North Cook News

Jennifer Gong-Gershowitz introduced HB3178 in the Illinois House on Feb. 6, 2025, during the general assembly session 104, according to the Illinois General Assembly.

According to the Illinois General Assembly site, the legislature summarized the bill's official text as follows: "Amends the Digital Voice and Likeness Protection Act. Provides that a provision in an agreement between an individual and any other person for the performance of personal or professional services is unenforceable only as it relates to a new performance, fixed on or after January 1, 2026, by a digital replica of an individual if specified conditions are satisfied. Provides that the failure to include a reasonably specific description of the intended uses of a digital replica shall not render a provision in an agreement unenforceable when the uses of the digital replica are consistent with the terms of the contract for the performance of personal or professional services and the fundamental character of the photography or sound track as recorded or performed. Provides that the requirements do not affect any other provision of a contract. Makes other changes. Effective January 1, 2026."

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, this bill amends the Digital Voice and Likeness Protection Act, making certain agreements unenforceable from January 1, 2026. It applies to contracts involving digital replicas of an individual's voice or likeness, specifically when these provisions allow for digital replicas in place of live performance without providing a specific description of their intended use. The agreements are unenforceable unless the individual was represented by legal counsel or a labor union during negotiations and the terms related to digital replicas are documented in writing or covered by a collective bargaining agreement. However, even without specific descriptions, uses consistent with the original contract and the essence of the recorded or performed content will not invalidate an agreement. The bill does not affect other contract provisions or exclusivity grants.

Jennifer Gong-Gershowitz has proposed another eight bills since the beginning of the 104th session.

Gong-Gershowitz graduated from Indiana University in 1991 with a BA and again in 1996 from Loyola University School of Law at Chicago with a JD.

Jennifer Gong-Gershowitz is currently serving in the Illinois State House, representing the state's 17th House District. She replaced previous state representative Laura Fine in 2019.

Bills in Illinois follow a multi-step legislative process, beginning with introduction in either the House or Senate, followed by committee review, floor debates, and votes in both chambers before reaching the governor for approval or veto. The General Assembly operates on a biennial schedule, and while typically thousands of bills are introduced each session, only a fraction successfully pass through the process to become law.

You can read more about bills and other measures here.

