Full Text of SB3711 101st General Assembly
SB3711 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB3711 Introduced 2/14/2020, by Sen. Laura Ellman SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/24-9.1 new | | 720 ILCS 5/24-9 rep. | |
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Amends the Criminal Code of 2012. Provides that it is unlawful for a person to store or keep any firearm that has moved in, or that has otherwise affected, interstate or foreign commerce on the premises of a residence under the control of the person if the person knows, or reasonably should know, that: (1) a minor is likely to gain access to the firearm without the permission of the parent or guardian of the minor; or (2) a resident of the residence is ineligible to possess a firearm under federal, State, or local law. Provides exemptions for safe storage of the firearm. Provides that a person who commits a violation is guilty of a petty offense and shall be fined $500 per violation. Provides that if a person violates this provision and a minor or a resident who is ineligible to possess a firearm under federal, State, or local law obtains the firearm and causes injury or death to the minor, resident, or any other individual, the person is guilty of a Class 2 felony. Provides that any firearm stored in violation of this provision is subject to seizure and forfeiture. Repeals provisions relating to child protection.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | | SB3711 | | LRB101 20203 RLC 69743 b |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. This Act may be referred to as Ethan's Law. | 5 | | Section 5. The Criminal Code of 2012 is amended by adding | 6 | | Section 24-9.1 as follows: | 7 | | (720 ILCS 5/24-9.1 new) | 8 | | Sec. 24-9.1. Secure firearm storage by owners. | 9 | | (a) Except as provided in subsection (b), it is unlawful | 10 | | for a person to store or keep any firearm that has moved in, or | 11 | | that has otherwise affected, interstate or foreign commerce on | 12 | | the premises of a residence under the control of the person if | 13 | | the person knows, or reasonably should know, that: | 14 | | (1) a minor is likely to gain access to the firearm | 15 | | without the permission of the parent or guardian of the | 16 | | minor; or | 17 | | (2) a resident of the residence is ineligible to | 18 | | possess a firearm under federal, State, or local law. | 19 | | (b) This Section does not apply to a person if the person: | 20 | | (1) keeps the firearm: | 21 | | (A) secure using a secure gun storage or safety | 22 | | device; or |
| | | SB3711 | - 2 - | LRB101 20203 RLC 69743 b |
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| 1 | | (B) in a location that a reasonable person would | 2 | | believe to be secure; or | 3 | | (2) carries the firearms on his or her person or within | 4 | | such close proximity thereto that the person can readily | 5 | | retrieve and use the firearm as if the person carried the | 6 | | firearm on his or her person. | 7 | | (c) Any person who violates subsection (a) is guilty of a | 8 | | petty offense and shall be fined $500 per violation.
If a | 9 | | person violates subsection (a) and a minor or a resident who is | 10 | | ineligible to possess a firearm under federal, State, or local | 11 | | law obtains the firearm and causes injury or death to the | 12 | | minor, resident, or any other individual, the person is guilty | 13 | | of a Class 2 felony. | 14 | | (d) Any firearm stored in violation of subsection (a) is | 15 | | subject to seizure and forfeiture.
| 16 | | (720 ILCS 5/24-9 rep.) | 17 | | Section 10. The Criminal Code of 2012 is amended by | 18 | | repealing Section 24-9.
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