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.)