Bill Number	Date Introduced	Short Description
HB3178	02/06/2025	Amends the Digital Voice and Likeness Protection Act. Provides that a provision in an agreement between an individual and any other person for the performance of personal or professional services is unenforceable only as it relates to a new performance, fixed on or after January 1, 2026, by a digital replica of an individual if specified conditions are satisfied. Provides that the failure to include a reasonably specific description of the intended uses of a digital replica shall not render a provision in an agreement unenforceable when the uses of the digital replica are consistent with the terms of the contract for the performance of personal or professional services and the fundamental character of the photography or sound track as recorded or performed. Provides that the requirements do not affect any other provision of a contract. Makes other changes. Effective January 1, 2026.
HB3110	02/06/2025	Amends the Counties Code and Illinois Municipal Code. Provides that a county or municipality may not adopt, enforce, or implement an ordinance, resolution, policy, program, or other regulation affecting a tenancy that (1) imposes or threatens to impose a penalty against a resident, property owner, tenant, landlord, or other person solely as a consequence of contact with a law enforcement agency or other emergency service, (2) requires or promotes a property owner or landlord to do, or imposes a penalty on a property owner or landlord for the failure to do, specified things, (3) defines as a nuisance, any contact with a law enforcement agency or other emergency service by a tenant or any request by a tenant, landlord, resident, or property owner for emergency assistance, (4) requires a tenant to obtain a certificate of occupancy as a condition of tenancy or turning on utilities, or (5) establishes, maintains, or promotes a registry of tenants for the purposes of discouraging or excluding a tenant on the registry from rental housing within the county or municipality. Allows an aggrieved party to file an action in circuit court, including for injunctive relief, monetary relief, attorney's fees, and costs, against a county or municipality to enforce the provisions. Provides that nothing in the provisions shall be construed to allow an aggrieved party to file or sustain an action against a landlord, owner, management company, leasing agent, or real estate agent or any other person or entity other than the county or municipality. Amends the Housing Authorities Act. Adds similar provisions concerning housing authorities. Defines terms. Repeals existing provisions about ordinances penalizing tenants who contact police or other emergency services in the Illinois Municipal Code and Counties Code. Limits the concurrent exercise of home rule powers. Effective immediately.
HB3174	02/06/2025	Amends the Counties Code. Requires a State's Attorney to notify the Illinois Law Enforcement Training Standards Board of any officer found to be uncredible for the presentation of sworn testimony. Amends the Illinois Police Training Act. Requires the Board to record whether or not an officer has been reported by a State's Attorney as being uncredible for the presentation of testimony. Effective immediately.
HB3304	02/06/2025	Creates the Digital Age Assurance Act. Provides that specified manufacturers shall take commercially reasonable and technically feasible steps to, upon activation of a device, determine or estimate the age of the device's primary user and provide websites, applications, application stores, and online services with a digital signal regarding the user's age. Sets forth requirements for any website, application, or online service that makes available mature content. Provides that a website, application, or online service with actual knowledge that a user is under 18 years of age shall, to the extent commercially reasonable and technically feasible, provide readily available features for parents or guardians to support a minor with respect to the minor's use of the website, application, or online service. Provides that specified manufacturers shall comply with the Act in a nondiscriminatory manner. Provides that the Attorney General may commence a civil action to enforce the provisions of the Act. Sets forth provisions concerning civil actions. Limits home rule. Effective January 1, 2026.
HB2873	02/05/2025	Amends the Stalking No Contact Order Act. Adds to the definition of "stalking" to include harassment that is conduct that is not necessary to accomplish a purpose that is reasonable under the circumstances, would cause a reasonable person emotional distress, and causes emotional distress to the petitioner. Creates a rebuttable presumption that the following conduct is presumed to cause emotional distress: (i) creating a disturbance at the petitioner's place of employment or school; (ii) repeatedly telephoning the petitioner's place of employment, home, or residence; (iii) repeatedly following the petitioner about in a public place or places; (iv) repeatedly keeping the petitioner under surveillance by remaining present outside his or her home, school, place of employment, vehicle, or other place occupied by the petitioner or by peering in the petitioner's windows; (v) threatening the safety of the petitioner's minor child or family member; or (vi) threatening physical force, confinement, or restraint on one or more occasions. Effective immediately.
HB2436	02/03/2025	Amends the Counties Code. Provides that, in counties with a population over 3,000,000, representation by the public defender in immigration cases shall be limited to those arising or being heard within the geographical boundaries of the county where the public defender has been appointed to office and to those of county residents with immigration cases outside of the county unless the county board authorizes the public defender to provide representation beyond those limits (rather than limited to those arising in immigration courts located within the geographical boundaries of the county where the public defender has been appointed to office unless the county board authorizes the public defender to provide representation outside the county).
HB2334	01/30/2025	Amends the Freedom of Information Act. Provides that electronic requests for public records must appear in their entirety within the body of the electronic submission and that no public body shall be required to open electronically attached files or hyperlinks to view or access the details of such a request. Effective immediately.
HB1738	01/24/2025	Amends the Liquor Control Act of 1934. Requires a bar to offer for sale or provide to the bar's customers drug testing devices at a cost not to exceed a reasonable amount based on the wholesale cost of the devices or free of charge. Provides that the owner or owners of a bar shall not be held liable, either criminally or civilly, for a defective test or inaccurate test result, including a false positive or false negative test result. Requires the owner or owners of a bar to ensure that all testing devices offered to customers have not exceeded their expiration date or recommended period of use, according to the product label or product packaging or as otherwise recommended by the manufacturer. Requires the Illinois Liquor Control Commission to post on its website information about the requirements, including, but not limited to, the signage that is required to be posted and the types of drug testing devices that are required to be available. Authorizes rulemaking.
HB1600	01/22/2025	Amends the Illinois Food, Drug and Cosmetic Act. Provides that a full-service restaurant or quick-service restaurant shall not provide single-use plastic disposable foodware items to a consumer ordering or purchasing dine-in food unless requested by the consumer and that plastic drinking straws must be provided when specifically requested. Provides that single-use plastic disposable foodware items that are provided may not be packaged in plastic. Provides that a food dispensing establishment or takeout food delivery service must provide options for a customer to request disposable foodware items separate from the customer's order, with certain requirements. Provides that a full-service restaurant or quick-service restaurant offering condiments may use dispensers rather than prepackaged disposable condiment packets. Provides that a full-service restaurant or quick-service restaurant must post a sign indicating that single-use plastic disposable foodware will be made available upon request or at a self serve station. Provides that a full-service restaurant or quick-service restaurant may make single-use plastic straws available to customers ordering or purchasing dine-in food by making available dispensers or certain other means if a sign is posted encouraging the reduction of the use single-use plastics. Provides for a civil penalty of $25, after a first notice of violation, for each day a full-service restaurant or quick-service restaurant is in violation, paid to the Department of Public Health. Defines terms. Effective January 1, 2026.
HB1374	01/15/2025	Amends the School Code. In provisions concerning health examinations and immunizations, requires questions on the safe storage of firearms in a child's home to be included as a part of each health examination. Requires the Department of Public Health to develop rules and appropriate revisions to the child health examination form to implement this requirement.