96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0179


 
Introduced 1/14/2009, by Rep. Deborah L. Graham
 
SYNOPSIS AS INTRODUCED:
 		














720 ILCS 5/24-9









    Amends the Criminal Code of 1961.  Provides that it is unlawful
for any person to
store or leave, within premises under his or her control, a firearm if
the
person knows or has reason to believe that a minor under the age of 18 (rather than 14)
years who does not have  a Firearm Owners Identification Card or who is not serving in the military 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 unless the firearm is secured.   Eliminates the provision that the person who stores or leaves the firearm is criminally liable only if the minor causes death or great bodily harm with the firearm.  Provides that if the minor causes death or great bodily harm with the unlawfully stored firearm, the penalty is a Class A misdemeanor (rather than a Class C misdemeanor).  Eliminates the provision that the firearm may be placed in some location that a reasonable person would believe would be secure from a minor.   
















LRB096 03294 RLC 13312 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB0179

LRB096 03294 RLC 13312 b






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    AN ACT concerning criminal law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Criminal Code of 1961 is amended  by changing 
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Section 24-9 as follows:
 



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    (720 ILCS 5/24-9)



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    Sec. 24-9. Firearms; minor protection
Child Protection. 

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    (a) Except as provided in
subsection (c), it is unlawful

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


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


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


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

 


 






HB0179
- 2 -
LRB096 03294 RLC 13312 b




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    (b) Sentence.  
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        (1) Except as otherwise provided in paragraph (2) of 
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    this subsection (b), a
A person who violates this Section 
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    is guilty of a Class C
misdemeanor and shall be fined not 
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    less than $1,000.  A second or subsequent
violation of this 
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    Section is a Class A misdemeanor.
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        (2) Except as provided in subsection (c), a person who 
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    violates subsection (a) is guilty of a Class A misdemeanor 
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    if a minor under the age of 18 causes death or great bodily 
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    harm with the firearm stored or left in violation of this 
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    Section.


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    (c) Paragraph (2) of subsection (b)
Subsection (a) does not 
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apply:


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


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        (2) to any firearm obtained by a minor under the age of 
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    18
14 because of
an unlawful entry of the premises by the 
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    minor or another person.

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

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