Bill Text: IL HB3204 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Biometric Information Privacy Act. Requires an aggrieved person to commence an action for a violation of the Act within one year of (i) the date of the violation or (ii) the date on which the aggrieved person discovers the violation.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2023-03-10 - Rule 19(a) / Re-referred to Rules Committee [HB3204 Detail]

Download: Illinois-2023-HB3204-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3204 Introduced , by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED:
740 ILCS 14/20
Amends the Biometric Information Privacy Act. Requires an aggrieved person to commence an action for a violation of the Act within one year of (i) the date of the violation or (ii) the date on which the aggrieved person discovers the violation.
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A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Biometric Information Privacy Act is
amended by changing Section 20 as follows:
(740 ILCS 14/20)
Sec. 20. Right of action.
(a) Any person aggrieved by a violation of this Act shall
have a right of action in a State circuit court or as a
supplemental claim in federal district court against an
offending party. A prevailing party may recover for each
violation:
(1) against a private entity that negligently violates
a provision of this Act, liquidated damages of $1,000 or
actual damages, whichever is greater;
(2) against a private entity that intentionally or
recklessly violates a provision of this Act, liquidated
damages of $5,000 or actual damages, whichever is greater;
(3) reasonable attorneys' fees and costs, including
expert witness fees and other litigation expenses; and
(4) other relief, including an injunction, as the
State or federal court may deem appropriate.
(b) An action brought under this Section shall be

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commenced within one year of (i) the date of the violation or
(ii) the date on which the aggrieved person discovers the
violation.
(Source: P.A. 95-994, eff. 10-3-08.)