HB4156ham001 102ND GENERAL ASSEMBLY

Rep. Margaret Croke

Filed: 2/4/2022

10200HB4156ham001 LRB102 20323 LNS 35839 a

AMENDMENT TO HOUSE BILL 4156

AMENDMENT NO. ______. Amend House Bill 4156 by replacing everything after the enacting clause with the following:

"Section 1. Short title; references to Act.

(a) Short title. This Act may be cited as the Firearms Straw Purchaser Liability Act.

(b) References to Act. This Act may be referred to as the Protecting Heartbeats Act.

Section 5. Findings. The General Assembly finds, according to contemporary medical research, that:

(1) firearms pose a risk to State residents' health and life when used illegally or improperly;

(2) the discharge of firearms in an unlawful manner to cause bodily injury or death has become a key medical predictor that the health and life of a State resident is endangered;

(3) the discharge of firearms in an unlawful manner that causes bodily injury or death does not advance either an individual or collective right to keep or bear arms under the Second Amendment of the United States Constitution; and

(4) the State has compelling interest in protecting the health and the life of State residents

Section 10. Definitions. As used in this Act:

"Dealer" means any person or entity that transfers a firearm to another person or entity.

"Firearm" has the same meaning as in the Firearm Owners Identification Card Act.

"Prospective firearm owner" means a person who is attempting to acquire a firearm.

Section 15. Liability.

(a) Any dealer of a firearm who illegally transfers a firearm shall be held strictly liable, without regard to fault or proof of defect, for any bodily injury or death if the bodily injury or death proximately results from the unlawful discharge of the firearm in this State.

(b) An action for the violation of this Act may be brought by:

(1) if the violation caused a nonfatal injury, the injured person or, if the injured person is a minor, by the injured minor's guardian; or

(2) if the violation caused the death of a person, by the deceased person's personal representative.

Section 20. Damages. If a claimant prevails in an action brought under this Act, the court shall award:

(1) injunctive relief sufficient to prevent the defendant from violating this Act;

(2) statutory damages in an amount of not less than $10,000 for each individual injured or killed by a firearm that the defendant dealt; and

(3) costs and attorney's fees.

Section 25. Limitations.

(a) Notwithstanding any other law, the following are not defenses to an action brought under this Act:

(1) ignorance or mistake of law;

(2) a defendant's belief that the requirements of this Act are unconstitutional or were unconstitutional;

(3) a defendant's reliance on any court decision that has been overruled on appeal or by a subsequent court, even if that court decision had not been overruled when the defendant engaged in conduct that violates this Act;

(4) a defendant's reliance on any State or federal court decision that is not binding on the court in which the action has been brought;

(5) nonmutual issue preclusion or nonmutual claim preclusion; or

(6) any claim that the enforcement of this Act or the imposition of civil liability against the defendant will violate the constitutional rights of third parties.

(b) A defendant against whom an action is brought under this Act does not have standing to assert the rights of a firearm owner, prospective firearm owner, or group of firearm owners or prospective firearm owners as a defense to liability unless:

(1) the United States Supreme Court holds that courts of this State must confer standing on that defendant to assert the third-party rights of a firearm owner, prospective firearm owner, or group of firearm owners or prospective firearm owners in State court as a matter of federal constitutional law; or

(2) the defendant has standing to assert the rights of a firearm owner, prospective firearm owner, or group of firearm owners or prospective firearm owners under the tests of third-party standing established by the United States Supreme Court.

(c) A defendant in an action brought under this Act may assert an affirmative defense to liability if:

(1) the defendant has standing to assert the third-party rights of a firearm owner, prospective firearm owner, or group of firearm owners or prospective firearm owners; or

(2) the defendant demonstrates that the relief sought by the claimant will impose an impermissible burden on the firearm owner, prospective firearm owner, or group of firearm owners and prospective firearm owners.

(d) A court may not find an impermissible burden or an infringement on the right to keep or bear arms unless a defendant introduces evidence proving that:

(1) an award of relief will prevent a firearm owner, prospective firearm owners, or group of firearm owners or prospective firearm owners from legally acquiring firearms; or

(2) an award of relief will place a substantial obstacle in the path of a firearm owner, prospective firearm owners, or group of firearm owners or prospective firearm owners who are seeking to legally acquire firearms.

(e) A defendant may not establish an impermissible burden or an infringement on the right to keep or bear arms under this Section by:

(1) merely demonstrating that an award of relief will prevent a firearm owner, prospective firearm owners, or group of firearm owners or prospective firearm owners from obtaining support or assistance, financial or otherwise, from others in their efforts to acquire firearms; or

(2) arguing or attempting to argue that an award of relief against other defendants or other potential defendants will impose an impermissible burden or infringe on the right to keep or bear arms on a firearm owner, prospective firearm owners, or group of firearm owners or prospective firearm owners.

(f) The requirements of this Act shall be enforced exclusively through the private civil actions described in this Act. No enforcement of this Act may be taken or threatened by this State, a political subdivision, a State's Attorney, or an executive or administrative officer or employee of this State or a political subdivision.

(g) A court may not award relief under this Act if the defendant demonstrates that the defendant previously paid the full amount of statutory damages under this Act in a previous action for that particular bodily injury or death.

(h) No action may be brought under this Act by a person injured by a firearm during the commission of a crime, or his or her agent, if the injured person was involved in the commission of such crime.

(i) No action may be brought under this Act by a person injured by a firearm who intentionally self-inflicted said injury, or his or her agent.

(j) A person may bring an action under this Act within 4 years from the date of bodily injury or death.

(k) This Act shall not limit in scope any cause of action available to a person injured or killed by a firearm.

Section 30. Venue. A civil action brought under this Act shall be brought in:

(1) the county in which all or a substantial part of the events or omissions giving rise to the claim occurred;

(2) the county or residence of any one of the natural person defendants at the time of the cause of action accrued;

(3) the county of the principal office in this State of any of the defendants that is not a natural person; or

(4) the county or residence for the claimant if the claimant is a natural person residing in this State.

If a civil action is brought under this Act in any one of the venues described in this Act, the action may not be transferred to a different venue without the written consent of all parties.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.".