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Full Text of SB0316

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SB0316 - 104th General Assembly

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SB0316 Engrossed
LRB104 06437 SPS 16473 b
1

AN ACT concerning business.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
Short title.
This Act may be cited as the
5
Artificial Intelligence Companion Model Safety Act.

6

Section 5.
Definitions.
As used in this Act:
7

"Artificial intelligence" has the same meaning set forth
8
in Section 2-101 of the Illinois Human Rights Act. "Artificial
9
intelligence" includes generative artificial intelligence.
10

"Artificial intelligence companion" means a product that
11
uses artificial intelligence or emotional recognition
12
algorithms designed to simulate a sustained human or
13
human-like relationship with a user by:
14

(1) retaining information on prior interactions or
15

user sessions and user preferences to personalize the
16

interaction and facilitate ongoing engagement with the
17

artificial intelligence companion;
18

(2) asking unprompted or unsolicited emotion-based
19

questions that go beyond a direct response to a user
20

prompt; and
21

(3) sustaining an ongoing dialogue concerning matters
22

personal to the user.
23

"Artificial intelligence companion" does not include:

SB0316 Engrossed
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LRB104 06437 SPS 16473 b
1

(1) a bot that is primarily designed and marketed for
2

commercial use by business entities for customer service,
3

business operational purposes, productivity and analysis
4

related to source information, internal research, or
5

technical assistance;
6

(2) a bot that is a feature of a video game, film,
7

television program, other audiovisual work, theme park, or
8

location-based entertainment and is limited to replies
9

related to the entertainment that cannot discuss topics
10

related to mental health, self-harm, material harmful to
11

minors, or maintain a dialogue on other topics unrelated
12

to the forms of entertainment;
13

(3) a stand-alone consumer electronic device or a bot
14

incorporated into a stand-alone consumer electronic device
15

that functions as a speaker and voice command interface,
16

acts as a voice-activated virtual assistant, and does not
17

sustain a relationship across multiple interactions or
18

generate outputs that are likely to elicit emotional
19

responses in the user;
20

(4) narrowly tailored educational tools used in school
21

or instructional settings that are designed solely to
22

support specific, curriculum-aligned learning objectives
23

and do not provide open-ended conversational
24

companionship; or
25

(5) a bot used solely for motor vehicle operation or
26

navigation that cannot maintain a dialogue on topics

SB0316 Engrossed
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LRB104 06437 SPS 16473 b
1

unrelated to motor vehicle operation or navigation.
2

"Harmful to minors" has the same meaning set forth in
3
Section 11-21 of the Criminal Code of 2012.
4

"Human relationships" include, but are not limited to,
5
intimate, romantic, or platonic interactions or companionship.
6

"Minor" means any user under 18 years of age.
7

"Operator" means any person, partnership, association,
8
corporation, firm, or business entity who makes available an
9
artificial intelligence companion for users in this State.
10
"Operator" does not include an application store, operating
11
system, or search engine that solely provides access to an
12
artificial intelligence companion operated by another entity.
13

"Product" means any tangible object or goods distributed
14
in commerce, including any service provided in connection with
15
the product.
16

"Relationship" includes, but is not limited to, intimate,
17
romantic, or platonic interactions or companionship.
18

"Self-harm" means intentional self-injury with or without
19
the intent to cause death.
20

"User" means any natural person who interacts with an
21
artificial intelligence companion for personal use in this
22
State and who is not an operator or agent or affiliate of the
23
operator of the artificial intelligence companion.

24

Section 10.
General companion artificial intelligence
25
requirements.

SB0316 Engrossed
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LRB104 06437 SPS 16473 b
1

(a) An operator shall not make available or deploy an
2
artificial intelligence companion unless the artificial
3
intelligence companion maintains and implements a protocol to
4
detect and address suicidal ideation or expressions of
5
self-harm by a user to the artificial intelligence companion.
6
The protocol shall include, but not be limited to:
7

(1) implementing reasonable methods for detecting user
8

expressions of suicidal ideation or self-harm;
9

(2) providing a notification to the user that refers
10

them to crisis service providers, such as the 9-8-8
11

Suicide and Crisis Lifeline, a crisis text line, or other
12

appropriate crisis services upon detection of the user's
13

expressions of suicidal ideation or self-harm; and
14

(3) implementing reasonable measures to prevent the
15

generation of content encouraging or describing how to
16

commit self-harm.
17

The operator shall publicly disclose, on the operator's
18
website, a general description of the protocol required by
19
this subsection, with sufficient detail for a user to know
20
that the operator has protocols in place but not enough detail
21
to circumvent the protocols, and the number of users who were
22
provided a notification that refers a user to crisis services
23
in the preceding year.
24

