Illinois General Assembly - Full Text of Public Act 098-0897
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Public Act 098-0897


 

Public Act 0897 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0897
 
HB4269 EnrolledLRB098 15877 RLC 50922 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 2012 is amended by changing
Section 19-5 as follows:
 
    (720 ILCS 5/19-5)  (from Ch. 38, par. 19-5)
    Sec. 19-5. Criminal fortification of a residence or
building.
    (a) A person commits the offense of criminal fortification
of a residence or building when, with the intent to prevent the
lawful entry of a law enforcement officer or another, he or she
maintains a residence or building in a fortified condition,
knowing that the such residence or building is used for the
unlawful manufacture, storage with intent to deliver or
manufacture, delivery, or trafficking of cannabis, controlled
substances, or methamphetamine as defined in the Cannabis
Control Act, the Illinois Controlled Substances Act, or the
Methamphetamine Control and Community Protection Act.
    (b) "Fortified condition" means preventing or impeding
entry through the use of steel doors, wooden planking,
crossbars, alarm systems, dogs, video surveillance, motion
sensing devices, booby traps, or other similar means. If video
surveillance is the sole component of the fortified condition,
the video surveillance must be with the intent to alert an
occupant to the presence of a law enforcement officer for the
purpose of interfering with the official duties of a law
enforcement officer, allowing removal or destruction of
evidence, or facilitating the infliction of harm to a law
enforcement officer. For the purposes of this Section, "booby
trap" means any device, including but not limited to any
explosive device, designed to cause physical injury or the
destruction of evidence, when triggered by an act of a person
approaching, entering, or moving through a structure.
    (c) Sentence. Criminal fortification of a residence or
building is a Class 3 felony.
    (d) This Section does not apply to the fortification of a
residence or building used in the manufacture of
methamphetamine as described in Sections 10 and 15 of the
Methamphetamine Control and Community Protection Act.
(Source: P.A. 94-556, eff. 9-11-05.)

Effective Date: 1/1/2015