Illinois General Assembly - Full Text of SB2954
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Full Text of SB2954  102nd General Assembly

SB2954 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2954

 

Introduced 10/28/2021, 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 Straw Purchaser Accountability Act.


LRB102 20717 RLC 29596 b

 

 

A BILL FOR

 

SB2954LRB102 20717 RLC 29596 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 firearms);
11    (2) Section 24-3A (gunrunning);
12    (3) Section 24-3B (firearms trafficking);
13    (4) Section 24-3.3 (unlawful sale or delivery of firearms
14on the premises of any school);
15    (5) Section 24-3.4 (unlawful sale of firearms by liquor
16licensee); or
17    (6) subsection (b) or (c) of Section 24-3.5 (unlawful
18purchase of a firearm).
 
19    Section 10. Cause of action. Whenever any person engages
20in gun trafficking or intentionally or negligently delivers or
21causes to be delivered a firearm, firearm ammunition, or a
22laser sight accessory, firearm silencer, or muffler to:

 

 

SB2954- 2 -LRB102 20717 RLC 29596 b

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

 

 

SB2954- 3 -LRB102 20717 RLC 29596 b

1    (5) punitive damages if the conduct of the defendant that
2gave rise to the cause of action was either intentional,
3reckless, or grossly negligent.
 
4    Section 20. Joint and several liability. Persons subject
5to liability under this Act are jointly and severally liable.
 
6    Section 25. Double recovery prohibited. Any person who
7recovers damages under this Act may not recover the same costs
8or damages under any other Act. A person who recovers damages
9under any other Act may not recover for the same costs or
10damages under this Act.
 
11    Section 30. Statute of limitations. Any action based upon
12or arising under this Act shall be commenced within 5 years
13after the date of the alleged violation or within 5 years after
14the date the plaintiff discovers or through the use of
15reasonable diligence should have discovered the alleged
16violation. The limitation periods in this Section do not begin
17to run before the plaintiff attains the age of 18 years; and,
18if at the time the plaintiff attains the age of 18 years he or
19she is under other legal disability, the limitation periods
20under this Section do not begin to run until the removal of the
21disability.
 
22    Section 35. Standard of proof. The standard of proof in

 

 

SB2954- 4 -LRB102 20717 RLC 29596 b

1any action brought under this Act is a preponderance of the
2evidence.
 
3    Section 40. Evidence. Relating to a cause of action under
4this Act, the fact that a plaintiff or other witness has
5testified under oath or given evidence relating to an act that
6may be a violation of any provision of the Criminal Code of
72012 shall not be construed to require the State's Attorney to
8criminally charge any person for the violation.
 
9    Section 45. Stay of proceedings. The State's Attorney of
10the county where the acts giving rise to the cause of action
11occurred may move for a stay of any proceeding brought under
12this Act, including all discovery, pending the completion of
13an investigation or prosecution of a criminal case related to
14the subject matter of a suit brought under this Act.
 
15    Section 97. Severability. The provisions of this Act are
16severable under Section 1.31 of the Statute on Statutes.