HB 36

Abstract

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 SB 44.

Owner of firearm; use of firearm by minor inan unlawful manner or to cause bodily injury; penalties. Createsa Class 1 misdemeanor for an owner of a firearm, as defined in thebill, who (i) allows a minor to possess such firearm or (ii) knowsor 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 suchminor (a) uses such firearm in an unlawful manner; (b) possessessuch firearm within any school zone or within any building or propertydeemed a gun-free zone by a school board; or (c) in the case of anowner of a firearm who allows a minor to possess such firearm, usessuch firearm to intentionally or with gross negligence cause bodilyinjury 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 inclose proximity to a firearm, uses such firearm to cause bodily injuryto himself or another person. The bill elevates the penalty to a Class 5 felony if such owner of a firearm knows or reasonably shouldknow that such minor has been charged with, convicted of, or adjudicated delinquent of a violent juvenile felony or has been the subjectof a school-initiated threat assessment that has classified the riskposed by the minor as moderate, high, or eminent.