IL HB3553 | 2023-2024 | 103rd General Assembly

Status

Spectrum: Partisan Bill (Democrat 3-0)
Status: Engrossed on April 17 2024 - 50% progression
Action: 2024-04-24 - Referred to Assignments
Pending: Senate Assignments Committee
Text: Latest bill text (Engrossed) [HTML]

Summary

Creates the Civil Liability for Unsolicited Intimate Images Act. Provides that any person 18 years of age or older who knowingly and intentionally transmits obscene material by computer or other electronic means to the computer or electronic communication device of another person 18 years of age or older commits a trespass and is liable to the recipient of the obscene material for actual damages or $500, whichever is greater, in addition to reasonable attorney's fees and costs, if the person who receives the obscene material has not consented to the receipt of the obscene material or has expressly forbidden the receipt of the obscene material and if a reasonable person who receives the obscene material would suffer emotional distress as a result of the receipt of the obscene material. Authorizes the court to enjoin and restrain the defendant from committing such further acts. "Obscene material" means material, including, but not limited to, images depicting a person engaging in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or masturbation, or depicting the exposed genitals or anus of any person, taken as a whole, that to the average person, applying contemporary statewide standards, appeals to the prurient interest, that, taken as a whole, depicts or describes sexual conduct in a patently offensive way, and that, taken as a whole, lacks serious literary, artistic, political, or scientific value. Provides that the Act does not apply to (i) any Internet service provider, mobile data provider, or operator of an online or mobile application, to the extent that such entity is transmitting, routing, or providing connections for electronic communications initiated by or at the direction of another, (ii) any service that transmits material, including an on-demand, subscription, or advertising-supported service, (iii) a health care provider that transmits material for a legitimate medical purpose, or (iv) any transmission of commercial email. Provides that venue for an action under the Act may lie in the jurisdiction where the obscene material is transmitted from or where the obscene material is received or possessed by the plaintiff.

Tracking Information

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Title

LIABILITY-UNSOLICITED IMAGES

Sponsors


Roll Calls

2024-04-17 - House - Third Reading in House (Y: 90 N: 1 NV: 18 Abs: 1) [PASS]

History

DateChamberAction
2024-04-24SenateReferred to Assignments
2024-04-24SenateFirst Reading
2024-04-24SenateAlternate Chief Sponsor Changed to Sen. Mary Edly-Allen
2024-04-24SenateChief Senate Sponsor Sen. Mary Edly-Allen
2024-04-18SenatePlaced on Calendar Order of First Reading April 30, 2024
2024-04-18SenateArrive in Senate
2024-04-17HouseThird Reading - Short Debate - Passed 090-001-004
2024-04-12HousePlaced on Calendar Order of 3rd Reading - Short Debate
2024-04-12HouseHouse Floor Amendment No. 1 Adopted
2024-04-12HouseSecond Reading - Short Debate
2024-04-03HouseHouse Floor Amendment No. 1 Recommends Be Adopted Judiciary - Civil Committee; 010-004-000
2024-03-27HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary - Civil Committee
2024-03-25HouseAdded Co-Sponsor Rep. Barbara Hernandez
2024-03-21HouseHouse Floor Amendment No. 1 Referred to Rules Committee
2024-03-21HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Anne Stava-Murray
2024-03-20HousePlaced on Calendar 2nd Reading - Short Debate
2024-03-20HouseApproved for Consideration Rules Committee; 005-000-000
2023-03-27HouseRule 19(a) / Re-referred to Rules Committee
2023-03-22HouseHeld on Calendar Order of Second Reading - Short Debate
2023-03-22HouseSecond Reading - Short Debate
2023-03-09HousePlaced on Calendar 2nd Reading - Short Debate
2023-03-09HouseDo Pass / Short Debate Judiciary - Civil Committee; 010-005-000
2023-02-28HouseAssigned to Judiciary - Civil Committee
2023-02-17HouseReferred to Rules Committee
2023-02-17HouseFirst Reading
2023-02-17HouseFiled with the Clerk by Rep. Anne Stava-Murray

Illinois State Sources


Bill Comments

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