Illinois 103rd Regular Session Status: In Committee 34 D cosponsors

HB 4644 — ELEC CD-DECEPTIVE MATERIAL

Last action — Rule 19(a) / Re-referred to Rules Committee

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 103rd Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Election Code. Provides that a person shall not distribute, or enter into an agreement with another person to distribute, materially deceptive media if: (1) the person knows the media falsely represents a depicted individual; (2) the distribution occurs within 90 days before an election; (3) the person intends the distribution to harm the reputation or electoral prospects of a candidate in an election and the distribution is reasonably likely to cause that result; and (4) the person intends the distribution to change the voting behavior of electors in an election by deceiving the electors into incorrectly believing that the depicted individual in fact engaged in the speech or conduct depicted, and the distribution is reasonably likely to cause that result. Sets forth exceptions to the provision and penalties for violations of the provision. Effective immediately.

Bill Text

How this bill changes current law

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This bill introduces new restrictions and penalties for the distribution of materially deceptive media related to elections in Illinois.

  • 10 ILCS 5/29-21

    Sec. 29-21. Disclosure of digitally altered content. (a) As used in this Section: "Deepfake" means any video recording, motion-picture film, sound recording, electronic image, or photograph, or any technological representation of speech or conduct substantially derivative of any one or more of those forms of media: (1) that is so realistic that a reasonable person would believe it depicts speech or conduct of an individual who did not in fact engage in such speech or conduct; and (2) the production of which was substantially dependent upon technical means rather than the ability of another individual to physically or verbally impersonate the depicted individual. "Depicted individual" means an individual in a deepfake who appears to be engaging in speech or conduct in which the individual did not engage. (b) Except as provided in subsection (b), a person shall not distribute, or enter into an agreement with another person to distribute, materially deceptive media if: (1) the person knows the media falsely represents a depicted individual; (2) the distribution occurs within 90 days before an election; (3) the person intends the distribution to harm the reputation or electoral prospects of a candidate in an election and the distribution is reasonably likely to cause that result; and (4) the person intends the distribution to change the voting behavior of electors in an election by deceiving the electors into incorrectly believing that the depicted individual in fact engaged in the speech or conduct depicted, and the distribution is reasonably likely to cause that result.

    This establishes a new prohibition against distributing deceptive media with specific criteria in the context of elections.

  • 10 ILCS 5/29-21

    A candidate whose appearance, action, or speech is depicted through the use of a deceptive and fraudulent deepfake in violation of subsection (b) may seek injunctive or other equitable relief prohibiting the publication of such deceptive and fraudulent deepfake.

    This allows candidates to seek legal remedies against the use of deceptive deepfakes that misrepresent them.

  • 10 ILCS 5/29-21

    A person who violates subsection (b) commits a Class C misdemeanor. A person who violates subsection (b) with the intent to cause violence or bodily harm commits a Class A misdemeanor. A person who violates subsection (b) a second or subsequent time within 5 years after a prior conviction for violating subsection (b) commits a Class 3 felony.

    This imposes criminal penalties for violations, differentiating between misdemeanor and felony offenses based on intent and frequency.

  • 10 ILCS 5/29-21

    The prohibition described in subsection (b) does not apply if: (1) The media includes a disclaimer informing the viewer that the media has been manipulated by technical means and depicts speech or conduct that did not occur.

    This sets a condition under which the distribution of deceptive media is permissible if adequately disclosed.

  • 10 ILCS 5/29-21

    This Section does not apply to: (1) a radio or television broadcasting station, including a cable or satellite television operator, programmer, or producer, that broadcasts a deceptive and fraudulent deepfake prohibited by this Section as part of a bona fide newscast, news interview, news documentary, or on-the-spot coverage of bona fide news events...

    This outlines specific exemptions for media organizations under certain conditions.

