Bill Text: IL HB0621 | 2017-2018 | 100th General Assembly | Introduced

---

Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB0621 Detail]

Download: Illinois-2017-HB0621-Introduced.html

---

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
HB0621 LRB100 00325 HEP 10329 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Revised Uniform Fiduciary Access to Digital
Assets Act (2015) is amended by changing Sections 7 and 14 as
follows:
(755 ILCS 70/7)
Sec. 7. Disclosure of content of electronic communications
of deceased user. If a deceased user consented or a court
directs disclosure of the contents of electronic
communications of the user, the custodian shall disclose to the
personal representative of the estate of the user the content
of an electronic communication sent or received by the user if
the representative gives the custodian:
(1) a written request for disclosure in physical or
electronic form;
(2) a certified copy of the death certificate of the
user;
(3) a certified copy of the letter of appointment of
the representative or a court order;
(4) unless the user provided direction using an online
tool, a copy of the user's will, trust, power of attorney,
or other record evidencing the user's consent to disclosure

HB0621 - 2 - LRB100 00325 HEP 10329 b
of the content of electronic communications; and
(5) if requested by the custodian:
(A) a number, username, address, or other unique
subscriber or account identifier assigned by the
custodian to identify the user's account;
(B) evidence linking the account to the user; or
(C) a finding by the court that:
(i) the user had a specific account with the
custodian, identifiable by the information
specified in subparagraph (A);
(ii) (blank) 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;
(iii) unless the user provided direction using
an online tool, the user consented to disclosure of
the content of electronic communications; or
(iv) disclosure of the content of electronic
communications of the user is permitted under this
Act and reasonably necessary for administration of
the estate.
(Source: P.A. 99-775, eff. 8-12-16.)
(755 ILCS 70/14)
Sec. 14. Disclosure of contents of electronic

HB0621 - 3 - LRB100 00325 HEP 10329 b
communications and digital assets to guardian of person with a
disability.
(a) After an opportunity for a hearing under Article XIa of
the Probate Act of 1975, the court may direct the disclosure of
the digital assets of a person with a disability to his or her
guardian. A custodian shall make such a disclosure if the
guardian gives the custodian:
(1) a written request for disclosure in physical or
electronic form;
(2) a certified copy of the court order directing
disclosure of such assets; and
(3) if requested by the custodian:
(A) a number, username, address, or other unique
subscriber or account identifier assigned by the
custodian to identify the account of the person with a
disability; or
(B) evidence linking the account to the person with
a disability.
(b) Unless otherwise ordered by the court or directed by
the user, a custodian shall disclose to a guardian the
catalogue of electronic communications sent or received by a
person with a disability and any digital assets, other than the
content of electronic communications, in which the person with
a disability has a right or interest if the guardian gives the
custodian:
(1) a written request for disclosure in physical or

HB0621 - 4 - LRB100 00325 HEP 10329 b
electronic form;
(2) a certified copy of the court order that gives the
guardian authority over the digital assets of the person
with a disability; and
(3) if requested by the custodian:
(A) a number, username, address, or other unique
subscriber or account identifier assigned by the
custodian to identify the account of the person with a
disability; or
(B) evidence linking the account to the person with
a disability.
(c) A guardian with general authority to manage the assets
of a person with a disability may request a custodian of the
digital assets of the person with a disability to suspend or
terminate an account of the person with a disability for good
cause. A request made under this Section must be accompanied by
a certified copy of the court order giving the guardian
authority over the protected person's property of the person
with a disability.
(Source: P.A. 99-775, eff. 8-12-16.)
Section 99. Effective date. This Act takes effect upon
becoming law.