COMPANION AI PROTECTION ACT

Illinois General Assembly - Full Text of SB3262

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3262

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

SYNOPSIS AS INTRODUCED:

New Act

Creates the Companion Artificial Intelligence Protection Act.
Provides that an operator of a companion artificial intelligence product
shall not deploy or operate a companion artificial intelligence product
that incorporates specified features. Provides for auditing and reporting
requirements. Provides that an operator shall provide a clear notification
during an interaction with a companion artificial intelligence product
informing the user that the user is communicating with a companion
artificial intelligence product. Requires the implementation of mandatory
user safeguards, including a crisis intervention protocol. Sets forth
provisions concerning liability and enforcement. Effective January 1,
2027.
LRB104 19810 SPS 33260 b

A BILL FOR

SB3262
LRB104 19810 SPS 33260 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
Companion Artificial Intelligence Protection Act.

6

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

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

"Companion artificial intelligence product" means a
10
software application that uses artificial intelligence
11
technology and that, through its design and function, is
12
capable of generating adaptive, personalized, and emotionally
13
resonant responses to sustain a coherent, long-term,
14
one-on-one conversational relationship with a user,
15
irrespective of how the system is marketed or labeled. For the
16
purposes of this definition, a software application shall be
17
presumed to be a "companion artificial intelligence product"
18
if it retains memory of past conversations with a specific
19
user to inform future responses.
20

"Crisis intervention protocol" means a pre-planned
21
procedure for detecting and responding to user expressions of
22
suicidal ideation, self-harm, or imminent threats of violence
23
to others.

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LRB104 19810 SPS 33260 b
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"Operator" means any person or entity that develops,
2
deploys, or makes a companion artificial intelligence product
3
available to users in this State.
4

"User" means a natural person who interacts with a
5
companion artificial intelligence product in this State.

6

Section 10.
Prohibited design and deceptive practices.
7

(a) An operator shall not deploy or operate a companion
8
artificial intelligence product that incorporates the
9
following features, unless specifically configured to do so by
10
an adult user:
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(1) manipulative engagement mechanics that cause to be
12

delivered a system of rewards or affirmations delivered to
13

the user on a variable ratio or variable interval
14

reinforcement schedule with the purpose of maximizing user
15

engagement time;
16

(2) simulated distress for retention features that
17

generate unsolicited messages of simulated emotional
18

distress, loneliness, guilt, or abandonment that are
19

triggered by a user's indication of a desire to end a
20

conversation, reduce usage time, or delete the user's
21

account; or
22

(3) deceptive misrepresentation that cause the
23

companion artificial intelligence product to make material
24

misrepresentations about its identity, capabilities,
25

training data, or its status as a non-human entity,

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LRB104 19810 SPS 33260 b
1

including when directly questioned by the user.
2

(b) An operator that operates and deploys a companion
3
artificial intelligence product for use by a minor user in
4
this State shall not provide the features described in
5
subsection (a) to the minor user.

6

Section 15.
Mandatory user safeguards.
7

(a) An operator shall provide a clear notification to a
8
user during an interaction with a companion artificial
9
intelligence product, unless specifically disabled by an adult
10
user, informing the user that the user is communicating with a
11
companion artificial intelligence product. All notifications
12
shall be communicated in the same language as the interaction
13
with the user and satisfy the following requirements:
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(1) for text-based interactions, the notification
15

shall be conspicuous, persistent, and legible in the user
16

interface and be distinct from the interaction; or
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(2) for all other types of interactions, the
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notification shall be presented periodically, but no less
19

than once every 30 minutes in a manner that is distinct
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from the interaction.
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(b) An operator that operates and deploys a companion
22
artificial intelligence product for use by a minor user in
23
this State shall not disable the notification required under
24
subsection (a) for the minor user.
25

(c) An operator shall develop, implement, and maintain a

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crisis intervention protocol. The crisis intervention protocol
2
shall, at a minimum:
3

(1) use industry best practices to identify user
4

expressions indicating a risk of suicide, self-harm, or
5

imminent violence;
6

(2) upon detection, immediately interrupt the
7

conversation and prominently communicate a notification
8

that provides immediate, direct access to at least one
9

national crisis hotline and one crisis text line service;
10

and
11

(3) be reviewed and updated at least annually in
12

consultation with a qualified mental health professional
13

or public health organization.

14

Section 20.
Transparency, auditing, and reporting.
15

(a) At least once every 2 years, an operator shall obtain
16
an independent, third-party audit to assess the operator's
17
compliance with this Act. The operator shall make publicly
18
available on its website a high-level summary of the audit's
19
findings, excluding confidential or proprietary information.
20

(b) On an annual basis, an operator shall submit a report
21
to the Attorney General containing the following metrics for
22
the preceding calendar year:
23

(1) the total number of times the crisis intervention
24

protocol was triggered; and
25

(2) a summary of the results of the most recent

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compliance audit required by subsection (a).

2

Section 25.
Liability and enforcement.
3

(a) For the purposes of any civil action brought under the
4
laws of this State, a physical, financial, or other legally
5
cognizable injury proximately caused by a violation of this
6
Act, or by a reasonably foreseeable harmful output resulting
7
from the negligent or defective design, training, or
8
architecture of a companion artificial intelligence product,
9
shall be actionable as a product defect claim. Immunity under
10
Section 230 of the Communications Decency Act (47 U.S.C. §
11
230) shall not be a defense to a cause of action brought for a
12
violation of this Act.
13

(b) The Attorney General may bring a civil action against
14
an operator to enforce this Act and may seek injunctive relief
15
and a civil penalty of not more than $5,000 per violation for a
16
negligent violation or $10,000 per violation for an
17
intentional violation.
18

(c) A user who suffers a measurable financial or physical
19
or psychological injury that is directly and proximately
20
caused by an operator's violation of Section 15 may bring a
21
civil action to recover injunctive relief and the greater of
22
actual damages or statutory damages of $5,000 per violation,
23
as well as reasonable attorney's fees and costs.

24

Section 97.
Severability.
The provisions of this Act are

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1
severable under Section 1.31 of the Statute on Statutes.

2

Section 99.
Effective date.
This Act takes effect January
3
1, 2027.

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