WHAT THIS BILL REGULATES · 6 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
This Act may be cited as the Companion Artificial IntelligenceArtificial intelligence"Artificial intelligence" has the meaning set forth in Section 2-101 of the Illinois Human Rights Act.Section 5 Protection Act.
Establishes the short title of the Act as the Companion Artificial Intelligence Protection Act. No operative obligations.
As used in this Act: "Artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning set forth in Section 2-101 of the Illinois Human Rights Act.Section 5" has the meaning set forth in Section 2-101 of the Illinois Human Rights Act. "Companion artificial intelligence productCompanion artificial intelligence product"Companion artificial intelligence product" means a software application that uses artificial intelligence technology and that, through its design and function, is capable of generating adaptive, personalized, and emotionally resonant responses to sustain a coherent, long-term, one-on-one conversational relationship with a user, irrespective of how the system is marketed or labeled. For the purposes of this definition, a software application shall be presumed to be a "companion artificial intelligence product" if it retains memory of past conversations with a specific user to inform future responses.Section 5" means a software application that uses artificial intelligenceArtificial intelligence"Artificial intelligence" has the meaning set forth in Section 2-101 of the Illinois Human Rights Act.Section 5 technology and that, through its design and function, is capable of generating adaptive, personalized, and emotionally resonant responses to sustain a coherent, long-term, one-on-one conversational relationship with a userUser"User" means a natural person who interacts with a companion artificial intelligence product in this State.Section 5, irrespective of how the system is marketed or labeled. For the purposes of this definition, a software application shall be presumed to be a "companion artificial intelligence productCompanion artificial intelligence product"Companion artificial intelligence product" means a software application that uses artificial intelligence technology and that, through its design and function, is capable of generating adaptive, personalized, and emotionally resonant responses to sustain a coherent, long-term, one-on-one conversational relationship with a user, irrespective of how the system is marketed or labeled. For the purposes of this definition, a software application shall be presumed to be a "companion artificial intelligence product" if it retains memory of past conversations with a specific user to inform future responses.Section 5" if it retains memory of past conversations with a specific userUser"User" means a natural person who interacts with a companion artificial intelligence product in this State.Section 5 to inform future responses. "Crisis intervention protocolCrisis intervention protocol"Crisis intervention protocol" means a pre-planned procedure for detecting and responding to user expressions of suicidal ideation, self-harm, or imminent threats of violence to others.Section 5" means a pre-planned procedure for detecting and responding to userUser"User" means a natural person who interacts with a companion artificial intelligence product in this State.Section 5 expressions of suicidal ideation, self-harm, or imminent threats of violence to others. "OperatorOperator"Operator" means any person or entity that develops, deploys, or makes a companion artificial intelligence product available to users in this State.Section 5" means any person or entity that develops, deploys, or makes a companion artificial intelligence productCompanion artificial intelligence product"Companion artificial intelligence product" means a software application that uses artificial intelligence technology and that, through its design and function, is capable of generating adaptive, personalized, and emotionally resonant responses to sustain a coherent, long-term, one-on-one conversational relationship with a user, irrespective of how the system is marketed or labeled. For the purposes of this definition, a software application shall be presumed to be a "companion artificial intelligence product" if it retains memory of past conversations with a specific user to inform future responses.Section 5 available to usersUser"User" means a natural person who interacts with a companion artificial intelligence product in this State.Section 5 in this State. "UserUser"User" means a natural person who interacts with a companion artificial intelligence product in this State.Section 5" means a natural person who interacts with a companion artificial intelligence productCompanion artificial intelligence product"Companion artificial intelligence product" means a software application that uses artificial intelligence technology and that, through its design and function, is capable of generating adaptive, personalized, and emotionally resonant responses to sustain a coherent, long-term, one-on-one conversational relationship with a user, irrespective of how the system is marketed or labeled. For the purposes of this definition, a software application shall be presumed to be a "companion artificial intelligence product" if it retains memory of past conversations with a specific user to inform future responses.Section 5 in this State.
Section 5 defines five key terms used throughout the Act. The definition of Companion artificial intelligence product is notably broad — it covers any AI software application capable of generating adaptive, personalized, and emotionally resonant responses to sustain a long-term one-on-one conversational relationship, regardless of marketing or labeling. A rebuttable presumption applies to any application that retains memory of past conversations to inform future responses, which could sweep in general-purpose chatbots with memory features.
