093_SB0045

 
                                     LRB093 02604 RLC 02614 b

 1        AN ACT in relation to firearm liability.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 1.  Short title.  This Act may be  cited  as  the
 5    Firearm Liability Act.

 6        Section 5.  Definitions.  In this Act:
 7        "Firearm"  has  the meaning ascribed to it in Section 1.1
 8    of the Firearm Owners Identification Card Act.
 9        "Firearm transferor" means a person who sells, transfers,
10    or causes the sale  or  transfer  of  a  firearm  to  another
11    person.

12        Section  10.  Firearm  transferor  liability.  If  it was
13    unlawful at the time of the sale or transfer of a firearm (i)
14    for the firearm transferor to make or cause to  be  made  the
15    sale or transfer of the firearm to another person or (ii) for
16    that  other  person  to  purchase,  receive,  or  possess the
17    firearm, then the firearm transferor is strictly liable in  a
18    civil  action  for  any  death, injury, or damage to property
19    proximately caused by the use  of  that  firearm.   Liability
20    under  this  Act  is  in  addition  to any other statutory or
21    common law liability.

22        Section 15.  Persons who may  bring  action  and  recover
23    damages.
24        (a)  A  civil  action  under  this Act may be brought and
25    damages may be recovered by the  person  injured  or  by  the
26    person  whose property was damaged by the use of the firearm.
27    If the person entitled to bring an action and recover damages
28    is a minor, the action may be brought and  damages  recovered
29    on  behalf  of  the  minor  by  the  minor's  parent or legal
 
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 1    guardian or by the guardian of the estate of the  minor.   If
 2    the person entitled to bring an action and recover damages is
 3    a  disabled  person,  the  action  may be brought and damages
 4    recovered by the guardian  of  the  estate  of  the  disabled
 5    person.   If  the  person  entitled  to  bring  an action and
 6    recover damages is deceased, but was not killed by the use of
 7    the firearm, the action may be brought and damages  recovered
 8    by  the  personal  representative of the decedent's estate on
 9    behalf of the estate.
10        (b)  If a person was killed by the use of the firearm, an
11    action may be brought and damages recovered by  the  personal
12    representative  of  the  decedent's  estate,  and,  except as
13    otherwise provided in this Section, the amount  recovered  in
14    the  action  shall  be  for  the  exclusive  benefit  of  the
15    surviving  spouse and next of kin of the deceased person. The
16    amount recovered in the action shall be  distributed  by  the
17    court in which the cause is heard, or by the circuit court in
18    the  case  of an agreed settlement,  to each of the surviving
19    spouse and  next  of  kin  of  the  deceased  person  in  the
20    proportion,  as  determined by the court, that the percentage
21    of dependency of each of  those  persons  upon  the  deceased
22    person  bears  to the sum of the percentages of dependency of
23    all of those persons upon the deceased person.
24        If the deceased person left no surviving spouse  or  next
25    of  kin  entitled to recovery, the damages shall inure to the
26    exclusive benefit of the decedent's estate.

27        Section 20. Recovery of damages.  If the  trier  of  fact
28    finds  by  a preponderance of the evidence that the defendant
29    is strictly liable under this Act, the plaintiff may  recover
30    punitive  damages  in  addition  to all other lawful damages,
31    court costs, and attorney's fees.

32        Section 25. Civil penalty.  If the trier  of  fact  finds
 
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 1    that  the  defendant  is  strictly  liable under this Act and
 2    finds that the defendant sold,  transferred,  or  caused  the
 3    sale  or  transfer  of a firearm in violation of Section 3 of
 4    the Firearm Owners Identification Card Act or  Section  24-3,
 5    24-3.3,  24-3.4,  or  24-3A of the Criminal Code of 1961, the
 6    court, in addition to any other damages, shall assess a civil
 7    penalty  of $10,000  to be paid to the  Department  of  State
 8    Police and deposited into the State Police Services Fund.

 9        Section  30.  Statute  of  limitations.   An action under
10    this Act must be commenced within 5 years after the cause  of
11    action accrued.