Public Act 094-0458
 
HB2404 Enrolled LRB094 08280 MKM 38469 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Financial Institutions Digital Signature
Act is amended by changing Sections 1, 5, and 10 as follows:
 
    (205 ILCS 705/1)
    Sec. 1. Short title. This Act may be cited as the Financial
Institutions Electronic Documents and Digital Signature Act.
(Source: P.A. 90-575, eff. 3-20-98.)
 
    (205 ILCS 705/5)
    Sec. 5. Definitions. As used in this Act:
    "Digital signature" means an encrypted electronic
identifier, created by computer, intended by the party using it
to have the same force and effect as the use of a manual
signature.
    "Financial institution" means a bank, a savings and loan
association, a or savings bank, or a credit union, established
under the laws of this or any other state or established under
the laws of the United States the deposits of which are insured
by the Federal Deposit Insurance Corporation or other agency of
the federal government.
    "Substitute check" means a paper reproduction of an
original check, as defined in the Check Clearing for the 21st
Century Act (12 U.S.C. 5001, et seq.), as amended from time to
time, and the rules promulgated thereunder.
(Source: P.A. 90-575, eff. 3-20-98.)
 
    (205 ILCS 705/10)
    Sec. 10. Electronic documents; digital signatures.
    (a) If in the regular course of business, a financial
institution possesses, records, or generates any document,
representation, image, substitute check, reproduction, or
combination thereof, of any agreement, transaction, act,
occurrence, or event by any electronic or computer-generated
process that accurately reproduces, comprises, or records the
agreement, transaction, act, occurrence, or event, the
recording, comprising, or reproduction shall have the same
force and effect under the laws of this State as one comprised,
recorded, or created on paper or other tangible form by
writing, typing, printing, or similar means.
    (b) In any communication, acknowledgement, agreement, or
contract between a financial institution and its customer, in
which a signature is required or used, any party to the
communication, acknowledgement, agreement, or contract may
affix a signature by use of a digital signature, and the
digital signature, when lawfully used by the person whose
signature it purports to be, shall have the same force and
effect as the use of a manual signature if it is unique to the
person using it, is capable of verification, is under the sole
control of the person using it, and is linked to data in such a
manner that if the data are changed, the digital signature is
invalidated. Nothing in this Section shall require any
financial institution or customer to use or permit the use of a
digital signature.
(Source: P.A. 90-575, eff. 3-20-98.)
 
    Section 10. The Criminal Code of 1961 is amended by
changing Section 17-3 as follows:
 
    (720 ILCS 5/17-3)  (from Ch. 38, par. 17-3)
    Sec. 17-3. Forgery.
    (a) A person commits forgery when, with intent to defraud,
he knowingly:
        (1) makes or alters any document apparently capable of
    defrauding another in such manner that it purports to have
    been made by another or at another time, or with different
    provisions, or by authority of one who did not give such
    authority; or
        (2) issues or delivers such document knowing it to have
    been thus made or altered; or
        (3) possesses, with intent to issue or deliver, any
    such document knowing it to have been thus made or altered;
    or
        (4) unlawfully uses the digital signature, as defined
    in the Financial Institutions Electronic Documents and
    Digital Signature Act, of another; or
        (5) unlawfully uses the signature device of another to
    create an electronic signature of that other person, as
    those terms are defined in the Electronic Commerce Security
    Act.
    (b) An intent to defraud means an intention to cause
another to assume, create, transfer, alter or terminate any
right, obligation or power with reference to any person or
property. As used in this Section, "document" includes, but is
not limited to, any document, representation, or image produced
manually, electronically, or by computer.
    (c) A document apparently capable of defrauding another
includes, but is not limited to, one by which any right,
obligation or power with reference to any person or property
may be created, transferred, altered or terminated. A document
includes any record or electronic record as those terms are
defined in the Electronic Commerce Security Act.
    (d) Sentence.
    Forgery is a Class 3 felony.
(Source: P.A. 90-575, eff. 3-20-98; 90-759, eff. 7-1-99;
91-357, eff. 7-29-99.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/4/2005