Full Text of HB5065 103rd General Assembly
HB5065ham001 103RD GENERAL ASSEMBLY | Rep. Maura Hirschauer Filed: 4/1/2024 | | 10300HB5065ham001 | | LRB103 38126 RLC 71580 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 5065
| 2 | | AMENDMENT NO. ______. Amend House Bill 5065 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 1. Short title. This Act may be cited as the Safe | 5 | | Gun Storage Act. | 6 | | Section 5. Definitions. In this Act: | 7 | | "At-risk person" means a person who has made statements or | 8 | | exhibited behavior that indicates to a reasonable person there | 9 | | is a likelihood that the person is at risk of attempting | 10 | | suicide or causing physical harm to oneself or others. | 11 | | "Minor" means a person under 18 years of age. | 12 | | "Prohibited person" means a person ineligible under | 13 | | federal or State law to possess a firearm. | 14 | | Section 10. Storage of firearms. A firearm owner shall not | 15 | | store or keep any firearm in any premises where the firearm |
| | | 10300HB5065ham001 | - 2 - | LRB103 38126 RLC 71580 a |
|
| 1 | | owner knows or reasonably should know a minor, an at-risk | 2 | | person, or a prohibited person is likely to gain access to the | 3 | | firearm unless the firearm is secured in a locked container, | 4 | | properly engaged so as to render the firearm inaccessible or | 5 | | unusable to any person other than the owner or other lawfully | 6 | | authorized user. If the firearm is carried by or under the | 7 | | control of the owner or other lawfully authorized user, then | 8 | | the firearm is deemed lawfully stored or kept. | 9 | | Section 15. Penalties; violations. | 10 | | (a)(1) Except as otherwise provided in paragraphs (2) and | 11 | | (3) of this subsection (a), a violation of Section 10 | 12 | | constitutes a civil penalty not to exceed $500. | 13 | | (2) If any person knows or reasonably should know that a | 14 | | minor, an at-risk person, or a prohibited person is likely to | 15 | | gain access to a firearm belonging to or under the control of | 16 | | that person, and a minor, an at-risk person, or a prohibited | 17 | | person obtains the firearm, the civil penalty shall not exceed | 18 | | $1,000. | 19 | | (3) If a minor, an at-risk person, or a prohibited person | 20 | | obtains a firearm and uses it to injure or cause the death of a | 21 | | person or uses the firearm in connection with a crime, the | 22 | | civil penalty shall not exceed $10,000. | 23 | | (b) The court may order a person who is found in violation | 24 | | of Section 10 to perform community service or pay restitution | 25 | | in lieu of the civil penalties imposed under this Section if |
| | | 10300HB5065ham001 | - 3 - | LRB103 38126 RLC 71580 a |
|
| 1 | | good cause is shown. | 2 | | (c) Nothing in this Section shall be construed to preclude | 3 | | civil liabilities for violations of this Act. | 4 | | (d) A violation of this Act is prima facie evidence of | 5 | | negligence per se in any civil proceeding if a minor, an | 6 | | at-risk person, or a prohibited person obtains a firearm and | 7 | | causes personal injury to the death of oneself or another or | 8 | | uses the firearm in the commission of a crime. | 9 | | (e) An action to collect a civil penalty under this Act may | 10 | | be brought by the Attorney General or the State's Attorney of | 11 | | the county in which the violation occurred. Any money received | 12 | | from the collection of a civil penalty under this Act shall be | 13 | | deposited in the Mental Health Fund. | 14 | | Section 90. The Criminal Code of 2012 is amended by | 15 | | changing Section 24-9 as follows: | 16 | | (720 ILCS 5/24-9) | 17 | | Sec. 24-9. Firearms; Child Protection. | 18 | | (a) Except as provided in subsection (c), it is unlawful | 19 | | for any person to store or leave, within premises under his or | 20 | | her control, a firearm if the person knows or reasonably | 21 | | should know has reason to believe that a minor under the age of | 22 | | 18 14 years who does not have a Firearm Owners Identification | 23 | | Card is likely to gain access to the firearm without the lawful | 24 | | permission of the minor's parent, guardian, or person having |
| | | 10300HB5065ham001 | - 4 - | LRB103 38126 RLC 71580 a |
|
| 1 | | charge of the minor, and the minor causes death or great bodily | 2 | | harm with the firearm, unless the firearm is: | 3 | | (1) secured by a device or mechanism, other than the | 4 | | firearm safety, designed to render a firearm temporarily | 5 | | inoperable; or | 6 | | (2) placed in a securely locked box or container . ; or | 7 | | (3) placed in some other location that a reasonable | 8 | | person would believe to be secure from a minor under the | 9 | | age of 14 years. | 10 | | (b) Sentence. A person who violates this Section is guilty | 11 | | of a Class C misdemeanor and shall be fined not less than | 12 | | $1,000. A second or subsequent violation of this Section is a | 13 | | Class A misdemeanor. | 14 | | (c) Subsection (a) does not apply: | 15 | | (1) if the minor under 18 14 years of age gains access | 16 | | to a firearm and uses it in a lawful act of self-defense or | 17 | | defense of another; or | 18 | | (2) to any firearm obtained by a minor under the age of | 19 | | 14 because of an unlawful entry of the premises by the | 20 | | minor or another person. | 21 | | (d) For the purposes of this Section, "firearm" has the | 22 | | meaning ascribed to it in Section 1.1 of the Firearm Owners | 23 | | Identification Card Act. | 24 | | (Source: P.A. 91-18, eff. 1-1-00.)". |
|