ARTIFICIAL INTELLIGENCE SAFETY

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3261

Introduced 2/3/2026, by Sen. Mary Edly-Allen

SYNOPSIS AS INTRODUCED:

New Act

Creates the Artificial Intelligence Public Safety and Child
Protection Transparency Act. Provides that a frontier artificial
intelligence model developer or large chatbot provider shall write,
implement, comply with, and clearly and conspicuously publish on its
website a public safety and child protection plan. Provides that the
Attorney General shall establish a mechanism to be used by a large frontier
developer, a large chatbot provider, or a member of the public to report a
safety incident related to specified artificial intelligence models or
chatbots. Sets forth provisions concerning the protection of
whistleblowers; third party audits of large frontier developers; and civil
penalties. Provides for rulemaking by the Attorney General. Effective
January 1, 2027.
LRB104 19179 SPS 32624 b

A BILL FOR

SB3261
LRB104 19179 SPS 32624 b
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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 Public Safety and Child Protection
6
Transparency Act.

7

Section 5.
Findings.
The General Assembly finds and
8
declares:
9

(a) Artificial intelligence, including new advances in
10
foundation models, has the potential to catalyze innovation
11
and the rapid development of a wide range of benefits for
12
Illinoisans and the Illinois economy, including advances in
13
medicine, agriculture, and climate science, and to push the
14
bounds of human creativity and capacity.
15

(b) Targeted interventions to support effective artificial
16
intelligence governance should balance the technology's
17
benefits and the potential for material risks.
18

(c) In building a robust and transparent evidence
19
environment, policymakers can align incentives to
20
simultaneously protect consumers, leverage industry expertise,
21
and recognize leading safety practices.
22

(d) As industry actors conduct internal research on their
23
technologies' impacts, public trust in these technologies

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would significantly benefit from access to information
2
regarding, and increased awareness of, frontier artificial
3
intelligence capabilities.
4

(e) Greater transparency can also advance accountability,
5
competition, and public trust.
6

(f) Whistleblower protections and public-facing
7
information sharing are key instruments to increase
8
transparency.
9

(g) Incident reporting systems enable monitoring of the
10
post-deployment impacts of artificial intelligence.
11

(h) Unless they are developed with careful diligence and
12
reasonable precaution, there is concern that advanced
13
artificial intelligence systems could have capabilities that
14
pose catastrophic risks from both malicious uses and
15
malfunctions, including artificial intelligence-enabled
16
hacking, biological attacks, and loss of control.
17

(i) With the frontier of artificial intelligence rapidly
18
evolving, there is a need for legislation to track the
19
frontier of artificial intelligence research and alert
20
policymakers and the public to serious risks and harms from
21
the most advanced artificial intelligence systems, while
22
avoiding burdening smaller companies behind the frontier.
23

(j) While the major artificial intelligence developers
24
have already voluntarily established the creation, use, and
25
publication of frontier artificial intelligence frameworks as
26
an industry best practice, not all developers have provided

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reporting that is consistent and sufficient to ensure
2
necessary transparency and protection of the public.
3
Mandatory, standardized, and objective reporting by frontier
4
developers is required to provide the government and the
5
public with timely and accurate information.
6

(k) Timely reporting of critical safety incidents to the
7
government is essential to ensure that public authorities are
8
promptly informed of ongoing and emerging risks to public
9
safety. This reporting enables the government to monitor,
10
assess, and respond effectively if the advanced capabilities
11
emerge in frontier artificial intelligence models that may
12
pose a threat to the public.
13

(l) In the future, foundation models developed by smaller
14
companies or that are behind the frontier may pose significant
15
catastrophic risk, and additional legislation may be needed at
16
that time.
17

(m) It is the intent of the General Assembly to create more
18
transparency, but collective safety will depend in part on
19
frontier developers taking due care in their development and
20
deployment of frontier models proportional to the scale of the
21
foreseeable risks.

22

Section 10.
Definitions.
As used in this Act:
23

"Affiliate" means a person controlling, controlled by, or
24
under common control with a specified person, directly or
25
indirectly, through one or more intermediaries.

