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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB0085
Introduced 1/30/2009, by Sen. Ira I. Silverstein SYNOPSIS AS INTRODUCED: |
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Creates the Firearm Liability Act. Provides that a firearm transferor is
strictly
liable in a civil action for death, injury, or property damage resulting from
the use of a
firearm that
was unlawfully sold, transferred, or caused to be sold or transferred.
Provides that the plaintiff may recover punitive damages in addition to all
other lawful damages, court
costs, and attorney's fees. Provides that a defendant found strictly liable
under this Act must pay $10,000 in a civil penalty to the Department of State
Police if the defendant sold, transferred, or caused to be sold or transferred
a
firearm in violation of certain provisions of the Firearm Owners Identification
Card Act or the Criminal Code of 1961. Provides that an action under this Act
must be commenced within 5 years after the cause of action accrued.
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A BILL FOR
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SB0085 |
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LRB096 04788 RLC 14852 b |
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| AN ACT in relation to firearm liability.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the |
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| Firearm
Liability Act.
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| Section 5. Definitions. In this Act:
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| "Firearm" has the meaning ascribed to it in Section 1.1 of |
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| the Firearm Owners
Identification Card Act.
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| "Firearm transferor" means a person who sells, transfers, |
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| or causes the sale
or transfer of a firearm to another person.
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| Section 10. Firearm transferor liability.
If it was |
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| unlawful at the time of the sale or transfer of a firearm (i) |
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| for the
firearm transferor to make or cause to be made the sale |
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| or transfer of the
firearm to another person or (ii) for that |
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| other person to purchase, receive,
or possess the firearm, then |
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| the firearm transferor is strictly liable in a
civil action for |
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| any death, injury, or damage to property proximately caused by
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| the use of that firearm. Liability under this Act is in |
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| addition to any other
statutory or common law liability.
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| Section 15. Persons who may bring action and recover |
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| damages.
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SB0085 |
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LRB096 04788 RLC 14852 b |
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| (a) A civil action under this
Act
may be brought and |
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| damages may be recovered by the person injured or by the
person |
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| whose property was
damaged by
the use of the firearm.
If the |
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| person entitled to
bring an action and recover damages is a |
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| minor, the action may
be
brought and damages recovered on |
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| behalf of the minor by the minor's parent or
legal guardian or |
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| by the guardian of the estate of the minor. If the person
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| entitled to
bring an action and recover damages is a disabled |
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| person, the
action may be brought and damages recovered by the |
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| guardian of the estate of
the disabled person. If the person |
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| entitled to bring an action and recover
damages is deceased, |
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| but was not killed by the use of the firearm, the
action may be |
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| brought and damages recovered by the personal representative of
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| the decedent's estate on behalf of the estate.
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| (b) If a person was killed by the use of the firearm, an |
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| action may be
brought and damages recovered by
the personal |
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| representative of the decedent's estate, and, except
as
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| otherwise provided in this Section, the amount recovered in the |
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| action shall be
for the
exclusive benefit of the surviving |
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| spouse and next of kin of the deceased
person.
The amount |
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| recovered in the action shall be distributed by the court in |
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| which
the
cause is heard, or by the circuit court in the case |
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| of an agreed settlement,
to each of the
surviving spouse and |
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| next of kin of the deceased person in the proportion, as
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| determined
by the court, that the percentage of dependency of |
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| each of those persons upon
the
deceased
person bears to the sum |
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SB0085 |
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LRB096 04788 RLC 14852 b |
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| of the percentages of dependency of all of those
persons upon |
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| the
deceased person.
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| If the deceased person left no surviving spouse or next of |
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| kin entitled to
recovery,
the damages shall inure to the |
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| exclusive
benefit of
the decedent's estate.
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| Section 20. Recovery of damages. If the trier of fact |
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| finds by a
preponderance of the
evidence that the defendant is |
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| strictly liable under this Act, the plaintiff
may recover
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| punitive damages in addition to all other lawful damages, court |
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| costs, and
attorney's fees.
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| Section 25. Civil penalty. If the trier of fact finds that |
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| the defendant is
strictly liable
under this Act and finds that |
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| the defendant sold, transferred, or caused
the sale or transfer |
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| of a
firearm in violation of Section 3 of the Firearm Owners |
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| Identification Card Act
or
Section 24-3, 24-3.3, 24-3.4, or |
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| 24-3A of the Criminal Code of 1961, the court,
in
addition to |
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| any other damages, shall assess a civil penalty of $10,000 to |
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| be
paid to the
Department of State Police and deposited into |
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| the State Police Services Fund.
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| Section 30. Statute of limitations. An action under this |
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| Act must be
commenced
within 5 years after the cause of action |
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| accrued.
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