(b) An operator shall provide a clear and conspicuous
25
notification to a user, either verbally or in writing, in the
26
language that the user is interacting and communicating with

SB0316 Engrossed
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LRB104 06437 SPS 16473 b
1
the artificial intelligence companion, that the user is
2
communicating with an automated system and not with a human.
3
The notification shall be provided:
4

(1) at the beginning of the interaction; and
5

(2) at least every 3 hours during continued
6

interaction.
7

The operator shall implement reasonable measures to
8
prohibit and prevent an artificial intelligence companion from
9
claiming to be human, including when asked by the user and from
10
otherwise generating any output that refutes or conflicts with
11
the disclosure described in this subsection.
12

For the purposes of this subsection, a person is
13
"interacting with" with an artificial intelligence companion
14
when the person uses voice, physical or visual gesture, text,
15
or touch contact as an input prompt to cause the artificial
16
intelligence companion to react, respond, or learn from that
17
prompt.

18

Section 15.
Minor specific requirements.
19

(a) In addition to the requirements for all users under
20
Section 10, an operator shall, for a user that the operator
21
knows to be a minor, or if the operator's artificial
22
intelligence companion is directed to minors, implement
23
reasonable measures to prevent its artificial intelligence
24
companion from generating or producing material that is
25
harmful to minors or directly stating that the minor should

SB0316 Engrossed
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LRB104 06437 SPS 16473 b
1
engage in conduct that is harmful to minors.
2

(b) For the purposes of this Section, an operator's
3
knowledge that a user is a minor may be acquired from
4
information and inferences known to an operator relating to
5
the age of an individual by any source, including the age
6
provided by the user in connection with the account,
7
self-identified age in any chat or interaction to which the
8
operator possesses a right of access or use, and any age the
9
operator attributes or associates with the user for any
10
purpose, including marketing, advertising, or product
11
development. Nothing in this subsection shall be interpreted
12
to require an operator to begin accessing or collecting any
13
user information or data to which they do not have access or
14
otherwise collect for purposes unrelated to this Act.

15

Section 20.
Enforcement.
16

(a) The Attorney General or the State's Attorney of any
17
county in this State may bring an action in the name of the
18
People of this State against any person to restrain and
19
prevent any pattern or practice in violation of this Act.
20

(b) A violation of this Act constitutes an unlawful
21
practice under the Consumer Fraud and Deceptive Business
22
Practices Act. All remedies, penalties, and authority granted
23
to the Attorney General or the State's Attorney by the
24
Consumer Fraud and Deceptive Business Practices Act shall be
25
available to the Attorney General or the State's Attorney for

SB0316 Engrossed
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LRB104 06437 SPS 16473 b
1
the enforcement of this Act.
2

(c) Any civil penalties collected from the enforcement of
3
this Act shall be deposited as follows:
4

(1) Prior to January 1, 2032, if the Attorney General
5

commenced the action, 75% of any penalty shall be
6

deposited into the Attorney General Court Ordered and
7

Voluntary Compliance Payment Projects Fund and 25% shall
8

be deposited into the Statewide 9-8-8 Trust Fund.
9

(2) Prior to January 1, 2032, if a State's Attorney
10

commenced the action, 75% of any penalty shall be
11

distributed to the county and deposited into a special
12

fund in the county treasury and appropriated to the
13

State's Attorney for use in accordance with law and 25%
14

shall be deposited into the Statewide 9-8-8 Trust Fund.
15

(3) On and after January 1, 2032, if the Attorney
16

General commenced the action, 50% of any penalty shall be
17

deposited into the Attorney General Court Ordered and
18

Voluntary Compliance Payment Projects Fund and 50% shall
19

be deposited into the Statewide 9-8-8 Trust Fund.
20

(4) On and after January 1, 2032, if a State's
21

Attorney commenced the action, 50% of any penalty shall be
22

distributed to the county and deposited into a special
23

fund in the county treasury and appropriated to the
24

State's Attorney for use in accordance with law and 50%
25

shall be deposited into the Statewide 9-8-8 Trust Fund.
26

(d) Moneys in the Attorney General Court Ordered and

SB0316 Engrossed
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LRB104 06437 SPS 16473 b
1
Voluntary Compliance Payment Projects Fund shall be used,
2
subject to appropriation, for the performance of any function
3
pertaining to the exercise of the duties of the Attorney
4
General, including, but not limited to, enforcement of any law
5
of this State and conducting public education programs. Any
6
moneys in the Fund that are required by the court or by an
7
agreement to be used for a particular purpose shall be used for
8
that purpose.

