98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4269
 
Introduced , by Rep. Jerry F. Costello, II
 
SYNOPSIS AS INTRODUCED:
 

 



720 ILCS 5/19-5  from Ch. 38, par. 19-5

     Amends the Criminal Code of 2012 concerning criminal fortification of a residence or
building.  Includes in the definition of "fortified condition"  preventing or impeding entry through the
use of video surveillance, motion sensing devices, or booby traps. Defines "booby traps" for purposes of the offense.
  


LRB098 15877 RLC 50922 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
HB4269LRB098 15877 RLC 50922 b


  
1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Criminal Code of 2012 is amended  by changing 
5Section 19-5 as follows:
 



6    (720 ILCS 5/19-5)  (from Ch. 38, par. 19-5)


7    Sec. 19-5. Criminal fortification of a residence or 
8building. 
9    (a) A
person commits the offense of criminal fortification 
10of a residence or
building when, with the intent to prevent the 
11lawful entry of a law
enforcement officer or another, he or she 
12maintains a residence or building in a
fortified condition, 
13knowing that the such residence or building is used for the

14manufacture, storage, delivery, or trafficking of cannabis, 
15controlled
substances, or methamphetamine as defined in the 
16Cannabis Control Act, the Illinois Controlled Substances Act, 
17or the Methamphetamine Control and Community Protection Act.

18    (b) "Fortified condition" means preventing or impeding 
19entry through the
use of steel doors, wooden planking, 
20crossbars, alarm systems, dogs, video surveillance, motion 
21sensing devices, booby traps, or
other similar means. For the 
22purposes of this Section, "booby trap" means any device, 
23including but not limited to any explosive device, designed to 
 
 
HB4269- 2 -LRB098 15877 RLC 50922 b

1cause physical injury when triggered by an act of a person 
2approaching, entering, or moving  through a structure. 

3    (c) Sentence. Criminal fortification of a residence or 
4building is a
Class 3 felony.

5    (d) This Section does not apply to the fortification of a 
6residence or building used in the manufacture of 
7methamphetamine as described in Sections 10 and 15 of the 
8Methamphetamine Control and Community Protection Act.

9(Source: P.A. 94-556, eff. 9-11-05.)