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91_HB1200
LRB9103693RCks
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 2-6 and adding Section 24-1.3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 2-6 and adding Section 24-1.3 as follows:
7 (720 ILCS 5/2-6) (from Ch. 38, par. 2-6)
8 Sec. 2-6. "Dwelling".
9 (a) Except as otherwise provided in subsections
10 subsection (b) and (c) of this Section, "dwelling" means a
11 building or portion thereof, a tent, a vehicle, or other
12 enclosed space that which is used or intended for use as a
13 human habitation, home, or residence.
14 (b) For the purposes of Section 19-3 of this Code,
15 "dwelling" means a house, apartment, mobile home, trailer, or
16 other living quarters in which at the time of the alleged
17 offense the owners or occupants actually reside or in their
18 absence intend within a reasonable period of time to reside.
19 (c) For the purposes of Section 24-1.3 of this Code,
20 "dwelling" means a house, apartment, condominium, mobile
21 home, trailer, or other living quarters or enclosed space
22 that is used for human habitation and in which at the time of
23 the alleged offense, the person alleged to have violated that
24 Section actually resides.
25 (Source: P.A. 84-1289.)
26 (720 ILCS 5/24-1.3 new)
27 Sec. 24-1.3 Safe firearm storage; civil and criminal
28 liability.
29 (a) It is unlawful for a person to leave or store a
30 firearm in his or her dwelling when the person is not present
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1 in the dwelling and that person knows or reasonably should
2 know that a minor under 18 years of age, who is not in the
3 custody and immediate control of his or her parent, guardian,
4 or other person having charge of the minor, may gain access
5 to a firearm in the dwelling, unless the firearm is:
6 (1) secured by a trigger lock, cable lock, or other
7 locking mechanism capable of rendering the firearm
8 unusable when in storage or not in use; or
9 (2) placed in a securely locked box or container;
10 or
11 (3) placed in some other location that a reasonable
12 person would believe to be secure from a minor under 18
13 years of age.
14 (b) If the court in a civil proceeding finds by a
15 preponderance of the evidence that a person has violated
16 subsection (a), that person is civilly liable for injuries
17 and damages resulting from the minor's use of the firearm and
18 any attorney's fees and costs incurred in bringing an action
19 under this subsection (b).
20 (1) The recovery of civil damages under this
21 subsection (b) may not be less than $500 plus attorney's
22 fees and costs for each person entitled to recover
23 damages under this subsection (b).
24 (2) A recovery of civil damages under this
25 subsection (b) does not affect the criminal prosecution
26 for a violation of subsection (a) nor the recovery of
27 damages in any other cause of action in which liability
28 is predicated on a statutory or common law basis. The
29 outcome of a criminal prosecution brought under
30 subsection (a) has no effect on civil liability.
31 (c) This Section does not apply to a firearm obtained by
32 a minor under 18 years of age as a result of an unlawful
33 entry of a dwelling by the minor or other person who obtained
34 the firearm.
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1 (d) Sentence. A violation of subsection (a) is a petty
2 offense for which a fine not exceeding $500 may be imposed.
3 A second or subsequent violation of subsection (a) is a Class
4 A misdemeanor.