Full Text of SB2954 102nd General Assembly
SB2954 102ND GENERAL ASSEMBLY
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
Introduced 10/28/2021, by Sen. Elgie R. Sims, Jr.
SYNOPSIS AS INTRODUCED:
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 Straw Purchaser Accountability Act.
A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
Purchaser Accountability Act.
In this Act, "gun trafficking"
means a violation or attempted violation of any of the
following Sections or subsections of the Criminal Code of
(1) Section 24-3 (unlawful sale or delivery of firearms);
(2) Section 24-3A (gunrunning);
(3) Section 24-3B (firearms trafficking);
(4) Section 24-3.3 (unlawful sale or delivery of firearms
on the premises of any school);
(5) Section 24-3.4 (unlawful sale of firearms by liquor
(6) subsection (b) or (c) of Section 24-3.5 (unlawful
purchase of a firearm).
Cause of action.
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:
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(1) any person who is not legally authorized to possess
(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.
A prevailing plaintiff shall be
entitled to all relief that would make him or her whole. This
includes, but is not limited to:
(1) declaratory relief;
(2) injunctive relief;
(3) recovery of costs and attorney's fees including, but
not limited to, costs for expert testimony and witness fees;
(4) compensatory damages including, but not limited to:
(A) economic loss, including damage, destruction, or
loss of use of personal property, loss of past of future
earning capacity; and
(B) damages for death, personal injury, and mental and
emotional harm, including medical, rehabilitation, burial
expenses, pain and suffering, and physical impairments;
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(5) punitive damages if the conduct of the defendant that
gave rise to the cause of action was either intentional,
reckless, or grossly negligent.
Joint and several liability.
to liability under this Act are jointly and severally liable.
Double recovery prohibited.
Any person who
recovers damages under this Act may not recover the same costs
or damages under any other Act. A person who recovers damages
under any other Act may not recover for the same costs or
damages under this Act.
Statute of limitations.
Any action based upon
or arising under this Act shall be commenced within 5 years
after the date of the alleged violation or within 5 years after
the date the plaintiff discovers or through the use of
reasonable diligence should have discovered the alleged
violation. The limitation periods in this Section do not begin
to run before the plaintiff attains the age of 18 years; and,
if at the time the plaintiff attains the age of 18 years he or
she is under other legal disability, the limitation periods
under this Section do not begin to run until the removal of the
Standard of proof.
The standard of proof in
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any action brought under this Act is a preponderance of the
Relating to a cause of action under
this Act, the fact that a plaintiff or other witness has
testified under oath or given evidence relating to an act that
may be a violation of any provision of the Criminal Code of
2012 shall not be construed to require the State's Attorney to
criminally charge any person for the violation.
Stay of proceedings.
The State's Attorney of
the county where the acts giving rise to the cause of action
occurred may move for a stay of any proceeding brought under
this Act, including all discovery, pending the completion of
an investigation or prosecution of a criminal case related to
the subject matter of a suit brought under this Act.
The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.