|
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1096 Introduced 2/17/2021, by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED:
| | 720 ILCS 5/3-2 | from Ch. 38, par. 3-2 |
|
Amends the Criminal Code of 2012. Makes a technical change in a Section
concerning an affirmative defense.
|
| |
| | A BILL FOR |
|
|
| | HB1096 | | LRB102 03110 RLC 13123 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 |
| 5 | | changing Section 3-2 as follows:
|
| 6 | | (720 ILCS 5/3-2) (from Ch. 38, par. 3-2)
|
| 7 | | Sec. 3-2. Affirmative defense.
|
| 8 | | (a) "Affirmative defense" means that
that unless the |
| 9 | | State's evidence raises
the issue involving the alleged |
| 10 | | defense, the defendant, to raise the issue,
must present some |
| 11 | | evidence thereon. |
| 12 | | (b) If the issue involved in an affirmative defense, other |
| 13 | | than insanity,
is raised then the
State must sustain the |
| 14 | | burden of proving the defendant guilty beyond a
reasonable |
| 15 | | doubt as to that issue together with all the other elements of
|
| 16 | | the offense. If the affirmative defense of insanity is raised, |
| 17 | | the defendant
bears the burden of proving by clear and |
| 18 | | convincing
evidence his insanity
at the time of the offense.
|
| 19 | | (Source: P.A. 89-404, eff. 8-20-95; 90-593, eff. 6-19-98.)
|