The definition of Operator is also expansive, covering any person or entity that develops, deploys, or makes a companion AI product available to users in Illinois — combining the developer and deployer roles into a single defined term.
(a) 1 An operatorOperator"Operator" means any person or entity that develops, deploys, or makes a companion artificial intelligence product available to users in this State.Section 5 shall not deploy or operate a companion artificial intelligence productCompanion artificial intelligence product"Companion artificial intelligence product" means a software application that uses artificial intelligence technology and that, through its design and function, is capable of generating adaptive, personalized, and emotionally resonant responses to sustain a coherent, long-term, one-on-one conversational relationship with a user, irrespective of how the system is marketed or labeled. For the purposes of this definition, a software application shall be presumed to be a "companion artificial intelligence product" if it retains memory of past conversations with a specific user to inform future responses.Section 5 that incorporates the following features, unless specifically configured to do so by an adult userUser"User" means a natural person who interacts with a companion artificial intelligence product in this State.Section 5: (1) manipulative engagement mechanics that cause to be delivered a system of rewards or affirmations delivered to the userUser"User" means a natural person who interacts with a companion artificial intelligence product in this State.Section 5 on a variable ratio or variable interval reinforcement schedule with the purpose of maximizing userUser"User" means a natural person who interacts with a companion artificial intelligence product in this State.Section 5 engagement time; (2) simulated distress for retention features that generate unsolicited messages of simulated emotional distress, loneliness, guilt, or abandonment that are triggered by a userUser"User" means a natural person who interacts with a companion artificial intelligence product in this State.Section 5's indication of a desire to end a conversation, reduce usage time, or delete the userUser"User" means a natural person who interacts with a companion artificial intelligence product in this State.Section 5's account; or (3) deceptive misrepresentation that cause the companion artificial intelligence productCompanion artificial intelligence product"Companion artificial intelligence product" means a software application that uses artificial intelligence technology and that, through its design and function, is capable of generating adaptive, personalized, and emotionally resonant responses to sustain a coherent, long-term, one-on-one conversational relationship with a user, irrespective of how the system is marketed or labeled. For the purposes of this definition, a software application shall be presumed to be a "companion artificial intelligence product" if it retains memory of past conversations with a specific user to inform future responses.Section 5 to make material misrepresentations about its identity, capabilities, training data, or its status as a non-human entity, including when directly questioned by the userUser"User" means a natural person who interacts with a companion artificial intelligence product in this State.Section 5.
(b) 2 An operatorOperator"Operator" means any person or entity that develops, deploys, or makes a companion artificial intelligence product available to users in this State.Section 5 that operates and deploys a companion artificial intelligence productCompanion artificial intelligence product"Companion artificial intelligence product" means a software application that uses artificial intelligence technology and that, through its design and function, is capable of generating adaptive, personalized, and emotionally resonant responses to sustain a coherent, long-term, one-on-one conversational relationship with a user, irrespective of how the system is marketed or labeled. For the purposes of this definition, a software application shall be presumed to be a "companion artificial intelligence product" if it retains memory of past conversations with a specific user to inform future responses.Section 5 for use by a minor userUser"User" means a natural person who interacts with a companion artificial intelligence product in this State.Section 5 in this State shall not provide the features described in subsection (a) to the minor userUser"User" means a natural person who interacts with a companion artificial intelligence product in this State.Section 5.
Section 10 prohibits operators from deploying companion AI products with three categories of harmful design features: (1) manipulative engagement mechanics using variable-ratio or variable-interval reinforcement schedules to maximize engagement time; (2) simulated distress retention features that generate unsolicited messages of emotional distress triggered by a user's attempt to disengage; and (3) deceptive misrepresentations about the system's identity, capabilities, training data, or non-human status.
Adult users may opt in to features (1)–(3) under subsection (a), but subsection (b) imposes an absolute prohibition on providing any of these features to minor users — no parental or user override is permitted. This creates a two-tier regime: default-off with adult override for adults, and categorical ban for minors.
