Illinois House Bill 3746

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Spectrum: Partisan Bill (Democrat 1-0)
Status: Introduced on February 7 2025 - 25% progression
Action: 2025-02-07 - Filed with the Clerk by Rep. Robert "Bob" Rita
Text: Latest bill text (Introduced) [HTML]

Amends the Harassing and Obscene Communications Article of the Criminal Code of 2012. Provides that in addition to any criminal penalties, a person who is the victim of harassment under the harassment through electronic communications statute may bring a civil action against the perpetrator of the harassment. Provides that in such an action, the victim may be awarded damages not to exceed $10,000,000 for each count of harassment. Provides that these damages may include compensation for any physical injury, emotional distress, reputational harm, or other damages directly resulting from the harassment. Provides that, in addition to compensatory damages, the court may award punitive damages if the defendant's conduct was willfully or maliciously intended to harm the victim. Provides that punitive damages may be awarded in an amount deemed appropriate by the court, not to exceed the statutory limit of $10,000,000 per count. Provides that in any civil action brought under this provision, the prevailing party may be entitled to reasonable attorney's fees, court costs, and other expenses. Provides that the use of an end-to-end encryption messaging system or device to transmit harassing messages or communications is an aggravating factor in sentencing. Provides that a person who violates the harassment through electronic communications statute using an end-to-end encryption messaging system or device to engage in harassment is guilty of a Class 3 felony, regardless of other factors surrounding the offense. Defines "end-to-end encryption messaging system or device". Amends the Unified Code of Corrections to make conforming changes. Effective immediately.

CRIM CD-HARASS ELECTRON-CIVIL

Rep. Robert Rita [D]

Date	Chamber	Action
2025-02-07	House	Filed with the Clerk by Rep. Robert "Bob" Rita

Chapter	Article	Section	Citation Type	Statute Text
720	5	26.5-0.1	Amended Code	Citation Text
720	5	26.5-3	Amended Code	Citation Text
720	5	26.5-5	Amended Code	Citation Text
730	5	5-5-3.2	Amended Code	Citation Text

Type	Source
Summary	https://www.ilga.gov/legislation/BillStatus.asp?DocNum=3746&GAID=18&DocTypeID=HB&SessionID=114&GA=104
Text	https://www.ilga.gov/legislation/104/HB/10400HB3746.htm