Technology

Amends the School Code. Provides that, on or before the 2026-2027 school year, each school board shall adopt and implement a wireless communication device policy that: (1) prohibits a student from using a wireless communication device during instructional time, except as otherwise provided; and (2) includes guidance for secure and accessible storage of wireless devices during instructional time. Provides that the policy may not prohibit a student from using a wireless communication device during instructional time: (1) when a teacher or instructor has authorized the student to use a wireless communication device for educational purposes; (2) in an emergency or in response to an imminent threat to the health or safety of an individual; (3) when a licensed physician determines that the possession or use of a wireless communication device is necessary for the health or well-being of the student; or (4) to fulfill an Individualized Education Plan or a Section 504 plan developed under Section 504; or (5) when the wireless communication device is necessary for students who are English learners to access learning materials. Prohibits a district from enforcing the policy through fees, fines, the deployment of a School Resource Officer, or local law enforcement officer. Requires each school board to review the effectiveness of its wireless communication device policy at least every 3 years.

Amends the Public Utilities Act. Defines "video programming" and "video streaming service". Provides that, on and after July 1, 2027, a video streaming service that serves consumers residing in the State shall not transmit the audio of commercial advertisements louder than the video content the advertisements accompany, consistent with the regulations adopted by the Federal Communications Commission pursuant to the Commercial Advertisement Loudness Mitigation (CALM) Act (Public Law 111-311) for television broadcast stations, cable operators, and other video programming distributors. Provides that the amendatory provisions do not create a private right of action.

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. Provides that "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.

Amends the Search and Seizure Article of the Code of Criminal Procedure of 1963. Provides that telecommunications carriers shall return all electronic instruments, articles, or things within 36 hours if the search warrant was issued pursuant to an investigation of a forcible felony.

Creates the Protect Health Data Privacy Act. Provides that a regulated entity shall disclose and maintain a health data privacy policy that clearly and conspicuously discloses specified information. Sets forth provisions concerning health data privacy policies. Provides that a regulated entity shall not collect, share, or store health data, except in specified circumstances. Provides that it is unlawful for any person to sell or offer to sell health data concerning an individual without first obtaining valid authorization from the individual. Provides that a valid authorization to sell individual health data must contain specified information; a copy of the signed valid authorization must be provided to the individual; and the seller and purchaser of health data must retain a copy of all valid authorizations for sale of health data for 6 years after the date of its signature or the date when it was last in effect, whichever is later. Sets forth provisions concerning the consent required for collection, sharing, and storage of health data. Provides that an individual has the right to withdraw consent from the processing of the individual's health data. Provides that it is unlawful for a regulated entity to engage in discriminatory practices against individuals solely because they have not provided consent to the processing of their health data or have exercised any other rights provided by the provisions or guaranteed by law. Sets forth provisions concerning an individual's right to confirm whether a regulated entity is collecting, selling, sharing, or storing any of the individual's health data; an individual's right to have the individual's health data that is collected by a regulated entity deleted; prohibitions regarding geofencing; and individual health data security. Provides that any person aggrieved by a violation of the provisions shall have a right of action in a State circuit court or as a supplemental claim in federal district court against an offending party. Provides that the Attorney General may enforce a violation of the provisions as an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Defines terms. Makes a conforming change in the Consumer Fraud and Deceptive Business Practices Act.

Amends the Illinois Controlled Substances Act concerning the Prescription Monitoring Program. Provides that interstate data sharing agreements shall be mutual. Provides that the Department of Human Services shall only share data if the reciprocal state provides equal access to data of the reciprocating state to all authorized users, licensed health care entities, and application vendors regardless of their method of connection to the Prescription Monitoring Program for interstate data sharing. Effective immediately.

Creates the Protection of Neural Data Act. Requires any nonmedical person or organization using or facilitating neural devices to access individuals' neural data to publicly post all user agreements and privacy terms on their website and clearly disclose to individuals the health and safety risks associated with the device. Prohibits a covered entity from storing, retaining, or transferring an individual's neural data unless the individual consents. Requires that covered entities must delete all neural data in their possession and instruct all third party recipients to do the same within 30 days of an individual's retracting of consent. Authorizes the Attorney General and State's Attorneys to enforce the Act. Makes violation of this Act a Class 1 misdemeanor Creates a civil cause of action for violation and a presumption of at least $10,000 in damages for unauthorized transfer of neural data.

Amends the Right to Privacy in the Workplace Act. Provides that an employer enrolled in an Employment Eligibility Verification System, including the E-Verify program, shall not impose work authorization verification or re-verification requirements greater than those required by the Employment Eligibility Verification System. Provides that, if an employer receives notification from any federal agency or other outside third party not responsible for the enforcement of immigration law of a discrepancy as it relates to an employee's individual taxpayer identification number or other identifying documents, guarantees specified rights and protections to the employee. Makes changes in provisions concerning the administration and enforcement of the Act by the Department of Labor. Sets forth provisions concerning action for civil penalties brought by an interested party; private right of action; penalties; and review under the Administrative Review Law.

Creates the Digital Assets and Consumer Protection Act. Provides that the Department of Financial and Professional Regulation shall regulate digital asset business activity in the State. Sets forth provisions concerning: applicability; the powers and duties of the Department; funds; customer protections; custody and protection of customer assets; covered exchanges; compliance; registration; supervision; records; additional procedural provisions; confidentiality; violations; enforcement; rulemaking authority; and severability. Creates the Special Purpose Trust Company Article in the Corporate Fiduciary Act. Sets forth provisions concerning certificates of authority; rulemaking and organization; certificates of authority for foreign corporate fiduciaries; eligibility; fees; and certificates of reciprocity. Makes other changes to various Acts. Effective immediately.

Creates the Virtual Currency Kiosk Consumer Protection Act. Provides that specified information reported to the Department of Financial and Professional Regulation by virtual currency kiosk shall be confidential, except as otherwise provided in the Act. Establishes warning and general terms and conditions disclosure requirements for a virtual currency kiosk operator opening an account for a new customer and prior to entering into an initial transaction for, on behalf of, or with the customer. Requires a receipt to be provided to each customer following a transaction. Requires all virtual currency kiosk operators to have live customer service, as specified; create anti-fraud, enhanced due diligence, and federal and State law compliance policies; designate a compliance officer and a consumer protection officer; and use blockchain analytics software to assist in the prevention of sending purchased virtual currency from a virtual currency kiosk operator to a digital wallet known to be affiliated with fraudulent activity at the time of a transaction; and report the location of each virtual currency kiosk located within this State within 45 days after the end of the calendar quarter. Requires a virtual currency kiosk operator to receive a money transmitter license. Sets forth supervision duties for the Department and the Secretary of Financial and Professional Regulation.