HB4269 EngrossedLRB098 15877 RLC 50922 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 19-5 as follows:
6    (720 ILCS 5/19-5)  (from Ch. 38, par. 19-5)
7    Sec. 19-5. Criminal fortification of a residence or
9    (a) A person commits the offense of criminal fortification
10of a residence or building when, with the intent to prevent the
11lawful entry of a law enforcement officer or another, he or she
12maintains a residence or building in a fortified condition,
13knowing that the such residence or building is used for the
14unlawful manufacture, storage with intent to deliver or
15manufacture, delivery, or trafficking of cannabis, controlled
16substances, or methamphetamine as defined in the Cannabis
17Control Act, the Illinois Controlled Substances Act, or the
18Methamphetamine Control and Community Protection Act.
19    (b) "Fortified condition" means preventing or impeding
20entry through the use of steel doors, wooden planking,
21crossbars, alarm systems, dogs, video surveillance, motion
22sensing devices, booby traps, or other similar means. If video
23surveillance is the sole component of the fortified condition,



HB4269 Engrossed- 2 -LRB098 15877 RLC 50922 b

1the video surveillance must be with the intent to alert an
2occupant to the presence of a law enforcement officer for the
3purpose of interfering with the official duties of a law
4enforcement officer, allowing removal or destruction of
5evidence, or facilitating the infliction of harm to a law
6enforcement officer. For the purposes of this Section, "booby
7trap" means any device, including but not limited to any
8explosive device, designed to cause physical injury or the
9destruction of evidence, when triggered by an act of a person
10approaching, entering, or moving through a structure.
11    (c) Sentence. Criminal fortification of a residence or
12building is a Class 3 felony.
13    (d) This Section does not apply to the fortification of a
14residence or building used in the manufacture of
15methamphetamine as described in Sections 10 and 15 of the
16Methamphetamine Control and Community Protection Act.
17(Source: P.A. 94-556, eff. 9-11-05.)