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"Artificial intelligence model" means an engineered or
2
machine-based system that varies in its level of autonomy and
3
that can, for explicit or implicit objectives, infer from the
4
input it receives how to generate outputs that can influence
5
physical or virtual environments.
6

"Catastrophic risk" means a foreseeable and material risk
7
that a frontier developer's development, storage, use, or
8
deployment of a frontier model will materially contribute to
9
the death of, or serious injury to, more than 50 people or more
10
than $1,000,000,000 in damage to, or loss of, property arising
11
from a single incident involving a frontier model doing the
12
following:
13

(1) providing expert-level assistance in the creation
14

or release of a chemical, biological, radiological, or
15

nuclear weapon;
16

(2) engaging in conduct with no meaningful human
17

oversight, intervention, or supervision that is either a
18

cyberattack or, if the conduct had been committed by a
19

human, would constitute the crime of murder, assault,
20

extortion, or theft, including theft by false pretense; or
21

(3) evading the control of its frontier developer or
22

user.
23

"Catastrophic risk" does not include a foreseeable and
24
material risk from the following:
25

(1) information that a frontier model outputs if the
26

information is otherwise publicly accessible in a

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substantially similar form from a source other than a
2

foundation model;
3

(2) lawful activity of the federal government; or
4

(3) harm caused by a frontier model in combination
5

with other software if the frontier model did not
6

materially contribute to the harm.
7

"Child safety incident" means death or bodily injury to a
8
minor resulting from the materialization of a child safety
9
risk.
10

"Child safety risk" means a material and foreseeable risk
11
that a frontier developer's foundation model, when used as
12
part of a covered chatbot operated by the frontier developer,
13
will engage in behavior when conversing with a minor that, if
14
it had been engaged in by a human, would be deemed to
15
intentionally or recklessly do the following:
16

(1) cause death or bodily injury to that minor,
17

including as a result of self-harm; or
18

(2) cause damage to mental health that constitutes
19

severe emotional distress.
20

"Covered chatbot" means a service that:
21

(1) allows an ordinary person to converse with and
22

have conversations where humanlike responses are generated
23

by a foundation model;
24

(2) is foreseeably likely to be accessed by minors;
25

and
26

(3) has at least 1,000,000 monthly active users.

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"Covered risk" means a catastrophic risk or a child safety
2
risk.
3

"Critical safety incident" means the following:
4

(1) unauthorized access to, modification of,
5

inadvertent release of, or exfiltration of, the model
6

weights of a frontier model;
7

(2) the death of, or serious injury to, more than 50
8

people or more than $1,000,000,000 in damage to, or loss
9

of, property resulting from the materialization of a
10

catastrophic risk;
11

(3) loss of control of a frontier model that causes
12

death, bodily injury, or that demonstrates materially
13

increased catastrophic risk; or
14

(4) the use of deceptive techniques by a frontier
15

model against its frontier developer to subvert the
16

controls or monitoring of its frontier developer outside
17

of the context of an evaluation designed to elicit this
18

behavior and in a manner that demonstrates materially
19

increased catastrophic risk.
20

"Deploy" means to make a frontier model available to a
21
third party for use, modification, copying, or combination
22
with other software. "Deploy" does not include making a
23
frontier model available to a third party for the primary
24
purpose of developing or evaluating the frontier model.
25

"Employee" has the meaning set forth in the Whistleblower
26
Act.

