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Rep. Jerry F. Costello, II
Filed: 3/21/2014
| | 09800HB4269ham002 | | LRB098 15877 MRW 57291 a |
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1 | | AMENDMENT TO HOUSE BILL 4269
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2 | | AMENDMENT NO. ______. Amend House Bill 4269 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Criminal Code of 2012 is amended by |
5 | | changing Section 19-5 as follows:
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6 | | (720 ILCS 5/19-5) (from Ch. 38, par. 19-5)
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7 | | Sec. 19-5. Criminal fortification of a residence or |
8 | | building. |
9 | | (a) A
person commits the offense of criminal fortification |
10 | | of a residence or
building when, with the intent to prevent the |
11 | | lawful entry of a law
enforcement officer or another, he or she |
12 | | maintains a residence or building in a
fortified condition, |
13 | | knowing that the such residence or building is used for the |
14 | | unlawful
manufacture, storage with intent to deliver or |
15 | | manufacture , delivery, or trafficking of cannabis, controlled
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16 | | substances, or methamphetamine as defined in the Cannabis |
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| | 09800HB4269ham002 | - 2 - | LRB098 15877 MRW 57291 a |
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1 | | Control Act, the Illinois Controlled Substances Act, or the |
2 | | Methamphetamine Control and Community Protection Act.
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3 | | (b) "Fortified condition" means preventing or impeding |
4 | | entry through the
use of steel doors, wooden planking, |
5 | | crossbars, alarm systems, dogs, video surveillance, motion |
6 | | sensing devices, booby traps, or
other similar means. If video |
7 | | surveillance is the sole component of the fortified condition, |
8 | | the video surveillance must be with the intent to alert an |
9 | | occupant to the presence of a law enforcement officer for the |
10 | | purpose of interfering with the official duties of a law |
11 | | enforcement officer, allowing removal or destruction of |
12 | | evidence, or facilitating the infliction of harm to a law |
13 | | enforcement officer. For the purposes of this Section, "booby |
14 | | trap" means any device, including but not limited to any |
15 | | explosive device, designed to cause physical injury or the |
16 | | destruction of evidence, when triggered by an act of a person |
17 | | approaching, entering, or moving through a structure.
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18 | | (c) Sentence. Criminal fortification of a residence or |
19 | | building is a
Class 3 felony.
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20 | | (d) This Section does not apply to the fortification of a |
21 | | residence or building used in the manufacture of |
22 | | methamphetamine as described in Sections 10 and 15 of the |
23 | | Methamphetamine Control and Community Protection Act.
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24 | | (Source: P.A. 94-556, eff. 9-11-05.)".
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