Illinois General Assembly - Full Text of HB4156
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB4156  102nd General Assembly

HB4156ham001 102ND GENERAL ASSEMBLY

Rep. Margaret Croke

Filed: 2/4/2022

 

 


 

 


 
10200HB4156ham001LRB102 20323 LNS 35839 a

1
AMENDMENT TO HOUSE BILL 4156

2    AMENDMENT NO. ______. Amend House Bill 4156 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title; references to Act.
5    (a) Short title. This Act may be cited as the Firearms
6Straw Purchaser Liability Act.
7    (b) References to Act. This Act may be referred to as the
8Protecting Heartbeats Act.
 
9    Section 5. Findings. The General Assembly finds, according
10to contemporary medical research, that:
11        (1) firearms pose a risk to State residents' health
12    and life when used illegally or improperly;
13        (2) the discharge of firearms in an unlawful manner to
14    cause bodily injury or death has become a key medical
15    predictor that the health and life of a State resident is
16    endangered;

 

 

10200HB4156ham001- 2 -LRB102 20323 LNS 35839 a

1        (3) the discharge of firearms in an unlawful manner
2    that causes bodily injury or death does not advance either
3    an individual or collective right to keep or bear arms
4    under the Second Amendment of the United States
5    Constitution; and
6        (4) the State has compelling interest in protecting
7    the health and the life of State residents
 
8    Section 10. Definitions. As used in this Act:
9    "Dealer" means any person or entity that transfers a
10firearm to another person or entity.
11    "Firearm" has the same meaning as in the Firearm Owners
12Identification Card Act.
13    "Prospective firearm owner" means a person who is
14attempting to acquire a firearm.
 
15    Section 15. Liability.
16    (a) Any dealer of a firearm who illegally transfers a
17firearm shall be held strictly liable, without regard to fault
18or proof of defect, for any bodily injury or death if the
19bodily injury or death proximately results from the unlawful
20discharge of the firearm in this State.
21    (b) An action for the violation of this Act may be brought
22by:
23        (1) if the violation caused a nonfatal injury, the
24    injured person or, if the injured person is a minor, by the

 

 

10200HB4156ham001- 3 -LRB102 20323 LNS 35839 a

1    injured minor's guardian; or
2        (2) if the violation caused the death of a person, by
3    the deceased person's personal representative.
 
4    Section 20. Damages. If a claimant prevails in an action
5brought under this Act, the court shall award:
6        (1) injunctive relief sufficient to prevent the
7    defendant from violating this Act;
8        (2) statutory damages in an amount of not less than
9    $10,000 for each individual injured or killed by a firearm
10    that the defendant dealt; and
11        (3) costs and attorney's fees.
 
12    Section 25. Limitations.
13    (a) Notwithstanding any other law, the following are not
14defenses to an action brought under this Act:
15        (1) ignorance or mistake of law;
16        (2) a defendant's belief that the requirements of this
17    Act are unconstitutional or were unconstitutional;
18        (3) a defendant's reliance on any court decision that
19    has been overruled on appeal or by a subsequent court,
20    even if that court decision had not been overruled when
21    the defendant engaged in conduct that violates this Act;
22        (4) a defendant's reliance on any State or federal
23    court decision that is not binding on the court in which
24    the action has been brought;

 

 

