103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2537

 

Introduced 3/7/2023, by Sen. Elgie R. Sims, Jr.

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Straw Purchaser Accountability Act. Provides that whenever any person engages in gun trafficking or intentionally or negligently delivers or causes to be delivered a firearm, firearm ammunition, or a laser sight accessory, firearm silencer, or muffler to: (1) any person who is not legally authorized to possess that item; (2) a person who is purchasing the item on behalf of another person; or (3) any other person the deliverer knows or has reason to know will use the item unlawfully; the deliverer shall thereafter be civilly liable for the commission of any subsequent tortious conduct that directly or indirectly involves the use, attempted use, or threatened use of the item by any person. Provides that a prevailing plaintiff shall be entitled to all relief that would make him or her whole. Provides that persons subject to liability under the Act are jointly and severally liable. Provides that any person who recovers damages under the Act may not recover the same costs or damages under any other Act. Provides that a person who recovers damages under any other Act may not recover for the same costs or damages under the Straw Purchaser Accountability Act.


LRB103 31284 RLC 58449 b

 

 

A BILL FOR

 

SB2537LRB103 31284 RLC 58449 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Straw
5Purchaser Accountability Act.
 
6    Section 5. Definition. In this Act, "gun trafficking"
7means a violation or attempted violation of any of the
8following Sections or subsections of the Criminal Code of
92012:
10        (1) Section 24-3 (unlawful sale or delivery of
11    firearms);
12        (2) Section 24-3A (gunrunning);
13        (3) Section 24-3B (firearms trafficking);
14        (4) Section 24-3.3 (unlawful sale or delivery of
15    firearms on the premises of any school);
16        (5) Section 24-3.4 (unlawful sale of firearms by
17    liquor licensee); or
18        (6) subsection (b) or (c) of Section 24-3.5 (unlawful
19    purchase of a firearm).
 
20    Section 10. Cause of action. Whenever any person engages
21in gun trafficking or intentionally or negligently delivers or
22causes to be delivered a firearm, firearm ammunition, or a

 

 

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1laser sight accessory, firearm silencer, or muffler to:
2        (1) any person who is not legally authorized to
3    possess that item;
4        (2) a person who is purchasing the item on behalf of
5    another person; or
6        (3) any other person the deliverer knows or has reason
7    to know will use the item unlawfully;
8the deliverer shall thereafter be civilly liable for the
9commission of any subsequent tortious conduct that directly or
10indirectly involves the use, attempted use, or threatened use
11of the item by any person.
 
12    Section 15. Relief. A prevailing plaintiff shall be
13entitled to all relief that would make him or her whole. This
14includes, but is not limited to:
15        (1) declaratory relief;
16        (2) injunctive relief;
17        (3) recovery of costs and attorney's fees including,
18    but not limited to, costs for expert testimony and witness
19    fees;
20        (4) compensatory damages including, but not limited
21    to:
22            (A) economic loss, including damage, destruction,
23        or loss of use of personal property, loss of past of
24        future earning capacity; and
25            (B) damages for death, personal injury, and mental

 

 

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1        and emotional harm, including medical, rehabilitation,
2        burial expenses, pain and suffering, and physical
3        impairments; and
4        (5) punitive damages if the conduct of the defendant
5    that gave rise to the cause of action was either
6    intentional, reckless, or grossly negligent.
 
7    Section 20. Joint and several liability. Persons subject
8to liability under this Act are jointly and severally liable.
 
9    Section 25. Double recovery prohibited. Any person who
10recovers damages under this Act may not recover the same costs
11or damages under any other Act. A person who recovers damages
12under any other Act may not recover for the same costs or
13damages under this Act.
 
14    Section 30. Statute of limitations. Any action based upon
15or arising under this Act shall be commenced within 5 years
16after the date of the alleged violation or within 5 years after
17the date the plaintiff discovers or through the use of
18reasonable diligence should have discovered the alleged
19violation. The limitation periods in this Section do not begin
20to run before the plaintiff attains the age of 18 years; and,
21if at the time the plaintiff attains the age of 18 years he or
22she is under other legal disability, the limitation periods
23under this Section do not begin to run until the removal of the

 

 

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1disability.
 
2    Section 35. Standard of proof. The standard of proof in
3any action brought under this Act is a preponderance of the
4evidence.
 
5    Section 40. Evidence. Relating to a cause of action under
6this Act, the fact that a plaintiff or other witness has
7testified under oath or given evidence relating to an act that
8may be a violation of any provision of the Criminal Code of
92012 shall not be construed to require the State's Attorney to
10criminally charge any person for the violation.
 
11    Section 45. Stay of proceedings. The State's Attorney of
12the county where the acts giving rise to the cause of action
13occurred may move for a stay of any proceeding brought under
14this Act, including all discovery, pending the completion of
15an investigation or prosecution of a criminal case related to
16the subject matter of a suit brought under this Act.
 
17    Section 97. Severability. The provisions of this Act are
18severable under Section 1.31 of the Statute on Statutes.