SB1330sam001 94TH GENERAL ASSEMBLY

Sen. Ira I. Silverstein

Filed: 4/11/2005

09400SB1330sam001 LRB094 04594 RLC 44764 a

AMENDMENT TO SENATE BILL 1330

AMENDMENT NO. ______. Amend Senate Bill 1330 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Firearms Accountability Act.

Section 5. Cause of action. Whenever any person intentionally or negligently delivers or causes to be delivered a firearm, firearm ammunition, or silencer to: (1) any person who is not legally authorized to possess that item; (2) a person who is purchasing the item on behalf of another person; or (3) any other person the deliverer knows or has reason to know will use the item unlawfully; the deliverer shall thereafter be civilly liable for the commission of any subsequent tortious conduct that directly or indirectly involves the use, attempted use, or threatened use of the item by any person.

Section 10. Punitive damages. A person bringing an action under this Act may be entitled to recover punitive damages if the conduct of the defendant that gave rise to the cause of action was either intentional, reckless, or grossly negligent.

Section 15. Joint and several liability. Persons subject to liability under this Act are jointly and severally liable.

Section 20. Stay of proceedings. The prosecuting attorney of any government or governmental subdivision or agency may move for a stay of any proceeding brought under this Act, to include all discovery, pending the completion of an investigation or prosecution of a criminal case related to the subject matter of a suit brought under this Act.

Section 25. Other remedies. The remedies provided by this Act are in addition to any other remedies allowed by law.".