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"Foundation model" means an artificial intelligence model
2
that is:
3

(1) trained on a broad data set;
4

(2) designed for generality of output; and
5

(3) adaptable to a wide range of distinctive tasks.
6

"Frontier developer" means a person who has trained, or
7
initiated the training of, a frontier model, with respect to
8
which the person has used, or intends to use, at least as much
9
computing power to train the frontier model as would meet the
10
technical specifications described in the definition of
11
"frontier model". "Frontier developer" does not include
12
accredited colleges and universities to the extent that the
13
colleges and universities are engaging in academic research.
14
For the purpose of this definition, if a person subsequently
15
transfers full intellectual property rights of a frontier
16
model to another person, including the right to resell the
17
model, and retains none of those rights, then the receiving
18
person shall be considered the frontier developer with respect
19
to that frontier model.
20

"Frontier model" means a foundation model that was trained
21
using a quantity of computing power greater than 10^26 integer
22
or floating-point operations. The quantity of computing power
23
described in this definition shall include computing for the
24
original training run and for any subsequent fine-tuning,
25
reinforcement learning, or other material modifications the
26
developer applies to a preceding foundation model.

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"Large chatbot provider" means a provider who makes a
2
covered chatbot available in this State and who, together with
3
the provider's affiliates, collectively have an annual revenue
4
of at least $25,000,000.
5

"Large frontier developer" means a frontier developer who,
6
together with the large frontier developer's affiliates,
7
collectively have an annual revenue of at least $500,000,000.
8

"Minor" means an individual younger than 18 years old.
9

"Model weight" means a numerical parameter in a frontier
10
model that is adjusted through training and that helps
11
determine how inputs are transformed into outputs.
12

"Property" means tangible or intangible property.
13

"Public safety and child protection plan" means a
14
documented technical and organizational protocol to manage,
15
assess, and mitigate covered risks.
16

"Safety incident" means a child safety incident or a
17
critical safety incident.

18

Section 15.
Public safety and child protection plans.
19

(a) A large frontier developer or large chatbot provider
20
shall write, implement, comply with, and clearly and
21
conspicuously publish on its website a public safety and child
22
protection plan that describes in detail:
23

(1) For a large frontier developer only, how the large
24

frontier developer:
25

(A) defines and assesses thresholds used by the

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large frontier developer to identify and assess
2

whether a frontier model has capabilities that could
3

pose a catastrophic risk, which may include
4

multiple-tiered thresholds;
5

(B) applies mitigations to address the potential
6

for catastrophic risks based on the results of the
7

assessments undertaken in accordance with subparagraph
8

(A);
9

(C) reviews assessments of catastrophic risk and
10

adequacy of mitigations of catastrophic risk as part
11

of the decision to deploy a frontier model or use it
12

extensively internally;
13

(D) uses third parties to assess the potential for
14

catastrophic risks and the effectiveness of
15

mitigations of catastrophic risks;
16

(E) implements cybersecurity practices to secure
17

unreleased frontier model weights from unauthorized
18

modification or transfer by internal or external
19

parties; and
20

(F) assesses and manages catastrophic risk
21

resulting from the internal use of its frontier
22

models, including risks resulting from a frontier
23

model circumventing oversight mechanisms or being used
24

for artificial intelligence research and development
25

in a manner that could materially increase
26

catastrophic risk.

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(2) For a large chatbot provider only, how the large
2

chatbot provider:
3

(A) assesses potential for child safety risks;
4

(B) applies mitigations to address the potential
5

for child safety risks based on the results of the
6

assessments undertaken in accordance with subparagraph
7

(A); and
8

(C) uses third parties to assess the potential for
9

child safety risks and the effectiveness of
10

mitigations of child safety risks.
11

(3) For both large frontier developers and large
12

chatbot providers, how the large frontier developer or
13

large chatbot provider:
14

(A) incorporates national standards, international
15

standards, and industry-consensus best practices into
16

its public safety and child protection plan;
17

(B) revisits and updates the public safety and
18

child protection plan, including any criteria that
19

trigger updates and how the large frontier developer
20

determines when its foundation models or frontier
21

models are substantially modified enough to require
22

disclosures in accordance with subsection (d) or
23

subsection (e);
24

(C) identifies and responds to safety incidents;
25

and
26

(D) institutes internal governance practices to

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ensure implementation of these processes.
2

(b) A large frontier developer shall write its public
3
safety and child protection plan so that, if successfully
4
implemented, it would prevent unreasonable catastrophic risk.
5

