HB0731 95TH GENERAL ASSEMBLY

LRB095 07926 RLC 28088 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0731

Introduced 2/7/2007, by Rep. Deborah L. Graham

SYNOPSIS AS INTRODUCED:

720 ILCS 5/24-9

Amends the Criminal Code of 1961. Provides that it is unlawful for any person to store or leave, within premises under his or her control, a firearm if the person knows or has reason to believe that a minor under the age of 18 (rather than 14) years who does not have a Firearm Owners Identification Card or who is not serving in the military is likely to gain access to the firearm without the lawful permission of the minor's parent, guardian, or person having charge of the minor unless the firearm is secured. Eliminates the provision that the person who stores or leaves the firearm is criminally liable only if the minor causes death or great bodily harm with the firearm. Provides that if the minor causes death or great bodily harm with the unlawfully stored firearm, the penalty is a Class A misdemeanor (rather than a Class C misdemeanor). Eliminates the provision that the firearm may be placed in some location that a reasonable person would believe would be secure from a minor.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

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

Section 5. The Criminal Code of 1961 is amended by changing Section 24-9 as follows:

(720 ILCS 5/24-9)

Sec. 24-9. Firearms; minor protection Child Protection.

(a) Except as provided in subsection (c), it is unlawful for any person to store or leave, within premises under his or her control, a firearm if the person knows or has reason to believe that a minor under the age of 18 14 years who does not have a Firearm Owners Identification Card or who is not serving in the military is likely to gain access to the firearm without the lawful permission of the minor's parent, guardian, or person having charge of the minor, and the minor causes death or great bodily harm with the firearm, unless the firearm is:

(1) secured by a device or mechanism, other than the firearm safety, designed to render a firearm temporarily inoperable; or

(2) placed in a securely locked box or container; or

(3) (blank) placed in some other location that a reasonable person would believe to be secure from a minor under the age of 14 years.

(b) Sentence.

(1) Except as otherwise provided in paragraph (2) of this subsection (b), a A person who violates this Section is guilty of a Class C misdemeanor and shall be fined not less than $1,000. A second or subsequent violation of this Section is a Class A misdemeanor.

(2) Except as provided in subsection (c), a person who violates subsection (a) is guilty of a Class A misdemeanor if a minor under the age of 18 causes death or great bodily harm with the firearm stored or left in violation of this Section.

(c) Paragraph (2) of subsection (b) Subsection (a) does not apply:

(1) if the minor under 18 14 years of age gains access to a firearm and uses it in a lawful act of self-defense or defense of another; or

(2) to any firearm obtained by a minor under the age of 18 14 because of an unlawful entry of the premises by the minor or another person.

(d) For the purposes of this Section, "firearm" has the meaning ascribed to it in Section 1.1 of the Firearm Owners Identification Card Act.

(Source: P.A. 91-18, eff. 1-1-00.)