Illinois General Assembly - Full Text of HB1974
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Full Text of HB1974  96th General Assembly

HB1974 96TH GENERAL ASSEMBLY


 


 
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB1974

 

Introduced 2/18/2009, by Rep. Michael J. Madigan - Barbara Flynn Currie - Constance A. Howard

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/7-2   from Ch. 38, par. 7-2

    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.


LRB096 05333 RLC 15399 b

 

 

A BILL FOR

 

HB1974 LRB096 05333 RLC 15399 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 Section 7-2 as follows:
 
6     (720 ILCS 5/7-2)  (from Ch. 38, par. 7-2)
7     Sec. 7-2. Use of force in defense of dwelling.
8     (a) A person is justified in the the use of force against
9 another when and to the extent that he reasonably believes that
10 such conduct is necessary to prevent or terminate such other's
11 unlawful entry into or attack upon a dwelling. However, he is
12 justified in the use of force which is intended or likely to
13 cause death or great bodily harm only if:
14         (1) The entry is made or attempted in a violent,
15     riotous, or tumultuous manner, and he reasonably believes
16     that such force is necessary to prevent an assault upon, or
17     offer of personal violence to, him or another then in the
18     dwelling, or
19         (2) He reasonably believes that such force is necessary
20     to prevent the commission of a felony in the dwelling.
21     (b) In no case shall any act involving the use of force
22 justified under this Section give rise to any claim or
23 liability brought by or on behalf of any person acting within

 

 

HB1974 - 2 - LRB096 05333 RLC 15399 b

1 the definition of "aggressor" set forth in Section 7-4 of this
2 Article, or the estate, spouse, or other family member of such
3 a person, against the person or estate of the person using such
4 justified force, unless the use of force involves willful or
5 wanton misconduct.
6 (Source: P.A. 93-832, eff. 7-28-04.)