Sen. Laura Ellman
Filed: 4/2/2024
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| 1 | AMENDMENT TO SENATE BILL 3527 | ||||||
| 2 | AMENDMENT NO. ______. Amend Senate Bill 3527 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 1. Short title. This Act may be cited as the Safe | ||||||
| 5 | Gun Storage Act.
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| 6 | Section 5. Storage of firearms. A firearm owner shall not | ||||||
| 7 | store or keep any firearm in any premises where the firearm | ||||||
| 8 | owner knows or reasonably should know a minor, an at-risk | ||||||
| 9 | person, or a prohibited person is likely to gain access to the | ||||||
| 10 | firearm unless the firearm is secured in a locked container, | ||||||
| 11 | properly engaged so as to render the firearm inaccessible or | ||||||
| 12 | unusable to any person other than the owner or other lawfully | ||||||
| 13 | authorized user. If the firearm is carried by or under the | ||||||
| 14 | control of the owner or other lawfully authorized user, then | ||||||
| 15 | the firearm is deemed lawfully stored or kept.
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| 1 | Section 10. Penalties; violations. | ||||||
| 2 | (a) In this Act: | ||||||
| 3 | "At-risk person" means a person who has made statements or | ||||||
| 4 | exhibited behavior that indicates to a reasonable person there | ||||||
| 5 | is a likelihood that the person is at risk of attempting | ||||||
| 6 | suicide or causing physical harm to oneself or others. | ||||||
| 7 | "Minor" means a person under 18 years of age. | ||||||
| 8 | "Prohibited person" means a person ineligible under | ||||||
| 9 | federal or State law to possess a firearm. | ||||||
| 10 | (b)(1) Except as otherwise provided in paragraphs (2) and | ||||||
| 11 | (3) of this subsection (b), a violation of Section 5 is subject | ||||||
| 12 | to a civil penalty not to exceed $500. | ||||||
| 13 | (2) If any person knows or reasonably should know that a | ||||||
| 14 | minor, an at-risk person, or a prohibited person is likely to | ||||||
| 15 | gain access to a firearm belonging to or under the control of | ||||||
| 16 | that person, and a minor, an at-risk person, or a prohibited | ||||||
| 17 | person obtains the firearm, the civil penalty shall not exceed | ||||||
| 18 | $1,000. | ||||||
| 19 | (3) If a minor, an at-risk person, or a prohibited person | ||||||
| 20 | obtains a firearm and uses it to injure or cause the death of a | ||||||
| 21 | person or uses the firearm in connection with a crime, the | ||||||
| 22 | civil penalty shall not exceed $10,000. | ||||||
| 23 | (c) The court may order a person who is found in violation | ||||||
| 24 | of Section 5 to perform community service or pay restitution | ||||||
| 25 | in lieu of the civil penalties imposed under this Section if | ||||||
| 26 | good cause is shown. | ||||||
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| 1 | (d) Nothing in this Act shall be construed to preclude | ||||||
| 2 | civil liabilities for violations of this Act. | ||||||
| 3 | (e) A violation of this Act is prima facie evidence of | ||||||
| 4 | negligence per se in any civil proceeding if a minor, an | ||||||
| 5 | at-risk person, or a prohibited person obtains a firearm and | ||||||
| 6 | causes personal injury to the death of oneself or another or | ||||||
| 7 | uses the firearm in the commission of a crime. | ||||||
| 8 | (f) An action to collect a civil penalty under this Act may | ||||||
| 9 | be brought by the Attorney General or the State's Attorney of | ||||||
| 10 | the county in which the violation occurred. Any money received | ||||||
| 11 | from the collection of a civil penalty under this Act shall be | ||||||
| 12 | deposited in the Mental Health Fund.
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| 13 | Section 90. The Criminal Code of 2012 is amended by | ||||||
| 14 | changing Section 24-9 as follows:
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| 15 | (720 ILCS 5/24-9) | ||||||
| 16 | Sec. 24-9. Firearms; Child Protection. | ||||||
| 17 | (a) Except as provided in subsection (c), it is unlawful | ||||||
| 18 | for any person to store or leave, within premises under his or | ||||||
| 19 | her control, a firearm if the person knows or reasonably | ||||||
| 20 | should know has reason to believe that a minor under the age of | ||||||
| 21 | 18 14 years who does not have a Firearm Owners Identification | ||||||
| 22 | Card is likely to gain access to the firearm without the lawful | ||||||
| 23 | permission of the minor's parent, guardian, or person having | ||||||
| 24 | charge of the minor, and the minor causes death or great bodily | ||||||
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