(c) If a large frontier developer or large chatbot
6
provider makes a material modification to its public safety
7
and child protection plan, the large frontier developer or
8
large chatbot provider shall clearly and conspicuously publish
9
the modified public safety and child protection plan and a
10
justification for that modification within 30 days after the
11
modification is made.
12

(d) Before, or concurrently with, integrating a new
13
foundation model, or a version of an existing foundation model
14
that has been substantially modified, into a covered chatbot
15
operated by a large chatbot provider, a large chatbot provider
16
shall conspicuously publish on its website summaries of the
17
following:
18

(1) all assessments of child safety risks conducted in
19

accordance with the large chatbot provider's public safety
20

and child protection plan;
21

(2) the results of those assessments;
22

(3) the extent to which third-party evaluators were
23

involved; and
24

(4) other steps taken to fulfill the requirements of
25

the public safety and child protection plan with respect
26

to child safety risks.

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(e) Before, or concurrently with, deploying a new frontier
2
model or a version of an existing frontier model that a large
3
frontier developer has substantially modified, a large
4
frontier developer shall implement appropriate safeguards to
5
prevent unreasonable catastrophic risk and conspicuously
6
publish on its website summaries of the following:
7

(1) all assessments of catastrophic risks from the
8

frontier model conducted in accordance with the large
9

frontier developer's public safety and child protection
10

plan;
11

(2) the results of those assessments;
12

(3) the extent to which third-party evaluators were
13

involved; and
14

(4) other steps taken to fulfill the requirements of
15

the public safety and child protection plan with respect
16

to catastrophic risks from the frontier model.
17

A large frontier developer that publishes the information
18
described in this subsection as part of a larger document,
19
including a system card or model card, shall be deemed in
20
compliance with this subsection.
21

(f) A large frontier developer shall not use or deploy a
22
frontier model if doing so would pose unreasonable
23
catastrophic risk.
24

(g) A large frontier developer or large chatbot provider
25
shall not make a materially false or misleading statement or
26
omission about covered risks from its activities or its

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management of covered risks.
2

A large frontier developer or large chatbot provider shall
3
not make a materially false or misleading statement or
4
omission about its implementation of, or compliance with, its
5
public safety and child protection plan.
6

This subsection does not apply to a statement that was
7
made in good faith and was reasonable under the circumstances.
8

(h) When a large frontier developer or large chatbot
9
provider publishes documents to comply with this Section, the
10
large frontier developer or large chatbot provider may make
11
redactions to those documents that are necessary to protect
12
the large frontier developer's or large chatbot provider's
13
trade secrets, the large frontier developer's or large chatbot
14
provider's cybersecurity, public safety, or the national
15
security of the United States or to comply with any State or
16
federal law. If a large frontier developer or large chatbot
17
provider redacts information in a document under this
18
subsection, the large frontier developer or large chatbot
19
provider shall describe the character and justification of the
20
redaction in any published version of the document to the
21
extent permitted by the concerns that justify redaction and
22
shall retain the unredacted information for 5 years.

23

Section 20.
Reporting of safety incidents.
24

(a) The Attorney General shall establish a mechanism to
25
be used by a frontier developer, a large chatbot provider, or a

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member of the public to report a safety incident that includes
2
the following:
3

(1) the date of the safety incident;
4

(2) the reasons the incident qualifies as a safety
5

incident; and
6

(3) a short and plain statement describing the safety
7

incident.
8

(b) A frontier developer shall report any critical safety
9
incident pertaining to one of its frontier models to the
10
Attorney General within 15 days after discovering the critical
11
safety incident.
12

(c) If a frontier developer discovers that a critical
13
safety incident poses an imminent risk of death or serious
14
physical injury, the frontier developer shall disclose that
15
incident within 24 hours after discovering the critical safety
16
incident to an authority, including any law enforcement agency
17
or public safety agency with jurisdiction, that is appropriate
18
based on the nature of that incident and as required by law.
19

(d) A large chatbot provider shall report any child safety
20
incident pertaining to one of its covered chatbots to the
21
Attorney General within 15 days after discovering the child
22
safety incident.
23

(e) The Attorney General shall establish a mechanism to be
24
used by a large frontier developer to confidentially submit
25
summaries of any assessments of the potential for catastrophic
26
risk resulting from internal use of its frontier models.