Action History

  1. Rule 19(a) / Re-referred to Rules Committee

  2. Added Co-Sponsor Rep. Lindsey LaPointe

  3. Added Co-Sponsor Rep. Harry Benton

  4. Added Co-Sponsor Rep. Kimberly Du Buclet

  5. Added Co-Sponsor Rep. Jaime M. Andrade, Jr.

  6. Added Co-Sponsor Rep. Kam Buckner

  7. Added Co-Sponsor Rep. Michelle Mussman

  8. Added Co-Sponsor Rep. Justin Slaughter

  9. Added Co-Sponsor Rep. William "Will" Davis

  10. Added Co-Sponsor Rep. Janet Yang Rohr

  11. Added Co-Sponsor Rep. Yolonda Morris

  12. Added Co-Sponsor Rep. Maura Hirschauer

  13. Added Co-Sponsor Rep. Anne Stava-Murray

  14. Added Co-Sponsor Rep. Lilian Jiménez

  15. Added Co-Sponsor Rep. Norma Hernandez

  16. Added Co-Sponsor Rep. Kelly M. Cassidy

  17. Added Co-Sponsor Rep. Barbara Hernández

  18. Added Co-Sponsor Rep. Camille Y. Lilly

  19. Added Co-Sponsor Rep. Robert "Bob" Rita

  20. Added Co-Sponsor Rep. Jenn Ladisch Douglass

  21. Added Co-Sponsor Rep. Laura Faver Dias

  22. Added Co-Sponsor Rep. Marcus C. Evans, Jr.

  23. Added Co-Sponsor Rep. Anna Moeller

  24. Added Co-Sponsor Rep. Rita Mayfield

  25. Added Co-Sponsor Rep. Diane Blair-Sherlock

  26. Added Co-Sponsor Rep. Stephanie A. Kifowit

  27. Added Co-Sponsor Rep. Mary Beth Canty

  28. Added Co-Sponsor Rep. Hoan Huynh

  29. Added Co-Sponsor Rep. Sonya M. Harper

  30. Added Co-Sponsor Rep. Nabeela Syed

  31. Added Co-Sponsor Rep. Aarón M. Ortíz

  32. Added Co-Sponsor Rep. Sharon Chung

  33. Added Co-Sponsor Rep. Kevin John Olickal

  34. Added Co-Sponsor Rep. Will Guzzardi

  35. Added Co-Sponsor Rep. Dagmara Avelar

  36. Assigned to Ethics & Elections

  37. Referred to Rules Committee

  38. First Reading

  39. Added Chief Co-Sponsor Rep. Maurice A. West, II

  40. Filed with the Clerk by Rep. Abdelnasser Rashid

Sponsors

Sponsorship breakdown

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1 sponsors · 35 co-sponsors · 147 not signed on

Sponsors (1)

Co-sponsors (35)

Not signed on (147)

147 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

elections
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Frequently asked questions

What does HB 4644 do?
Amends the Election Code. Provides that a person shall not distribute, or enter into an agreement with another person to distribute, materially deceptive media if: (1) the person knows the media falsely represents a depicted individual; (2) the distribution occurs within 90 days before an election; (3) the person intends the distribution to harm the reputation or electoral prospects of a candidate in an election and the distribution is reasonably likely to cause that result; and (4) the person intends the distribution to change the voting behavior of electors in an election by deceiving the electors into incorrectly believing that the depicted individual in fact engaged in the speech or conduct depicted, and the distribution is reasonably likely to cause that result. Sets forth exceptions to the provision and penalties for violations of the provision. Effective immediately.
Who sponsors HB 4644?
HB 4644 is sponsored by Abdelnasser Rashid (Democrat), Maurice A. West, II (Democrat), Dagmara Avelar (Democrat), Will Guzzardi (Democrat), Kevin John Olickal (Democrat), Sharon Chung (Democrat), Nabeela Syed (Democrat), Sonya M. Harper (Democrat), Hoan Huynh (Democrat), Mary Beth Canty (Democrat), Stephanie A. Kifowit (Democrat), Diane Blair-Sherlock (Democrat), Rita Mayfield (Democrat), Anna Moeller (Democrat), Marcus C. Evans, Jr. (Democrat), Robert "Bob" Rita (Democrat), Camille Y. Lilly (Democrat), Barbara Hernández, Kelly M. Cassidy (Democrat), Norma Hernandez (Democrat), Lilian Jiménez (Democrat), Anne Stava (Democrat), Maura Hirschauer (Democrat), Yolonda Morris (Democrat), William "Will" Davis (Democrat), Justin Slaughter (Democrat), Michelle Mussman (Democrat), Kam Buckner (Democrat), Jaime M. Andrade, Jr. (Democrat), Harry Benton (Democrat), Lindsey LaPointe (Democrat), Janet Yang Rohr (Democrat), Laura Faver Dias (Democrat), Aarón M. Ortíz (Democrat), Kimberly Du Buclet (Democrat), and Ladisch Douglass.
What is the current status of HB 4644?
This bill died with 103rd Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 4644?
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