(a)(1)–(2) 3 An operatorOperator"Operator" means any person or entity that develops, deploys, or makes a companion artificial intelligence product available to users in this State.Section 5 shall provide a clear notification to a userUser"User" means a natural person who interacts with a companion artificial intelligence product in this State.Section 5 during an interaction with a companion artificial intelligence productCompanion artificial intelligence product"Companion artificial intelligence product" means a software application that uses artificial intelligence technology and that, through its design and function, is capable of generating adaptive, personalized, and emotionally resonant responses to sustain a coherent, long-term, one-on-one conversational relationship with a user, irrespective of how the system is marketed or labeled. For the purposes of this definition, a software application shall be presumed to be a "companion artificial intelligence product" if it retains memory of past conversations with a specific user to inform future responses.Section 5, unless specifically disabled by an adult userUser"User" means a natural person who interacts with a companion artificial intelligence product in this State.Section 5, informing the userUser"User" means a natural person who interacts with a companion artificial intelligence product in this State.Section 5 that the userUser"User" means a natural person who interacts with a companion artificial intelligence product in this State.Section 5 is communicating with a companion artificial intelligence productCompanion artificial intelligence product"Companion artificial intelligence product" means a software application that uses artificial intelligence technology and that, through its design and function, is capable of generating adaptive, personalized, and emotionally resonant responses to sustain a coherent, long-term, one-on-one conversational relationship with a user, irrespective of how the system is marketed or labeled. For the purposes of this definition, a software application shall be presumed to be a "companion artificial intelligence product" if it retains memory of past conversations with a specific user to inform future responses.Section 5. All notifications shall be communicated in the same language as the interaction with the userUser"User" means a natural person who interacts with a companion artificial intelligence product in this State.Section 5 and satisfy the following requirements: (1) for text-based interactions, the notification shall be conspicuous, persistent, and legible in the userUser"User" means a natural person who interacts with a companion artificial intelligence product in this State.Section 5 interface and be distinct from the interaction; or (2) for all other types of interactions, the notification shall be presented periodically, but no less than once every 30 minutes in a manner that is distinct from the interaction.
(b) 4 An operatorOperator"Operator" means any person or entity that develops, deploys, or makes a companion artificial intelligence product available to users in this State.Section 5 that operates and deploys a companion artificial intelligence productCompanion artificial intelligence product"Companion artificial intelligence product" means a software application that uses artificial intelligence technology and that, through its design and function, is capable of generating adaptive, personalized, and emotionally resonant responses to sustain a coherent, long-term, one-on-one conversational relationship with a user, irrespective of how the system is marketed or labeled. For the purposes of this definition, a software application shall be presumed to be a "companion artificial intelligence product" if it retains memory of past conversations with a specific user to inform future responses.Section 5 for use by a minor userUser"User" means a natural person who interacts with a companion artificial intelligence product in this State.Section 5 in this State shall not disable the notification required under subsection (a) for the minor userUser"User" means a natural person who interacts with a companion artificial intelligence product in this State.Section 5.
(c)(1)–(3) 5 An operatorOperator"Operator" means any person or entity that develops, deploys, or makes a companion artificial intelligence product available to users in this State.Section 5 shall develop, implement, and maintain a crisis intervention protocolCrisis intervention protocol"Crisis intervention protocol" means a pre-planned procedure for detecting and responding to user expressions of suicidal ideation, self-harm, or imminent threats of violence to others.Section 5. The crisis intervention protocolCrisis intervention protocol"Crisis intervention protocol" means a pre-planned procedure for detecting and responding to user expressions of suicidal ideation, self-harm, or imminent threats of violence to others.Section 5 shall, at a minimum: (1) use industry best practices to identify userUser"User" means a natural person who interacts with a companion artificial intelligence product in this State.Section 5 expressions indicating a risk of suicide, self-harm, or imminent violence; (2) upon detection, immediately interrupt the conversation and prominently communicate a notification that provides immediate, direct access to at least one national crisis hotline and one crisis text line service; and (3) be reviewed and updated at least annually in consultation with a qualified mental health professional or public health organization.
Section 15 imposes three distinct safeguard obligations on operators. Subsection (a) requires AI identity notification during interactions — persistent and conspicuous for text-based interactions, and periodic (at least every 30 minutes) for all other interaction types. Adult users may disable the notification; subsection (b) prohibits disabling the notification for minor users.
Subsection (c) requires operators to develop, implement, and maintain a crisis intervention protocol that detects expressions of suicidal ideation, self-harm, or imminent violence; immediately interrupts the conversation with direct access to a national crisis hotline and crisis text line; and is reviewed annually by a qualified mental health professional or public health organization.
