Sen. A. J. Wilhelmi

Filed: 3/1/2010

 

 


 

 


 
09600SB3684sam001 LRB096 20635 RLC 37897 a

1
AMENDMENT TO SENATE BILL 3684

2     AMENDMENT NO. ______. Amend Senate Bill 3684 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Criminal Code of 1961 is amended by
5 changing 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

 

 

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1 representative of any unit of government or a construction,
2 telecommunications, or utility company, for the purpose of
3 gaining entry to the dwelling place of another when he or she
4 knows or has reason to know that one or more persons are
5 present and
6         (1) While armed with a dangerous weapon, other than a
7     firearm, uses force or threatens the imminent use of force
8     upon any person or persons within such dwelling place
9     whether or not injury occurs, or
10         (2) Intentionally causes any injury, except as
11     provided in subsection (a)(5), to any person or persons
12     within such dwelling place, or
13         (3) While armed with a firearm uses force or threatens
14     the imminent use of force upon any person or persons within
15     such dwelling place whether or not injury occurs, or
16         (4) Uses force or threatens the imminent use of force
17     upon any person or persons within such dwelling place
18     whether or not injury occurs and during the commission of
19     the offense personally discharges a firearm, or
20         (5) Personally discharges a firearm that proximately
21     causes great bodily harm, permanent disability, permanent
22     disfigurement, or death to another person within such
23     dwelling place, or
24         (6) Commits, against any person or persons within that
25     dwelling place, a violation of Section 12-13, 12-14,
26     12-14.1, 12-15, or 12-16 of the Criminal Code of 1961.

 

 

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1     (b) It is an affirmative defense to a charge of home
2 invasion that the accused who knowingly enters the dwelling
3 place of another and remains in such dwelling place until he or
4 she knows or has reason to know that one or more persons is
5 present either immediately leaves such premises or surrenders
6 to the person or persons lawfully present therein without
7 either attempting to cause or causing serious bodily injury to
8 any person present therein.
9     (c) Sentence. Home invasion in violation of subsection
10 (a)(1), (a)(2) or (a)(6) is a Class X felony. A violation of
11 subsection (a)(3) is a Class X felony for which 15 years shall
12 be added to the term of imprisonment imposed by the court. A
13 violation of subsection (a)(4) is a Class X felony for which 20
14 years shall be added to the term of imprisonment imposed by the
15 court. A violation of subsection (a)(5) is a Class X felony for
16 which 25 years or up to a term of natural life shall be added to
17 the term of imprisonment imposed by the court.
18     (d) For purposes of this Section, "dwelling place of
19 another" includes a dwelling place where the defendant
20 maintains a tenancy interest but from which the defendant has
21 been barred by a divorce decree, judgment of dissolution of
22 marriage, order of protection, or other court order.
23 (Source: P.A. 90-787, eff. 8-14-98; 91-404, eff. 1-1-00;
24 91-928, eff. 6-1-01.)
 
25     (720 ILCS 5/19-3)  (from Ch. 38, par. 19-3)

 

 

09600SB3684sam001 - 4 - LRB096 20635 RLC 37897 a

1     Sec. 19-3. Residential burglary.
2     (a) A person commits residential burglary who knowingly and
3 without authority enters or knowingly and without authority
4 remains within the dwelling place of another, or any part
5 thereof, with the intent to commit therein a felony or theft.
6 This offense includes the offense of burglary as defined in
7 Section 19-1.
8     (a-5) If a person falsely represents himself or herself,
9 including but not limited to falsely representing himself or
10 herself to be a representative of any unit of government or a
11 construction, telecommunications, or utility company, for the
12 purpose of gaining entry to the dwelling place of another, it
13 creates a rebuttable presumption that the entry was done with
14 the intent to commit therein a felony or theft.
15     (b) Sentence. Residential burglary is a Class 1 felony.
16 (Source: P.A. 91-928, eff. 6-1-01.)".