9

Section 25.
Action for actual damages.
Any person who
10
suffers actual damage as a result of a violation of this Act
11
may bring an action under Section 10a of the Consumer Fraud and
12
Deceptive Business Practices Act.

13

Section 30.
Application.
The remedies provided in this Act
14
are cumulative and do not preclude any other lawful civil,
15
administrative, or criminal remedy available under State or
16
federal law, including, but not limited to, product liability
17
actions.

18

Section 35.
The State Finance Act is amended by changing
19
Section 6z-134 as follows:

20

(30 ILCS 105/6z-134)
21

Sec. 6z-134.
Statewide 9-8-8 Trust Fund.
22

(a) The Statewide 9-8-8 Trust Fund is created as a special

SB0316 Engrossed
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LRB104 06437 SPS 16473 b
1
fund in the State treasury. This Fund is administered by the
2
Department of Human Services. Moneys in the Fund shall be used
3
by the Department of Human Services for the purposes of
4
establishing and maintaining a statewide 9-8-8 suicide
5
prevention and mental health crisis system pursuant to the
6
National Suicide Hotline Designation Act of 2020 as codified
7
in 47 U.S.C. 251 and 251a and any subsequent amendments, the
8
Federal Communication Commission's rules adopted to administer
9
the National Suicide Hotline Designation Act of 2020 as
10
codified in 47 U.S.C. 251 and 251a and any subsequent
11
amendments, and national guidelines for crisis care. The Fund
12
shall consist of:
13

(1) appropriations by the General Assembly;
14

(2) grants and gifts intended for deposit in the Fund;
15

(3) interest, premiums, gains, or other earnings on
16

the Fund;
17

(3.1) proceeds from the statewide 9-8-8 surcharge
18

imposed under Sections 3 and 4 of the Telecommunication
19

Excise Tax Act;
and

20

(3.2) fees, fines, and penalties collected under the
21

Artificial Intelligence Companion Model Safety Act; and

22

(4) moneys received from any other source that are
23

deposited in or transferred into the Fund.
24

(b) Moneys in the Fund:
25

(1) do not revert at the end of any State fiscal year
26

but remain available for the purposes of the Fund in

SB0316 Engrossed
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LRB104 06437 SPS 16473 b
1

subsequent State fiscal years;
2

(2) are not subject to transfer to any other Fund or to
3

transfer, assignment, or reassignment for any other use or
4

purpose outside of those specified in this Section; and
5

(3) shall be used by the Department of Human Services
6

to pay expenses pursuant to 47 U.S.C. 251a.
7

(c) An annual report of Fund deposits and expenditures
8
shall be made to the General Assembly and the Federal
9
Communications Commission by the Department of Human Services
10
pursuant to 47 U.S.C. 251a.
11

(d) (Blank).
12

(e) For the purposes of this Section, "statewide 9-8-8
13
suicide prevention and mental health crisis system" means the
14
core elements or pillars of the crisis system, as described by
15
the Substance Abuse and Mental Health Services Administration,
16
and includes Illinois' 9-8-8 Lifeline Contact Centers,
17
community crisis response services, including mobile crisis
18
teams, and crisis receiving and stabilization facilities and
19
programs, including Living Room Programs.
20
(Source: P.A. 104-6, eff. 6-16-25.)

21

Section 40.
The Wellness and Oversight for Psychological
22
Resources Act is amended by changing Section 35 as follows:

23

(225 ILCS 155/35)
24

Sec. 35.
Exceptions.
This Act does not apply to the

SB0316 Engrossed
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LRB104 06437 SPS 16473 b
1
following:
2

(1) religious counseling;
3

(2) peer support;
and
4

(3) self-help materials and educational resources that
5

are available to the public and do not purport to offer
6

therapy or psychotherapy services
; and

.
7

(4) a chatbot that complies with the Artificial
8

Intelligence Companion Model Safety Act and does not
9

provide therapy or psychotherapy services.

10
(Source: P.A. 104-54, eff. 8-1-25.)

11

Section 45.
The Consumer Fraud and Deceptive Business
12
Practices Act is amended by adding Section 2MMMM as follows:

13

(815 ILCS 505/2MMMM new)
14

Sec. 2MMMM.
Violations of the Artificial Intelligence
15
Companion Model Safety Act.
Any person who violates the
16
Artificial Intelligence Companion Model Safety Act commits an
17
unlawful practice within the meaning of this Act.

18

Section 97.
Severability.
The provisions of this Act are
19
severable under Section 1.31 of the Statute on Statutes.

20

Section 99.
Effective date.
This Act takes effect January
21
1, 2027.

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