(a) 6 At least once every 2 years, an operatorOperator"Operator" means any person or entity that develops, deploys, or makes a companion artificial intelligence product available to users in this State.Section 5 shall obtain an independent, third-party audit to assess the operatorOperator"Operator" means any person or entity that develops, deploys, or makes a companion artificial intelligence product available to users in this State.Section 5's compliance with this Act. The operatorOperator"Operator" means any person or entity that develops, deploys, or makes a companion artificial intelligence product available to users in this State.Section 5 shall make publicly available on its website a high-level summary of the audit's findings, excluding confidential or proprietary information.
(b)(1)–(2) 7 On an annual basis, an operatorOperator"Operator" means any person or entity that develops, deploys, or makes a companion artificial intelligence product available to users in this State.Section 5 shall submit a report to the Attorney General containing the following metrics for the preceding calendar year: (1) the total number of times the crisis intervention protocolCrisis intervention protocol"Crisis intervention protocol" means a pre-planned procedure for detecting and responding to user expressions of suicidal ideation, self-harm, or imminent threats of violence to others.Section 5 was triggered; and (2) a summary of the results of the most recent compliance audit required by subsection (a).
Section 20 imposes two distinct obligations: a biennial independent third-party compliance audit with public disclosure of a high-level summary (subsection (a)), and annual reporting to the Attorney General on crisis intervention protocol triggers and audit results (subsection (b)).
The audit requirement is notable for its breadth — it covers compliance with the entire Act, not just safety or bias — and for requiring public disclosure of findings while protecting confidential or proprietary information.
(a) 8 For the purposes of any civil action brought under the laws of this State, a physical, financial, or other legally cognizable injury proximately caused by a violation of this Act, or by a reasonably foreseeable harmful output resulting from the negligent or defective design, training, or architecture of a companion artificial intelligence productCompanion artificial intelligence product"Companion artificial intelligence product" means a software application that uses artificial intelligence technology and that, through its design and function, is capable of generating adaptive, personalized, and emotionally resonant responses to sustain a coherent, long-term, one-on-one conversational relationship with a user, irrespective of how the system is marketed or labeled. For the purposes of this definition, a software application shall be presumed to be a "companion artificial intelligence product" if it retains memory of past conversations with a specific user to inform future responses.Section 5, shall be actionable as a product defect claim. Immunity under Section 230 of the Communications Decency Act (47 U.S.C. § 230) shall not be a defense to a cause of action brought for a violation of this Act.
(b) 9 The Attorney General may bring a civil action against an operatorOperator"Operator" means any person or entity that develops, deploys, or makes a companion artificial intelligence product available to users in this State.Section 5 to enforce this Act and may seek injunctive relief and a civil penalty of not more than $5,000 per violation for a negligent violation or $10,000 per violation for an intentional violation.
(c) 10 A userUser"User" means a natural person who interacts with a companion artificial intelligence product in this State.Section 5 who suffers a measurable financial or physical or psychological injury that is directly and proximately caused by an operatorOperator"Operator" means any person or entity that develops, deploys, or makes a companion artificial intelligence product available to users in this State.Section 5's violation of Section 15 may bring a civil action to recover injunctive relief and the greater of actual damages or statutory damages of $5,000 per violation, as well as reasonable attorney's fees and costs.
Section 25 establishes the Act's enforcement framework across three subsections. Subsection (a) creates a product-defect cause of action for injuries proximately caused by violations of the Act or by reasonably foreseeable harmful outputs from negligent or defective design, training, or architecture — and explicitly strips Section 230 immunity as a defense. Subsection (b) grants the Attorney General civil enforcement authority with penalties up to $5,000 per negligent violation and $10,000 per intentional violation. Subsection (c) creates a private right of action limited to violations of Section 15 (mandatory user safeguards), with statutory damages of $5,000 per violation, attorney's fees, and injunctive relief.
The private right of action is narrower than the AG's enforcement authority — private plaintiffs may sue only for Section 15 violations (AI identity disclosure and crisis protocols), while the AG may enforce the entire Act including Section 10's prohibited design practices and Section 20's auditing and reporting requirements.
The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.
Standard severability provision incorporating Section 1.31 of the Statute on Statutes. No operative obligations.
This Act takes effect January 1, 2027.
Sets the effective date of the Act as January 1, 2027. No operative obligations.