Bill
HB 2866
HB 2866 adds Section 98 to BIPA to specify that Public Act 103-769’s changes apply only to cases pending as of Aug 2, 2024 or filed on/after that date.
Status and basic info
- Jurisdiction: Illinois (Biometric Information Privacy Act — 740 ILCS 14)
- Bill number: HB 2866
- Primary sponsor: Rep. Jeff Keicher
- Introduced: February 6, 2025 (filed with Clerk Feb 5, 2025)
- Key action: Adds a new Section 98 to the Biometric Information Privacy Act (BIPA)
- Effective date: Upon becoming law (immediate effect)
Purpose / intent
- HB 2866 clarifies the temporal applicability of the amendments to BIPA that were enacted by Public Act 103-769. In short, it states that the changes made by Public Act 103-769 apply to (1) actions pending on August 2, 2024, and (2) actions commenced and complaints filed on or after August 2, 2024.
Key provision
- New statutory language: Adds Section 98 to 740 ILCS 14 explicitly providing that the changes made to BIPA by Public Act 103-769 apply to:
- Actions that were pending on August 2, 2024, and
- Actions commenced and complaints filed on or after August 2, 2024.
Who is affected
- Plaintiffs and defendants in BIPA litigation — including class actions and individual suits — whose cases were pending as of August 2, 2024 or that were filed on/after that date.
- Employers, technology companies, and other entities that collect, store, or process biometric identifiers or biometric information in Illinois.
- Courts handling BIPA cases, which will apply Public Act 103-769’s changes to qualifying pending and subsequently filed matters.
Procedural/timeline aspects and legal implications
- The bill is narrowly focused on applicability/retroactivity: it does not itself change substantive BIPA provisions but dictates which cases are governed by the earlier legislative changes (Public Act 103-769).
- Immediate effect upon enactment means courts will apply the statutory applicability rule right away.
- Practical impacts may include:
- Changing the legal framework that governs ongoing suits (potentially affecting remedies, pleading requirements, or other procedural/substantive rules established by PA 103-769).
- Affecting litigation strategy (motions, settlements) for both plaintiffs and defendants in cases pending as of Aug 2, 2024.
- Potentially prompting additional litigation or motions challenging application/retroactivity in particular cases (e.g., whether a specific pending case falls within the stated scope).
Document note (potential mix-up)
- The materials provided also contain text labeled HB 2866 from Arizona concerning homeowners’ associations (amendments to ARS §§33‑1242 and 33‑1803). That Arizona measure is unrelated to Illinois’ BIPA applicability provision. Verify the intended jurisdiction and bill text if you need a summary specifically of the Arizona homeowners’ association bill.
If you’d like, I can:
- Produce a short plain‑language explainer of how Public Act 103‑769 changed BIPA (so you can see what will now apply to pending cases), or
- Summarize the Arizona homeowners’ association bill separately.
Compiled from official sources — confirm details with the bill’s official record.
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