Public Act 096-1113
 
SB3684 EnrolledLRB096 20635 RLC 36347 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 1961 is amended by changing
Sections 12-11 and 19-3 as follows:
 
    (720 ILCS 5/12-11)  (from Ch. 38, par. 12-11)
    Sec. 12-11. Home Invasion.
    (a) A person who is not a peace officer acting in the line
of duty commits home invasion when without authority he or she
knowingly enters the dwelling place of another when he or she
knows or has reason to know that one or more persons is present
or he or she knowingly enters the dwelling place of another and
remains in such dwelling place until he or she knows or has
reason to know that one or more persons is present or who
falsely represents himself or herself, including but not
limited to, falsely representing himself or herself to be a
representative of any unit of government or a construction,
telecommunications, or utility company, for the purpose of
gaining entry to the dwelling place of another when he or she
knows or has reason to know that one or more persons are
present and
        (1) While armed with a dangerous weapon, other than a
    firearm, uses force or threatens the imminent use of force
    upon any person or persons within such dwelling place
    whether or not injury occurs, or
        (2) Intentionally causes any injury, except as
    provided in subsection (a)(5), to any person or persons
    within such dwelling place, or
        (3) While armed with a firearm uses force or threatens
    the imminent use of force upon any person or persons within
    such dwelling place whether or not injury occurs, or
        (4) Uses force or threatens the imminent use of force
    upon any person or persons within such dwelling place
    whether or not injury occurs and during the commission of
    the offense personally discharges a firearm, or
        (5) Personally discharges a firearm that proximately
    causes great bodily harm, permanent disability, permanent
    disfigurement, or death to another person within such
    dwelling place, or
        (6) Commits, against any person or persons within that
    dwelling place, a violation of Section 12-13, 12-14,
    12-14.1, 12-15, or 12-16 of the Criminal Code of 1961.
    (b) It is an affirmative defense to a charge of home
invasion that the accused who knowingly enters the dwelling
place of another and remains in such dwelling place until he or
she knows or has reason to know that one or more persons is
present either immediately leaves such premises or surrenders
to the person or persons lawfully present therein without
either attempting to cause or causing serious bodily injury to
any person present therein.
    (c) Sentence. Home invasion in violation of subsection
(a)(1), (a)(2) or (a)(6) is a Class X felony. A violation of
subsection (a)(3) is a Class X felony for which 15 years shall
be added to the term of imprisonment imposed by the court. A
violation of subsection (a)(4) is a Class X felony for which 20
years shall be added to the term of imprisonment imposed by the
court. A violation of subsection (a)(5) is a Class X felony for
which 25 years or up to a term of natural life shall be added to
the term of imprisonment imposed by the court.
    (d) For purposes of this Section, "dwelling place of
another" includes a dwelling place where the defendant
maintains a tenancy interest but from which the defendant has
been barred by a divorce decree, judgment of dissolution of
marriage, order of protection, or other court order.
(Source: P.A. 90-787, eff. 8-14-98; 91-404, eff. 1-1-00;
91-928, eff. 6-1-01.)
 
    (720 ILCS 5/19-3)  (from Ch. 38, par. 19-3)
    Sec. 19-3. Residential burglary.
    (a) A person commits residential burglary who knowingly and
without authority enters or knowingly and without authority
remains within the dwelling place of another, or any part
thereof, with the intent to commit therein a felony or theft.
This offense includes the offense of burglary as defined in
Section 19-1.
    (a-5) A person commits residential burglary who falsely
represents himself or herself, including but not limited to
falsely representing himself or herself to be a representative
of any unit of government or a construction,
telecommunications, or utility company, for the purpose of
gaining entry to the dwelling place of another, with the intent
to commit therein a felony or theft or to facilitate the
commission therein of a felony or theft by another.
    (b) Sentence. Residential burglary is a Class 1 felony.
(Source: P.A. 91-928, eff. 6-1-01.)