|
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB1464 Introduced , by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED:
| | 720 ILCS 5/7-2 | from Ch. 38, par. 7-2 |
|
Amends the Criminal Code of 2012. Makes a technical change in a Section
concerning justification in the use of force
against another person in defense of a dwelling.
|
| |
| | A BILL FOR |
|
|
| | HB1464 | | LRB100 03288 RLC 13293 b |
|
|
| 1 | | AN ACT concerning criminal law.
|
| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
|
| 4 | | Section 5. The Criminal Code of 2012 is amended by changing |
| 5 | | Section 7-2 as follows:
|
| 6 | | (720 ILCS 5/7-2) (from Ch. 38, par. 7-2)
|
| 7 | | Sec. 7-2. Use of
force in defense of dwelling.
|
| 8 | | (a) A person is justified in the
the use of force against |
| 9 | | another when and to
the extent that he reasonably believes that |
| 10 | | such conduct is necessary to
prevent or terminate such other's |
| 11 | | unlawful entry into or attack upon a
dwelling. However, he is |
| 12 | | justified in the use of force which is intended or
likely to |
| 13 | | cause death or great bodily harm only if: |
| 14 | | (1) The entry is made or attempted in a violent, |
| 15 | | riotous, or tumultuous
manner, and he reasonably believes |
| 16 | | that such force is necessary to prevent
an assault upon, or |
| 17 | | offer of personal violence to, him or another then in
the |
| 18 | | dwelling, or
|
| 19 | | (2) He reasonably believes that such force is necessary |
| 20 | | to prevent the
commission of a felony in the dwelling.
|
| 21 | | (b) In no case shall any act involving the use of force |
| 22 | | justified under this Section give rise to any claim or |
| 23 | | liability brought by or on behalf of any person acting within |