Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1535 Compare Versions

Only one version of the bill is available at this time.

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1535 Introduced 2/4/2025, 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. LRB104 06317 RLC 16352 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1535 Introduced 2/4/2025, by Sen. Elgie R. Sims, Jr. SYNOPSIS AS INTRODUCED: New Act 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. LRB104 06317 RLC 16352 b LRB104 06317 RLC 16352 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1535 Introduced 2/4/2025, by Sen. Elgie R. Sims, Jr. SYNOPSIS AS INTRODUCED:
3	3	New Act New Act
4	4	New Act
5	5	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.
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11	11	1 AN ACT concerning civil law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. Short title. This Act may be cited as the Straw
15	15	5 Purchaser Accountability Act.
16	16	6 Section 5. Definition. In this Act, "gun trafficking"
17	17	7 means a violation or attempted violation of any of the
18	18	8 following Sections or subsections of the Criminal Code of
19	19	9 2012:
20	20	10 (1) Section 24-3 (unlawful sale or delivery of
21	21	11 firearms);
22	22	12 (2) Section 24-3A (gunrunning);
23	23	13 (3) Section 24-3B (firearms trafficking);
24	24	14 (4) Section 24-3.3 (unlawful sale or delivery of
25	25	15 firearms on the premises of any school);
26	26	16 (5) Section 24-3.4 (unlawful sale of firearms by
27	27	17 liquor licensee); or
28	28	18 (6) subsection (b) or (c) of Section 24-3.5 (unlawful
29	29	19 purchase of a firearm).
30	30	20 Section 10. Cause of action. Whenever any person engages
31	31	21 in gun trafficking or intentionally or negligently delivers or
32	32	22 causes to be delivered a firearm, firearm ammunition, or a
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36	36	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1535 Introduced 2/4/2025, by Sen. Elgie R. Sims, Jr. SYNOPSIS AS INTRODUCED:
37	37	New Act New Act
38	38	New Act
39	39	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.
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42	42	A BILL FOR
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48	48	New Act
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67	67	1 laser sight accessory, firearm silencer, or muffler to:
68	68	2 (1) any person who is not legally authorized to
69	69	3 possess that item;
70	70	4 (2) a person who is purchasing the item on behalf of
71	71	5 another person; or
72	72	6 (3) any other person the deliverer knows or has reason
73	73	7 to know will use the item unlawfully;
74	74	8 the deliverer shall thereafter be civilly liable for the
75	75	9 commission of any subsequent tortious conduct that directly or
76	76	10 indirectly involves the use, attempted use, or threatened use
77	77	11 of the item by any person.
78	78	12 Section 15. Relief. A prevailing plaintiff shall be
79	79	13 entitled to all relief that would make him or her whole. This
80	80	14 includes, but is not limited to:
81	81	15 (1) declaratory relief;
82	82	16 (2) injunctive relief;
83	83	17 (3) recovery of costs and attorney's fees including,
84	84	18 but not limited to, costs for expert testimony and witness
85	85	19 fees;
86	86	20 (4) compensatory damages including, but not limited
87	87	21 to:
88	88	22 (A) economic loss, including damage, destruction,
89	89	23 or loss of use of personal property, loss of past of
90	90	24 future earning capacity; and
91	91	25 (B) damages for death, personal injury, and mental
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102	102	1 and emotional harm, including medical, rehabilitation,
103	103	2 burial expenses, pain and suffering, and physical
104	104	3 impairments; and
105	105	4 (5) punitive damages if the conduct of the defendant
106	106	5 that gave rise to the cause of action was either
107	107	6 intentional, reckless, or grossly negligent.
108	108	7 Section 20. Joint and several liability. Persons subject
109	109	8 to liability under this Act are jointly and severally liable.
110	110	9 Section 25. Double recovery prohibited. Any person who
111	111	10 recovers damages under this Act may not recover the same costs
112	112	11 or damages under any other Act. A person who recovers damages
113	113	12 under any other Act may not recover for the same costs or
114	114	13 damages under this Act.
115	115	14 Section 30. Statute of limitations. Any action based upon
116	116	15 or arising under this Act shall be commenced within 5 years
117	117	16 after the date of the alleged violation or within 5 years after
118	118	17 the date the plaintiff discovers or through the use of
119	119	18 reasonable diligence should have discovered the alleged
120	120	19 violation. The limitation periods in this Section do not begin
121	121	20 to run before the plaintiff attains the age of 18 years; and,
122	122	21 if at the time the plaintiff attains the age of 18 years he or
123	123	22 she is under other legal disability, the limitation periods
124	124	23 under this Section do not begin to run until the removal of the
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135	135	1 disability.
136	136	2 Section 35. Standard of proof. The standard of proof in
137	137	3 any action brought under this Act is a preponderance of the
138	138	4 evidence.
139	139	5 Section 40. Evidence. Relating to a cause of action under
140	140	6 this Act, the fact that a plaintiff or other witness has
141	141	7 testified under oath or given evidence relating to an act that
142	142	8 may be a violation of any provision of the Criminal Code of
143	143	9 2012 shall not be construed to require the State's Attorney to
144	144	10 criminally charge any person for the violation.
145	145	11 Section 45. Stay of proceedings. The State's Attorney of
146	146	12 the county where the acts giving rise to the cause of action
147	147	13 occurred may move for a stay of any proceeding brought under
148	148	14 this Act, including all discovery, pending the completion of
149	149	15 an investigation or prosecution of a criminal case related to
150	150	16 the subject matter of a suit brought under this Act.
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