SB3684 Enrolled LRB096 20635 RLC 36347 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 1961 is amended by changing
5 Sections 12-11 and 19-3 as follows:
 
6     (720 ILCS 5/12-11)  (from Ch. 38, par. 12-11)
7     Sec. 12-11. Home Invasion.
8     (a) A person who is not a peace officer acting in the line
9 of duty commits home invasion when without authority he or she
10 knowingly enters the dwelling place of another when he or she
11 knows or has reason to know that one or more persons is present
12 or he or she knowingly enters the dwelling place of another and
13 remains in such dwelling place until he or she knows or has
14 reason to know that one or more persons is present or who
15 falsely represents himself or herself, including but not
16 limited to, falsely representing himself or herself to be a
17 representative of any unit of government or a construction,
18 telecommunications, or utility company, for the purpose of
19 gaining entry to the dwelling place of another when he or she
20 knows or has reason to know that one or more persons are
21 present and
22         (1) While armed with a dangerous weapon, other than a
23     firearm, uses force or threatens the imminent use of force

 

 

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1     upon any person or persons within such dwelling place
2     whether or not injury occurs, or
3         (2) Intentionally causes any injury, except as
4     provided in subsection (a)(5), to any person or persons
5     within such dwelling place, or
6         (3) While armed with a firearm uses force or threatens
7     the imminent use of force upon any person or persons within
8     such dwelling place whether or not injury occurs, or
9         (4) Uses force or threatens the imminent use of force
10     upon any person or persons within such dwelling place
11     whether or not injury occurs and during the commission of
12     the offense personally discharges a firearm, or
13         (5) Personally discharges a firearm that proximately
14     causes great bodily harm, permanent disability, permanent
15     disfigurement, or death to another person within such
16     dwelling place, or
17         (6) Commits, against any person or persons within that
18     dwelling place, a violation of Section 12-13, 12-14,
19     12-14.1, 12-15, or 12-16 of the Criminal Code of 1961.
20     (b) It is an affirmative defense to a charge of home
21 invasion that the accused who knowingly enters the dwelling
22 place of another and remains in such dwelling place until he or
23 she knows or has reason to know that one or more persons is
24 present either immediately leaves such premises or surrenders
25 to the person or persons lawfully present therein without
26 either attempting to cause or causing serious bodily injury to

 

 

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1 any person present therein.
2     (c) Sentence. Home invasion in violation of subsection
3 (a)(1), (a)(2) or (a)(6) is a Class X felony. A violation of
4 subsection (a)(3) is a Class X felony for which 15 years shall
5 be added to the term of imprisonment imposed by the court. A
6 violation of subsection (a)(4) is a Class X felony for which 20
7 years shall be added to the term of imprisonment imposed by the
8 court. A violation of subsection (a)(5) is a Class X felony for
9 which 25 years or up to a term of natural life shall be added to
10 the term of imprisonment imposed by the court.
11     (d) For purposes of this Section, "dwelling place of
12 another" includes a dwelling place where the defendant
13 maintains a tenancy interest but from which the defendant has
14 been barred by a divorce decree, judgment of dissolution of
15 marriage, order of protection, or other court order.
16 (Source: P.A. 90-787, eff. 8-14-98; 91-404, eff. 1-1-00;
17 91-928, eff. 6-1-01.)
 
18     (720 ILCS 5/19-3)  (from Ch. 38, par. 19-3)
19     Sec. 19-3. Residential burglary.
20     (a) A person commits residential burglary who knowingly and
21 without authority enters or knowingly and without authority
22 remains within the dwelling place of another, or any part
23 thereof, with the intent to commit therein a felony or theft.
24 This offense includes the offense of burglary as defined in
25 Section 19-1.

 

 

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1     (a-5) A person commits residential burglary who falsely
2 represents himself or herself, including but not limited to
3 falsely representing himself or herself to be a representative
4 of any unit of government or a construction,
5 telecommunications, or utility company, for the purpose of
6 gaining entry to the dwelling place of another, with the intent
7 to commit therein a felony or theft or to facilitate the
8 commission therein of a felony or theft by another.
9     (b) Sentence. Residential burglary is a Class 1 felony.
10 (Source: P.A. 91-928, eff. 6-1-01.)