Rep. Jerry F. Costello, II

Filed: 3/21/2014





09800HB4269ham002LRB098 15877 MRW 57291 a


2    AMENDMENT NO. ______. Amend House Bill 4269 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Criminal Code of 2012 is amended by
5changing Section 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



09800HB4269ham002- 2 -LRB098 15877 MRW 57291 a

1Control Act, the Illinois Controlled Substances Act, or the
2Methamphetamine Control and Community Protection Act.
3    (b) "Fortified condition" means preventing or impeding
4entry through the use of steel doors, wooden planking,
5crossbars, alarm systems, dogs, video surveillance, motion
6sensing devices, booby traps, or other similar means. If video
7surveillance is the sole component of the fortified condition,
8the video surveillance must be with the intent to alert an
9occupant to the presence of a law enforcement officer for the
10purpose of interfering with the official duties of a law
11enforcement officer, allowing removal or destruction of
12evidence, or facilitating the infliction of harm to a law
13enforcement officer. For the purposes of this Section, "booby
14trap" means any device, including but not limited to any
15explosive device, designed to cause physical injury or the
16destruction of evidence, when triggered by an act of a person
17approaching, entering, or moving through a structure.
18    (c) Sentence. Criminal fortification of a residence or
19building is a Class 3 felony.
20    (d) This Section does not apply to the fortification of a
21residence or building used in the manufacture of
22methamphetamine as described in Sections 10 and 15 of the
23Methamphetamine Control and Community Protection Act.
24(Source: P.A. 94-556, eff. 9-11-05.)".