HB5058 101ST GENERAL ASSEMBLY

LRB101 16592 RLC 65976 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5058

Introduced 2/18/2020, by Rep. Brad Halbrook

SYNOPSIS AS INTRODUCED:

720 ILCS 5/7-1	from Ch. 38, par. 7-1
720 ILCS 5/7-2	from Ch. 38, par. 7-2
720 ILCS 5/7-3	from Ch. 38, par. 7-3
720 ILCS 5/7-14	from Ch. 38, par. 7-14

Amends the Criminal Code of 2012. Provides that a person who is justified in the use of force, including deadly force, does not have a duty to retreat. Provides that a person who is justified in the use of force, including the use of force that is intended or likely to cause death or great bodily harm, is immune from criminal prosecution and civil action for the use of force justified under these provisions (rather than have an affirmative defense to a criminal prosecution). Defines "criminal prosecution" to include charging or prosecuting the defendant.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 2012 is amended by changing Sections 7-1, 7-2, 7-3, and 7-14 as follows:

(720 ILCS 5/7-1) (from Ch. 38, par. 7-1)

Sec. 7-1. Use of force in defense of person.

(a) A person is justified in the use of force against another and does not have a duty to retreat when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other's imminent use of unlawful force. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or another, or the commission of a forcible felony and does not have a duty to retreat.

(b) In no case shall any act involving the use of force justified under this Section give rise to any claim or liability brought by or on behalf of any person acting within the definition of "aggressor" set forth in Section 7-4 of this Article, or the estate, spouse, or other family member of such a person, against the person or estate of the person using such justified force, unless the use of force involves willful or wanton misconduct.

(c) A person who is justified in the use of force, including the use of force that is intended or likely to cause death or great bodily harm, is immune from criminal prosecution and civil action for the use of force justified under subsection (a) of this Section. As used in this subsection (c), "criminal prosecution" includes charging or prosecuting the defendant.

(Source: P.A. 93-832, eff. 7-28-04.)

(720 ILCS 5/7-2) (from Ch. 38, par. 7-2)

Sec. 7-2. Use of force in defense of dwelling.

(a) A person is justified in the use of force against another and does not have a duty to retreat when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other's unlawful entry into or attack upon a dwelling. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if:

(1) The entry is made or attempted in a violent, riotous, or tumultuous manner, and he reasonably believes that such force is necessary to prevent an assault upon, or offer of personal violence to, him or another then in the dwelling, or

(2) He reasonably believes that such force is necessary to prevent the commission of a felony in the dwelling.

(b) In no case shall any act involving the use of force justified under this Section give rise to any claim or liability brought by or on behalf of any person acting within the definition of "aggressor" set forth in Section 7-4 of this Article, or the estate, spouse, or other family member of such a person, against the person or estate of the person using such justified force, unless the use of force involves willful or wanton misconduct.

(c) A person who is justified in the use of force, including the use of force that is intended or likely to cause death or great bodily harm, is immune from criminal prosecution and civil action for the use of force justified under subsection (a) of this Section. As used in this subsection (c), "criminal prosecution" includes charging or prosecuting the defendant.

(Source: P.A. 93-832, eff. 7-28-04.)

(720 ILCS 5/7-3) (from Ch. 38, par. 7-3)

Sec. 7-3. Use of force in defense of other property.

(a) A person is justified in the use of force against another and does not have a duty to retreat when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other's trespass on or other tortious or criminal interference with either real property (other than a dwelling) or personal property, lawfully in his possession or in the possession of another who is a member of his immediate family or household or of a person whose property he has a legal duty to protect. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent the commission of a forcible felony.

(b) In no case shall any act involving the use of force justified under this Section give rise to any claim or liability brought by or on behalf of any person acting within the definition of "aggressor" set forth in Section 7-4 of this Article, or the estate, spouse, or other family member of such a person, against the person or estate of the person using such justified force, unless the use of force involves willful or wanton misconduct.

(c) A person who is justified in the use of force, including the use of force that is intended or likely to cause death or great bodily harm, is immune from criminal prosecution and civil action for the use of force justified under subsection (a) of this Section. As used in this subsection (c), "criminal prosecution" includes charging or prosecuting the defendant.

(Source: P.A. 93-832, eff. 7-28-04.)

(720 ILCS 5/7-14) (from Ch. 38, par. 7-14)

Sec. 7-14. Affirmative defense. Except as otherwise provided in Sections 7-1, 7-2, and 7-3 of this Article, a A defense of justifiable use of force, or of exoneration, based on the provisions of this Article is an affirmative defense.

(Source: Laws 1961, p. 1983.)