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90_SB1506sam001
LRB9008746RCpkam
1 AMENDMENT TO SENATE BILL 1506
2 AMENDMENT NO. . Amend Senate Bill 1506 on page 1, by
3 replacing line 1 with the following:
4 "AN ACT relating to criminal law,"; and
5 on page 1, line 5, by inserting "changing Section 12-11 and"
6 after "by"; and
7 on page 1, by inserting between lines 6 and 7 the following:
8 "(720 ILCS 5/12-11) (from Ch. 38, par. 12-11)
9 Sec. 12-11. Home Invasion.
10 (a) A person who is not a peace officer acting in the
11 line of duty commits home invasion when without authority he
12 or she knowingly enters the dwelling place of another when he
13 or she knows or has reason to know that one or more persons
14 is present or he or she knowingly enters the dwelling place
15 of another and remains in such dwelling place until he or she
16 knows or has reason to know that one or more persons is
17 present and
18 (1) While armed with a dangerous weapon uses force or
19 threatens the imminent use of force upon any person or
20 persons within such dwelling place whether or not injury
21 occurs, or
22 (2) Intentionally causes any injury to any person or
-2- LRB9008746RCpkam
1 persons within such dwelling place.
2 (b) It is an affirmative defense to a charge of home
3 invasion that the accused who knowingly enters the dwelling
4 place of another and remains in such dwelling place until he
5 or she knows or has reason to know that one or more persons
6 is present either immediately leaves such premises or
7 surrenders to the person or persons lawfully present therein
8 without either attempting to cause or causing serious bodily
9 injury to any person present therein.
10 (c) Sentence. Home invasion is a Class X felony.
11 (d) For purposes of this Section, "dwelling place of
12 another" includes a dwelling place where the defendant
13 maintains a tenancy interest but from which the defendant has
14 been barred by a divorce decree, judgment of dissolution of
15 marriage, order of protection, or other court order.
16 (Source: P.A. 85-1387; 85-1433; 86-820.)".
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