Bill Amendment: IL SB1376 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: FIDUCIARY ACCESS-DIGITAL ASSET

Status: 2015-05-31 - Rule 19(a) / Re-referred to Rules Committee [SB1376 Detail]

Download: Illinois-2015-SB1376-House_Amendment_002.html

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Rep. Marcus C. Evans, Jr.

Filed: 5/13/2015

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AMENDMENT TO SENATE BILL 1376
AMENDMENT NO. ______. Amend Senate Bill 1376 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the
Access to Records of Deceased Individuals Act.
Section 5. Definitions. As used in this Act:
"Contents", when used with respect to any wire, oral, or
electronic communication, includes any information concerning
the substance, purport, or meaning of that communication, as
defined in 18 U.S.C. 2510(8), and includes the subject line of
a communication.
"Electronic communication" means any transfer of signs,
signals, writing, images, sounds, data, or intelligence of any
nature transmitted in whole or in part by a wire, radio,
electromagnetic, or photoelectronic or photooptical system
that affects interstate or foreign commerce, but does not

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include:
(1) any wire or oral communication;
(2) any communication made through a tone-only paging
device;
(3) any communication from a tracking device; or
(4) electronic funds transfer information stored by a
financial institution in a communications system used for
the electronic storage and transfer of funds,
as defined in 18 U.S.C. 2510(12).
"Electronic communication service" means any service which
provides to users thereof the ability to send or receive wire
or electronic communications, as defined in 18 U.S.C. 2510(15).
"Electronic communications system" means any wire, radio,
electromagnetic, or photooptical or photoelectronic facilities
for the transmission of wire or electronic communications and
any computer facilities or related electronic equipment for the
electronic storage of such communications, as defined in 18
U.S.C. 2510(14).
"Provider" means an electronic communication service or
remote computing service as defined in 18 U.S.C. 2510 or 2711.
"Record or other information pertaining to" shall be
interpreted in a manner consistent with that term as used in 18
U.S.C. 2702(c).
"Remote computing service" means the provision to the
public of computer storage or processing services by means of
an electronic communications system, as defined in 18 U.S.C.

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2711(2).
"User" means any person or entity that:
(1) uses an electronic communication service; and
(2) is duly authorized by the provider of the service
to engage in such use,
as defined in 18 U.S.C. 2510(13).
Section 10. Disclosure to executor or administrator.
(a) A court that has jurisdiction of the estate of a
deceased user shall order a provider to disclose to the
executor or administrator of the estate a record or other
information pertaining to the deceased user as described in 18
U.S.C. 2702, but not including the contents of communications
or stored contents, if the court makes the following findings
of fact:
(1) the user is deceased;
(2) the deceased user was the subscriber to or customer
of the provider;
(3) the accounts belonging to the deceased user have
been identified with specificity, including a unique
identifier assigned by the provider;
(4) there are no other authorized users or owners of
the deceased user's accounts;
(5) disclosure is not in violation of 18 U.S.C. 2701 et
seq., 47 U.S.C. 222, or other applicable law;
(6) the request for disclosure is narrowly tailored to

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effect the purpose of the administration of the estate;
(7) the executor or administrator demonstrates a good
faith belief that account records are relevant to resolve
fiscal assets of the estate;
(8) the request seeks information spanning no more than
one year prior to the date of death; and
(9) the request is not in conflict with the deceased
user's will.
(b) A provider shall be required to disclose to the
executor or administrator of the estate of a deceased user the
contents of the deceased user's account only if the executor or
administrator gives the provider all of the following:
(1) a written request for the contents of deceased
user's account;
(2) a copy of the death certificate of the deceased
user; and
(3) an order of the court that has jurisdiction of the
estate of a deceased user:
(A) finding that the will of the decedent or a
setting within the product or service regarding how the
user's contents can be treated after a set period of
inactivity or other event expressly consented to the
disclosure of the contents of the deceased user's
account by the executor or administrator of the estate
of the deceased user;
(B) ordering that the estate shall first indemnify

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the provider from all liability in complying with the
order;
(C) finding that the user is deceased;
(D) finding that the deceased user was the
subscriber to or customer of the provider;
(E) finding that accounts belonging to the
deceased user have been identified with specificity,
including a unique identifier assigned by the
provider;
(F) finding that there are no other authorized
users or owners of the deceased user's accounts; and
(G) finding that disclosure of the contents is not
in violation of 18 U.S.C. 2701 et seq., 47 U.S.C. 222,
or other applicable law.
Section 15. Undue hardship. A court entering an order
pursuant to Section 10 shall quash or modify the order, on a
motion made promptly by the provider, if compliance with the
order would otherwise cause an undue burden on the provider or
if any of the requirements of Section 10 are not satisfied.
Section 20. Limitations on disclosure.
(a) Notwithstanding Section 10, a provider shall not be
compelled to disclose any record or any contents of
communications if:
(1) the deceased user expressed his or her intent to

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disallow disclosure through (i) deletion of the records or
contents during the user's lifetime or (ii) affirmatively
indicating through a setting within the product or service
regarding how the user's records or contents can be treated
after a set period of inactivity or other event;
(2) the provider is aware of any indication of lawful
access to the account after the date of the deceased user's
death; or
(3) disclosure violates other applicable law.
(b) Nothing in this Act shall be interpreted to confer upon
the recipient any greater rights in the contents than those
enjoyed by the deceased user.
Section 25. Notice of request for disclosure; time for
objection. A provider may notify the account that a request for
information was made pursuant to Section 10, and may provide
any current user of the account a reasonable period of time to
object to disclosure, during which no disclosure shall be made.
If a user notifies the provider that he or she objects, no
disclosure shall be made.
Section 30. Allowing assumption of control not required. A
provider shall not be required to allow any requesting party to
assume control of the deceased user's account.
Section 35. No liability; good faith compliance. A provider

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shall not be held liable in any civil or criminal action for
compliance in good faith with a court order issued pursuant to
this Act.".