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2024 SESSION

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SB 44 Abuse and neglect of children; causing or enabling child to gain possession of a firearm, penalty.

Introduced by: Schuyler T. VanValkenburg | Adam P. Ebbin | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED SENATE:

Abuse and neglect of children; causing or enabling child to gain possession of a firearm; penalty. Creates a Class 5 felony for any parent, guardian, or other person who is 18 years of age or older and is responsible for the care of a child under the age of 18 whose willful act or omission causes or enables that child to gain possession of a firearm (i) after having received notice of a preliminary determination, pursuant to relevant law, that such child poses a threat of violence or physical harm to self or others or (ii) when such parent, guardian, or other person responsible for the care of the child knows or reasonably should know that such child has been charged with, either by warrant or petition, convicted of, or adjudicated delinquent of a violent juvenile felony.

The bill provides that no person shall be subject to arrest or prosecution regarding knowledge of a preliminary threat determination if such person received notice that the threat assessment team concluded that the child does not indicate a threat of violence or physical harm to self or others or that any case or review opened or conducted by that threat assessment team as a result of such preliminary determination has been closed. The bill also provides that no person shall be subject to arrest or prosecution if such person has received notice that any pending charge for a violent juvenile felony has been dismissed or a nolle prosequi has been entered.

The bill provides an affirmative defense to prosecution if the parent, guardian, or other person responsible for the care of a child caused or enabled such child to gain possession of a firearm while in a dwelling because of a reasonable belief that he or such child was in imminent danger of bodily injury. Lastly, the bill provides that the new offense is eligible for the enhanced earned sentence credits. This bill is identical to HB 36.

SUMMARY AS INTRODUCED:

Owner of firearm; use of firearm by minor in an unlawful manner or to cause bodily injury; penalties. Creates a Class 1 misdemeanor for an owner of a firearm, as defined in the bill, who (i) allows a minor to possess such firearm or (ii) knows or reasonably should know that a minor is in close proximity, as defined in the bill, to such firearm as to allow such minor to possess or transport such firearm in violation of law and such minor (a) uses such firearm in an unlawful manner; (b) possesses such firearm within any school zone or within any building or property deemed a gun-free zone by a school board; or (c) in the case of an owner of a firearm who allows a minor to possess such firearm, uses such firearm to intentionally or with gross negligence cause bodily injury to himself or another person or in the case of an owner of a firearm who knows or reasonably should know that a minor is in close proximity to a firearm, uses such firearm to cause bodily injury to himself or another person. The bill elevates the penalty to a Class 5 felony if such owner of a firearm knows or reasonably should know that such minor has been charged with, convicted of, or adjudicated delinquent of a violent juvenile felony or has been the subject of a school-initiated threat assessment that has classified the risk posed by the minor as moderate, high, or eminent.