Full Text of SB3684 96th General Assembly
SB3684sam001 96TH GENERAL ASSEMBLY
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Sen. A. J. Wilhelmi
Filed: 3/1/2010
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09600SB3684sam001 |
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LRB096 20635 RLC 37897 a |
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| AMENDMENT TO SENATE BILL 3684
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| AMENDMENT NO. ______. Amend Senate Bill 3684 by replacing | 3 |
| everything after the enacting clause with the following:
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| "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
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| 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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| 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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| (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
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| 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) |
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| 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.)".
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