10200HB4156ham001- 4 -LRB102 20323 LNS 35839 a

1        (5) nonmutual issue preclusion or nonmutual claim
2    preclusion; or
3        (6) any claim that the enforcement of this Act or the
4    imposition of civil liability against the defendant will
5    violate the constitutional rights of third parties.
6    (b) A defendant against whom an action is brought under
7this Act does not have standing to assert the rights of a
8firearm owner, prospective firearm owner, or group of firearm
9owners or prospective firearm owners as a defense to liability
10unless:
11        (1) the United States Supreme Court holds that courts
12    of this State must confer standing on that defendant to
13    assert the third-party rights of a firearm owner,
14    prospective firearm owner, or group of firearm owners or
15    prospective firearm owners in State court as a matter of
16    federal constitutional law; or
17        (2) the defendant has standing to assert the rights of
18    a firearm owner, prospective firearm owner, or group of
19    firearm owners or prospective firearm owners under the
20    tests of third-party standing established by the United
21    States Supreme Court.
22    (c) A defendant in an action brought under this Act may
23assert an affirmative defense to liability if:
24        (1) the defendant has standing to assert the
25    third-party rights of a firearm owner, prospective firearm
26    owner, or group of firearm owners or prospective firearm

 

 

10200HB4156ham001- 5 -LRB102 20323 LNS 35839 a

1    owners; or
2        (2) the defendant demonstrates that the relief sought
3    by the claimant will impose an impermissible burden on the
4    firearm owner, prospective firearm owner, or group of
5    firearm owners and prospective firearm owners.
6    (d) A court may not find an impermissible burden or an
7infringement on the right to keep or bear arms unless a
8defendant introduces evidence proving that:
9        (1) an award of relief will prevent a firearm owner,
10    prospective firearm owners, or group of firearm owners or
11    prospective firearm owners from legally acquiring
12    firearms; or
13        (2) an award of relief will place a substantial
14    obstacle in the path of a firearm owner, prospective
15    firearm owners, or group of firearm owners or prospective
16    firearm owners who are seeking to legally acquire
17    firearms.
18    (e) A defendant may not establish an impermissible burden
19or an infringement on the right to keep or bear arms under this
20Section by:
21        (1) merely demonstrating that an award of relief will
22    prevent a firearm owner, prospective firearm owners, or
23    group of firearm owners or prospective firearm owners from
24    obtaining support or assistance, financial or otherwise,
25    from others in their efforts to acquire firearms; or
26        (2) arguing or attempting to argue that an award of

 

 

10200HB4156ham001- 6 -LRB102 20323 LNS 35839 a

1    relief against other defendants or other potential
2    defendants will impose an impermissible burden or infringe
3    on the right to keep or bear arms on a firearm owner,
4    prospective firearm owners, or group of firearm owners or
5    prospective firearm owners.
6    (f) The requirements of this Act shall be enforced
7exclusively through the private civil actions described in
8this Act. No enforcement of this Act may be taken or threatened
9by this State, a political subdivision, a State's Attorney, or
10an executive or administrative officer or employee of this
11State or a political subdivision.
12    (g) A court may not award relief under this Act if the
13defendant demonstrates that the defendant previously paid the
14full amount of statutory damages under this Act in a previous
15action for that particular bodily injury or death.
16    (h) No action may be brought under this Act by a person
17injured by a firearm during the commission of a crime, or his
18or her agent, if the injured person was involved in the
19commission of such crime.
20    (i) No action may be brought under this Act by a person
21injured by a firearm who intentionally self-inflicted said
22injury, or his or her agent.
23    (j) A person may bring an action under this Act within 4
24years from the date of bodily injury or death.
25    (k) This Act shall not limit in scope any cause of action
26available to a person injured or killed by a firearm.
 

 

 

10200HB4156ham001- 7 -LRB102 20323 LNS 35839 a

1    Section 30. Venue. A civil action brought under this Act
2shall be brought in:
3        (1) the county in which all or a substantial part of
4    the events or omissions giving rise to the claim occurred;
5        (2) the county or residence of any one of the natural
6    person defendants at the time of the cause of action
7    accrued;
8        (3) the county of the principal office in this State
9    of any of the defendants that is not a natural person; or
10        (4) the county or residence for the claimant if the
11    claimant is a natural person residing in this State.
12    If a civil action is brought under this Act in any one of
13the venues described in this Act, the action may not be
14transferred to a different venue without the written consent
15of all parties.
 
16    Section 97. Severability. The provisions of this Act are
17severable under Section 1.31 of the Statute on Statutes.".