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| Public Act 094-0458 |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Financial Institutions Digital Signature | ||||
Act is amended by changing Sections 1, 5, and 10 as follows:
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(205 ILCS 705/1)
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Sec. 1. Short title. This Act may be cited as the Financial
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Institutions Electronic Documents and
Digital Signature Act.
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(Source: P.A. 90-575, eff. 3-20-98.)
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(205 ILCS 705/5)
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Sec. 5. Definitions. As used in this Act:
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"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.
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"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.
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"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.
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(Source: P.A. 90-575, eff. 3-20-98.)
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(205 ILCS 705/10)
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Sec. 10. Electronic documents; digital signatures.
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(a) If in the regular course of business, a financial | ||||
institution possesses,
records, or generates any document, | ||||
representation, image, substitute check, reproduction, or
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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
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writing, typing, printing, or similar means.
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(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
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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.
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(Source: P.A. 90-575, eff. 3-20-98.)
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Section 10. The Criminal Code of 1961 is amended by | ||
changing Section 17-3 as follows:
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(720 ILCS 5/17-3) (from Ch. 38, par. 17-3)
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Sec. 17-3. Forgery.
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(a) A person commits forgery when, with intent to defraud, | ||
he knowingly:
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(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
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(2) issues or delivers such document knowing it to have | ||
been thus
made or altered; or
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(3) possesses, with intent to issue or deliver, any | ||
such document
knowing it to have been thus made or altered; | ||
or
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(4) unlawfully uses the digital signature, as defined | ||
in the Financial
Institutions Electronic Documents and | ||
Digital Signature Act, of another; or
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(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.
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(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.
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(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.
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(d) Sentence.
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Forgery is a Class 3 felony.
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(Source: P.A. 90-575, eff. 3-20-98; 90-759, eff. 7-1-99; | ||
91-357, eff.
7-29-99.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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