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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB5453
Introduced , by Rep. Michael J. Madigan - Barbara Flynn Currie - Robert S. Molaro SYNOPSIS AS INTRODUCED:
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720 ILCS 5/7-2 |
from Ch. 38, par. 7-2 |
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Amends the Criminal Code of 1961. Makes a technical change in a Section
concerning justification in the use of force
against another person in defense of a dwelling.
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A BILL FOR
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HB5453 |
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LRB095 19339 RLC 45634 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing |
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| Section 7-2 as follows:
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| (720 ILCS 5/7-2) (from Ch. 38, par. 7-2)
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| Sec. 7-2. Use of
force in defense of dwelling.
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| (a) A person is justified in the
the use of force against |
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| another when and to
the extent that he reasonably believes that |
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| such conduct is necessary to
prevent or terminate such other's |
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| unlawful entry into or attack upon a
dwelling. However, he is |
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| justified in the use of force which is intended or
likely to |
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| cause death or great bodily harm only if: |
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| (1) The entry is made or attempted in a violent, |
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| riotous, or tumultuous
manner, and he reasonably believes |
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| that such force is necessary to prevent
an assault upon, or |
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| offer of personal violence to, him or another then in
the |
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| dwelling, or
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| (2) He reasonably believes that such force is necessary |
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| to prevent the
commission of a felony in the dwelling.
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| (b) In no case shall any act involving the use of force |
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| justified under this Section give rise to any claim or |
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| liability brought by or on behalf of any person acting within |