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(f) A large frontier developer shall transmit to the
2
Attorney General a summary of any assessment of catastrophic
3
risk resulting from internal use of its frontier models no
4
less frequently than every 3 months.
5

(g) The Attorney General may transmit reports of safety
6
incidents, summaries of assessments of the potential for
7
catastrophic risk from internal use, and reports from
8
employees to the General Assembly, the Governor, the federal
9
government, or an appropriate State agency. The Attorney
10
General shall consider any risks related to trade secrets,
11
public safety, cybersecurity, or national security when
12
transmitting reports.

13

Section 25.
Rulemaking; definitions.
14

(a) On or before January 1, 2028, and annually thereafter,
15
the Attorney General shall assess recent evidence and
16
developments relevant to the purposes of this Act and may
17
adopt rules to update the following definitions for the
18
purposes of this Act to ensure that they accurately reflect
19
technological developments, scientific literature, and widely
20
accepted national and international standards:
21

(1) "Frontier model" so that it applies to foundation
22

models at the frontier of artificial intelligence
23

development.
24

(2) "Frontier developer" so that it applies to
25

developers of frontier models who are themselves at the

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frontier of artificial intelligence development.
2

(3) "Large frontier developer" so that it applies to
3

well-resourced frontier developers.
4

(4) "Large chatbot provider" so that it applies to
5

well-resourced companies developing covered chatbots that
6

may pose child safety risks.
7

(b) In adopting rules under this Section, the Attorney
8
General shall take into account the following:
9

(1) similar thresholds used in international standards
10

or federal law, regulations, or guidance documents for the
11

management of catastrophic risks or child safety risks;
12

(2) input from stakeholders, including academics,
13

industry, the open-source community, and governmental
14

entities;
15

(3) the extent to which a person will be able to
16

determine, before beginning to train or deploy a
17

foundation model, whether that person will be subject to
18

this Act as a frontier developer or as a large frontier
19

developer with a focus toward allowing earlier
20

determinations if possible;
21

(4) the complexity of determining whether a person or
22

foundation model is covered, with a focus toward allowing
23

simpler determinations if possible;
24

(5) the external verifiability of determining whether
25

a person or foundation model is covered, with a focus
26

toward definitions that are verifiable by parties other

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than the frontier developer; and
2

(6) thresholds used by other states in similar law.
3

(c) The Attorney General shall align any rules adopted
4
under this Section with a definition adopted in a federal law
5
or regulation, to the extent that it is consistent with the
6
purposes of this Act.

7

Section 30.
Protection of whistleblowers.
8

(a) A frontier developer or large chatbot provider shall
9
not make, adopt, enforce, or enter into a rule, regulation,
10
policy, or contract that prevents an employee from making a
11
disclosure protected under the Whistleblower Act.
12

(b) A large frontier developer shall provide a reasonable
13
internal process through which an employee may anonymously
14
disclose information to the large frontier developer if the
15
employee has a good faith belief that the information
16
discloses a substantial and specific danger to employees,
17
public health, or safety or a violation of this Act, including
18
a monthly update to the person who made the disclosure
19
regarding the status of the large frontier developer's
20
investigation of the disclosure and the actions taken by the
21
large frontier developer in response to the disclosure.
22

(c) Except as provided in subsection (d), the disclosures
23
and responses of the process required by this Section shall be
24
shared with officers and directors of the large frontier
25
developer at least once each quarter.

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(d) If an employee has alleged wrongdoing by an officer or
2
director of the large frontier developer in a disclosure or
3
response, subsection (c) shall not apply with respect to that
4
officer or director.

