3-20-98.)
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| Section 10. The Criminal Code of 1961 is amended by | 26 |
| changing Section 17-3 as follows:
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| (720 ILCS 5/17-3) (from Ch. 38, par. 17-3)
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| Sec. 17-3. Forgery.
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| (a) A person commits forgery when, with intent to defraud, | 30 |
| he knowingly:
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| (1) makes or alters any document apparently capable of | 32 |
| defrauding
another in such manner that it purports to have | 33 |
| been made by another or at
another time, or with different | 34 |
| provisions, or by authority of one who did
not give such |
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| authority; or
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| (2) issues or delivers such document knowing it to have | 3 |
| been thus
made or altered; or
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| (3) possesses, with intent to issue or deliver, any | 5 |
| such document
knowing it to have been thus made or altered; | 6 |
| or
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| (4) unlawfully uses the digital signature, as defined | 8 |
| in the Financial
Institutions Electronic Documents and | 9 |
| Digital Signature Act, of another; or
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| (5) unlawfully uses the signature device of another to | 11 |
| create
an electronic signature of that other person, as | 12 |
| those terms are defined in the
Electronic Commerce Security | 13 |
| Act.
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| (b) An intent to defraud means an intention to cause | 15 |
| another to assume,
create, transfer, alter or terminate any | 16 |
| right, obligation or power with
reference to any person or | 17 |
| property.
As used in this Section, "document" includes, but is | 18 |
| not limited to, any
document, representation, or image produced | 19 |
| manually, electronically, or by
computer.
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| (c) A document apparently capable of defrauding another | 21 |
| includes, but is
not limited to, one by which any right, | 22 |
| obligation or power with reference
to any person or property | 23 |
| may be created, transferred, altered or
terminated. A document | 24 |
| includes any record or electronic record as those
terms are | 25 |
| defined in the Electronic Commerce Security Act.
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| (d) Sentence.
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| Forgery is a Class 3 felony.
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| (Source: P.A. 90-575, eff. 3-20-98; 90-759, eff. 7-1-99; | 29 |
| 91-357, eff.
7-29-99.)
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| Section 99. Effective date. This Act takes effect upon | 31 |
| becoming law.
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