HB5065ham001 103RD GENERAL ASSEMBLY

Rep. Maura Hirschauer

Filed: 4/1/2024

10300HB5065ham001 LRB103 38126 RLC 71580 a

AMENDMENT TO HOUSE BILL 5065

AMENDMENT NO. ______. Amend House Bill 5065 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Safe Gun Storage Act.

Section 5. Definitions. In this Act:

"At-risk person" means a person who has made statements or exhibited behavior that indicates to a reasonable person there is a likelihood that the person is at risk of attempting suicide or causing physical harm to oneself or others.

"Minor" means a person under 18 years of age.

"Prohibited person" means a person ineligible under federal or State law to possess a firearm.

Section 10. Storage of firearms. A firearm owner shall not store or keep any firearm in any premises where the firearm owner knows or reasonably should know a minor, an at-risk person, or a prohibited person is likely to gain access to the firearm unless the firearm is secured in a locked container, properly engaged so as to render the firearm inaccessible or unusable to any person other than the owner or other lawfully authorized user. If the firearm is carried by or under the control of the owner or other lawfully authorized user, then the firearm is deemed lawfully stored or kept.

Section 15. Penalties; violations.

(a)(1) Except as otherwise provided in paragraphs (2) and (3) of this subsection (a), a violation of Section 10 constitutes a civil penalty not to exceed $500.

(2) If any person knows or reasonably should know that a minor, an at-risk person, or a prohibited person is likely to gain access to a firearm belonging to or under the control of that person, and a minor, an at-risk person, or a prohibited person obtains the firearm, the civil penalty shall not exceed $1,000.

(3) If a minor, an at-risk person, or a prohibited person obtains a firearm and uses it to injure or cause the death of a person or uses the firearm in connection with a crime, the civil penalty shall not exceed $10,000.

(b) The court may order a person who is found in violation of Section 10 to perform community service or pay restitution in lieu of the civil penalties imposed under this Section if good cause is shown.

(c) Nothing in this Section shall be construed to preclude civil liabilities for violations of this Act.

(d) A violation of this Act is prima facie evidence of negligence per se in any civil proceeding if a minor, an at-risk person, or a prohibited person obtains a firearm and causes personal injury to the death of oneself or another or uses the firearm in the commission of a crime.

(e) An action to collect a civil penalty under this Act may be brought by the Attorney General or the State's Attorney of the county in which the violation occurred. Any money received from the collection of a civil penalty under this Act shall be deposited in the Mental Health Fund.

Section 90. The Criminal Code of 2012 is amended by changing Section 24-9 as follows:

(720 ILCS 5/24-9)

Sec. 24-9. Firearms; Child Protection.

(a) Except as provided in subsection (c), it is unlawful for any person to store or leave, within premises under his or her control, a firearm if the person knows or reasonably should know has reason to believe that a minor under the age of 18 14 years who does not have a Firearm Owners Identification Card is likely to gain access to the firearm without the lawful permission of the minor's parent, guardian, or person having charge of the minor, and the minor causes death or great bodily harm with the firearm, unless the firearm is:

(1) secured by a device or mechanism, other than the firearm safety, designed to render a firearm temporarily inoperable; or

(2) placed in a securely locked box or container. ; or

(3) placed in some other location that a reasonable person would believe to be secure from a minor under the age of 14 years.

(b) Sentence. A person who violates this Section is guilty of a Class C misdemeanor and shall be fined not less than $1,000. A second or subsequent violation of this Section is a Class A misdemeanor.

(c) Subsection (a) does not apply:

(1) if the minor under 18 14 years of age gains access to a firearm and uses it in a lawful act of self-defense or defense of another; or

(2) to any firearm obtained by a minor under the age of 14 because of an unlawful entry of the premises by the minor or another person.

(d) For the purposes of this Section, "firearm" has the meaning ascribed to it in Section 1.1 of the Firearm Owners Identification Card Act.

(Source: P.A. 91-18, eff. 1-1-00.)".