5

Section 35.
Third-party audits.
6

(a) At least once every calendar year, a large frontier
7
developer shall retain a reputable third-party auditor to
8
produce a report assessing the following:
9

(1) whether the large frontier developer has complied
10

with its public safety plan and any instances of
11

noncompliance;
12

(2) any instances where the large frontier developer's
13

public safety plan has not been stated clearly enough to
14

determine whether the large frontier developer has
15

complied; and
16

(3) whether redactions made by the large frontier
17

developer in documents published in accordance with this
18

Act are reasonable and whether any statements made by the
19

large frontier developer may be false or misleading.
20

(b) A large frontier developer shall allow the third-party
21
auditor access to all materials produced to comply with this
22
Act and any other materials reasonably necessary to perform
23
the assessment required under subsection (a).
24

(c) The large frontier developer shall retain the
25
auditor's report for 5 years and allow the Attorney General to

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1
inspect the unredacted version of the report upon request.
2

(d) In conducting the audit, the auditor shall employ or
3
contract one or more individuals with expertise in corporate
4
compliance and one or more individuals with technical
5
expertise in the safety of foundation models.

6

Section 40.
Civil penalties.
7

(a) A large frontier developer that violates this Act
8
shall be subject to a civil penalty in an amount dependent upon
9
the severity of the violation that does not exceed $1,000,000
10
per violation.
11

(b) A large chatbot provider that violates this Act shall
12
be subject to a civil penalty in an amount dependent upon the
13
severity of the violation that does not exceed $50,000 per
14
violation.
15

(c) A civil penalty described in this Section shall be
16
recovered in a civil action brought by the Attorney General.

17

Section 45.
Loss of equity.
The loss of value of equity
18
does not count as damage to or loss of property for the
19
purposes of this Act.

20

Section 50.
Compliance with other laws.
21

(a) The Attorney General may adopt rules creating
22
alternative compliance pathways for frontier developers or
23
large chatbot providers that comply with a federal law,

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1
regulation, or guidance document or a law of another state of
2
the United States.
3

(b) A rule adopted under this Section shall:
4

(1) Specify the provisions of this Act for which the
5

alternative compliance pathway is being established.
6

(2) Specify the federal law, regulation, or guidance
7

document, or the law of another state, compliance with
8

which shall serve as the alternative compliance pathway
9

for the provisions specified under paragraph (1). The
10

federal law, regulation or guidance document or the law of
11

another state shall be substantially equivalent to, or
12

more protective against catastrophic risk than, the
13

provisions of this Act specified under paragraph (1).
14

(c) If a rule adopted under this Section identifies, as
15
described in paragraph (1) of subsection (b), a provision of
16
this Act that requires reporting to the State and if the
17
alternative compliance pathway requires reporting to the
18
federal government, the rule may, but need not, continue to
19
require reporting to the State. The rule shall not consider
20
reporting to another state to be sufficient for compliance
21
with the relevant provision of this Act.
22

(d) A rule adopted under this Section may establish steps
23
frontier developers or large chatbot providers must take to
24
demonstrate their compliance with the alternative compliance
25
pathway if it would otherwise be challenging for the State to
26
verify compliance, such as the submission of documentation to

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1
the State.
2

(e) A frontier developer or large chatbot provider that
3
intends to make use of an alternative compliance pathway
4
created by rule under this Section shall declare its intent to
5
do so to the Attorney General.
6

After declaring its intent, a frontier developer or large
7
chatbot provider shall be deemed in compliance with the
8
provision of this Act identified by the rule under paragraph
9
(1) of subsection (b) to the extent that the frontier
10
developer or large chatbot provider complies with the
11
requirements of the rule and meets the standards of, or
12
complies with the requirements imposed or stated by, the
13
federal law, regulation, or guidance document or law of
14
another state identified by the rule under paragraph (2) of
15
subsection (b) until the frontier developer or large chatbot
16
provider declares the revocation of that intent to the
17
Attorney General or the Attorney General revokes the rule in
18
accordance with subsection (f).
19

(f) The Attorney General shall revoke a rule adopted under
20
this Section if the conditions specified by this Section no
21
longer apply.

22

Section 99.
Effective date.
This Act takes effect January
23
1, 2027.

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