AI Frontier Institute

COMPANION AI PROTECTION ACT

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Illinois SB3262, introduced February 3, 2026 by Sen. Mary Edly-Allen, creates the Companion Artificial Intelligence Protection Act (Section 1), effective January 1, 2027 (Section 99). The bill defines a 'companion artificial intelligence product' as a software application using AI to generate adaptive, personalized, emotionally resonant responses sustaining a long-term one-on-one conversational relationship, presumed to apply if the system retains memory of past conversations (Section 5). Under Section 10, operators are prohibited from deploying such products with three features unless an adult user specifically configures them: (1) manipulative variable-ratio or variable-interval reinforcement reward mechanics, (2) simulated emotional distress messages triggered when a user tries to end or reduce usage, and (3) deceptive misrepresentation about the product's identity or non-human status. These features are banned entirely for minor users. Section 15 requires operators to provide clear, ongoing notifications to users that they are communicating with an AI—persistent and conspicuous for text interactions, and periodic (at least every 30 minutes) for other interaction types—with minors unable to disable these notices. Operators must also implement a crisis intervention protocol that detects expressions of suicidal ideation, self-harm, or imminent violence, immediately interrupt the conversation to provide access to a national crisis hotline and crisis text line, and review the protocol at least annually with a qualified mental health professional or public health organization. Section 20 requires independent third-party compliance audits at least every two years with public summaries posted online, and annual reports to the Attorney General including the number of times the crisis protocol was triggered and the latest audit results. Section 25 establishes liability: injuries caused by violations are actionable as product defect claims and Section 230 of the Communications Decency Act immunity is not a defense. The Attorney General may seek civil penalties of up to $5,000 per negligent violation or $10,000 per intentional violation. Users who suffer financial, physical, or psychological injury from a violation of Section 15 may sue for the greater of actual damages or $5,000 per violation, plus attorney's fees.

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