SB0048 94TH GENERAL ASSEMBLY

LRB094 04083 RLC 34103 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB0048

Introduced 1/26/2005, by Sen. Ira I. Silverstein

SYNOPSIS AS INTRODUCED:

New Act

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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT in relation to firearm liability.

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

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

Section 5. Definitions. In this Act:

"Firearm" has the meaning ascribed to it in Section 1.1 of the Firearm Owners Identification Card Act.

"Firearm transferor" means a person who sells, transfers, or causes the sale or transfer of a firearm to another person.

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

Section 15. Persons who may bring action and recover damages.

(a) A civil action under this Act may be brought and damages may be recovered by the person injured or by the person whose property was damaged by the use of the firearm. If the person entitled to bring an action and recover damages is a minor, the action may be brought and damages recovered on behalf of the minor by the minor's parent or legal guardian or by the guardian of the estate of the minor. If the person entitled to bring an action and recover damages is a disabled person, the action may be brought and damages recovered by the guardian of the estate of the disabled person. If the person entitled to bring an action and recover damages is deceased, but was not killed by the use of the firearm, the action may be brought and damages recovered by the personal representative of the decedent's estate on behalf of the estate.

(b) If a person was killed by the use of the firearm, an action may be brought and damages recovered by the personal representative of the decedent's estate, and, except as otherwise provided in this Section, the amount recovered in the action shall be for the exclusive benefit of the surviving spouse and next of kin of the deceased person. The amount recovered in the action shall be distributed by the court in which the cause is heard, or by the circuit court in the case of an agreed settlement, to each of the surviving spouse and next of kin of the deceased person in the proportion, as determined by the court, that the percentage of dependency of each of those persons upon the deceased person bears to the sum of the percentages of dependency of all of those persons upon the deceased person.

If the deceased person left no surviving spouse or next of kin entitled to recovery, the damages shall inure to the exclusive benefit of the decedent's estate.

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

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

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