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.)