|
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1099 Introduced 2/17/2021, by Rep. Emanuel Chris Welch 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 |
|
|
| | HB1099 | | LRB102 03113 RLC 13126 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 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 |
| 10 | | that such conduct is necessary to
prevent or terminate such |
| 11 | | other's unlawful entry into or attack upon a
dwelling. |
| 12 | | However, he is justified in the use of force which is intended |
| 13 | | or
likely to 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, |
| 17 | | or offer of personal violence to, him or another then in
|
| 18 | | the dwelling, or
|
| 19 | | (2) He reasonably believes that such force is |
| 20 | | necessary to prevent the
commission of a felony in the |
| 21 | | dwelling.
|
| 22 | | (b) In no case shall any act involving the use of force |
| 23 | | justified under this Section give rise to any claim or |