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| Public Act 093-0832 |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by changing | ||||
Sections 7-1, 7-2, and 7-3 as follows:
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(720 ILCS 5/7-1) (from Ch. 38, par. 7-1)
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Sec. 7-1. Use of
force in defense of person.
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(a) A person is justified in the use of force against | ||||
another when and to
the extent that he reasonably believes that | ||||
such conduct is necessary to
defend himself or another against | ||||
such other's imminent use of unlawful
force. However, he is | ||||
justified in the use of force which is intended or
likely to | ||||
cause death or great bodily harm only if he reasonably believes
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that such force is necessary to prevent imminent death or great | ||||
bodily harm
to himself or another, or the commission of a | ||||
forcible felony. | ||||
(b) In no case shall any act involving the use of force | ||||
justified under this Section give rise to any claim or | ||||
liability brought by or on behalf of any person acting within | ||||
the definition of "aggressor" set forth in Section 7-4 of this | ||||
Article, or the estate, spouse, or other family member of such | ||||
a person, against the person or estate of the person using such | ||||
justified force, unless the use of force involves willful or | ||||
wanton misconduct.
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(Source: Laws 1961, p. 1983.)
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(720 ILCS 5/7-2) (from Ch. 38, par. 7-2)
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Sec. 7-2. Use of
force in defense of dwelling.
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(a) A person is justified in the use of force against | ||||
another when and to
the extent that he reasonably believes that | ||||
such conduct is necessary to
prevent or terminate such other's | ||||
unlawful entry into or attack upon a
dwelling. However, he is | ||||
justified in the use of force which is intended or
likely to | ||
cause death or great bodily harm only if:
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(1)
(a) The entry is made or attempted in a violent, | ||
riotous, or tumultuous
manner, and he reasonably believes | ||
that such force is necessary to prevent
an assault upon, or | ||
offer of personal violence to, him or another then in
the | ||
dwelling, or
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(2)
(b) He reasonably believes that such force is | ||
necessary to prevent the
commission of a felony in the | ||
dwelling.
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(b) In no case shall any act involving the use of force | ||
justified under this Section give rise to any claim or | ||
liability brought by or on behalf of any person acting within | ||
the definition of "aggressor" set forth in Section 7-4 of this | ||
Article, or the estate, spouse, or other family member of such | ||
a person, against the person or estate of the person using such | ||
justified force, unless the use of force involves willful or | ||
wanton misconduct.
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(Source: Laws 1967, p. 696.)
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(720 ILCS 5/7-3) (from Ch. 38, par. 7-3)
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Sec. 7-3. Use of
force in defense of other property.
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(a) A person is justified in the use of force against | ||
another when and to
the extent that he reasonably believes that | ||
such conduct is necessary to
prevent or terminate such other's | ||
trespass on or other tortious or criminal
interference with | ||
either real property (other than a dwelling) or personal
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property, lawfully in his possession or in the possession of | ||
another who is
a member of his immediate family or household or | ||
of a person whose property
he has a legal duty to protect. | ||
However, he is justified in the use of
force which is intended | ||
or likely to cause death or great bodily harm only
if he | ||
reasonably believes that such force is necessary to prevent the
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commission of a forcible felony. | ||
(b) In no case shall any act involving the use of force | ||
justified under this Section give rise to any claim or | ||
liability brought by or on behalf of any person acting within | ||
the definition of "aggressor" set forth in Section 7-4 of this | ||
Article, or the estate, spouse, or other family member of such | ||
a person, against the person or estate of the person using such | ||
justified force, unless the use of force involves willful or | ||
wanton misconduct.
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(Source: Laws 1961, p. 1983.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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