430 ILCS 185/15: Reporting critical safety incidents.

(This Section may contain text from a Public Act with a delayed effective date)

(a) The Agency, in consultation with the Attorney General, shall establish a mechanism to be used by a frontier developer or a member of the public to report a critical safety incident that includes all of the following:

(1) the date of the critical safety incident;

(2) the reasons the incident qualifies as a critical safety incident;

(3) a short and plain statement describing the critical safety incident; and

(4) whether the incident was associated with internal use of a frontier model.

(b)(1) The Agency, in consultation with the Attorney General, shall establish a mechanism to be used by a large frontier developer to confidentially submit summaries of any assessments of the potential for catastrophic risk resulting from internal use of its frontier models.

(2) The Agency and the Attorney General shall take all necessary precautions to limit access to any reports related to internal use of frontier models to only personnel with a specific need to know the information and to protect the reports from unauthorized access.

(c) A frontier developer shall report any critical safety incident pertaining to one or more of its frontier models to the Agency and the Attorney General within 72 hours of the frontier developer learning facts sufficient to establish a reasonable belief that a critical safety incident has occurred. The disclosure shall include: (i) the date of the critical safety incident; (ii) the reasons the incident qualifies as a critical safety incident as defined in this Act; and (iii) a short and plain statement describing the critical safety incident. If a frontier developer discovers that a critical safety incident poses an imminent risk of death or serious physical injury, the frontier developer shall disclose that incident within 24 hours to an authority, including any law enforcement agency or public safety agency with jurisdiction, that is appropriate based on the nature of that incident and as required by law. A frontier developer that discovers information about a critical safety incident after filing the initial report required by this subsection (c) may file an amended report. A frontier developer is encouraged, but not required, to report critical safety incidents pertaining to foundation models that are not frontier models.

(d) The Agency and the Attorney General shall review critical safety incident reports submitted by frontier developers and may review reports submitted by members of the public.

(e) The Attorney General or the Agency may transmit reports of critical safety incidents to the General Assembly, the Governor, the federal government, or appropriate State agencies. The Attorney General and the Agency shall strongly consider any risks related to trade secrets, public safety, cybersecurity of a frontier developer, or national security when transmitting reports.

(f) The following records are exempt from disclosure under the Freedom of Information Act:

(1) any report of a critical safety incident submitted to the Agency or the Attorney General;

(2) any report of an assessment of catastrophic risk from internal use under subsection (e) of Section 10;

(3) any unredacted version of the third party audit report produced under subsection (d) of Section 10 in the possession of the Agency or the Attorney General;

(4) any materials, work papers, notes, or derivative documents prepared by a third party in connection with an audit under subsection (d) of Section 10, to the extent such materials come into the possession of the Agency or the Attorney General; and

(5) any covered employee report made under Section 30.

(g)(1) By January 1, 2029, and by each January 1 thereafter, the Agency, in consultation with the Attorney General, shall produce a report that includes the following:

(A) anonymized and aggregated information about critical safety incidents that have been reviewed by the Agency or the Attorney General since the preceding report;

(B) information that the Agency deems relevant to frontier model safety;

(C) recommended updates to this Act, if any; and

(D) any developments relevant to the purposes of this Act.

(2) The Agency and the Attorney General shall not include information in a report that would compromise the trade secrets or cybersecurity of a frontier developer, public safety, or the national security of the United States or that would be prohibited by any federal or State law.

(3) The Agency, in consultation with the Attorney General, shall transmit the report under this subsection (g) to the General Assembly and to the Governor.