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HB 3851

SCH CD-CYBER-BULLYING

104th Regular Session Introduced by Li Arellano and 25 co-sponsors

Expands bullying to include sexually explicit images and AI-generated digital replicas; requires schools to update policies, notify parents within 24 hours, and investigate.

Public Act . . . . . . . . . 104-0338
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Bill Summary · HB 3851

Summary — HB 3851 (Public Act 104‑0338): School Code — Cyber‑bullying / Digital Replicas

Status: Enacted (Public Act 104‑0338). Filed Mar 5, 2025; Passed both chambers May 31, 2025; Sent to Governor Jun 24, 2025; Governor approved Aug 15, 2025. Effective date: July 1, 2026.

Purpose

Amends Section 27‑23.7 of the Illinois School Code (Bullying prevention) to update the definitions and scope of bullying and cyber‑bullying to address sexually explicit image sharing and harms created by artificial‑intelligence (AI) generated likenesses (“digital replicas”). The act clarifies school responsibilities for prevention, reporting, parent notification, and investigation while preserving First Amendment protections.

Key provisions / changes

  • Expands the statute’s bullying definitions to explicitly include:
    • Posting or distributing sexually explicit images of a student.
    • Beginning with the 2026–2027 school year, posting or distributing a “digital replica” by electronic means when that conduct produces the effects listed in the bullying definition (fear of harm, detrimental effect on health, interference with academics or school participation).
  • Defines or references key technical terms:
    • “Digital replica” — an electronic representation of an actual individual’s voice, image, or likeness created by AI or other technology (definition aligned with the Digital Voice and Likeness Protection Act in enrolled text).
    • “Artificial intelligence” and “generative artificial intelligence” — terms are defined or tied to definitions in the Digital Voice and Likeness Protection Act (bill text provides descriptive definitions in earlier drafts).
  • Maintains and clarifies existing jurisdictional reach for school action:
    • Bullying is prohibited on school grounds, at school events, via school technology, and — when it causes a substantial disruption to the educational process — via off‑campus technology or devices not owned by the school (schools act when administrators/teachers receive a report).
  • Bullying prevention policy requirements (policy must include):
    • The updated bullying/cyber‑bullying definition.
    • A statement that bullying violates State law and school policy, consistent with constitutional free‑speech and free‑exercise protections.
    • Clear reporting procedures (including school email/phone and anonymous reporting, with the caveat that anonymous reports alone do not justify formal discipline).
    • Procedures to notify parents/guardians of all students involved within 24 hours after administration becomes aware, and to discuss available services (social work, counseling, restorative measures), with “diligent efforts” to use all contact information available.
    • Prompt investigation and response procedures (the bill retains requirements for timely, reasonable investigation efforts).

Who is affected

  • Public school districts, charter schools, and non‑public non‑sectarian elementary and secondary schools in Illinois.
  • Students (targets, perpetrators, bystanders), parents/guardians, and school staff (administrators, teachers, counselors).
  • Schools’ policy‑makers and technology/IT staff who may need to update policies and response protocols to address AI‑generated content and sexually explicit image sharing.

Timeline / implementation

  • Effective date: July 1, 2026.
  • New definition covering digital replicas applies beginning with the 2026–2027 school year.
  • Schools must revise bullying prevention policies to incorporate the updated definitions and procedural requirements by the effective date.

Notable considerations

  • The act attempts to address harms from AI deepfakes and impersonation (digital replicas) and from image‑based sexual exploitation in school contexts.
  • The law affirms it does not intend to infringe constitutionally protected expression or religious exercise (subsection a‑5).
  • Schools retain the limitation that they are not required to monitor off‑campus activities but must respond when bullying via off‑campus means causes a substantial disruption and is reported to school staff.

Compiled from official sources — confirm details with the bill’s official record.

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