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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5424
Introduced 02/06/04, by Michael J. Madigan SYNOPSIS AS INTRODUCED:
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720 ILCS 5/7-2 |
from Ch. 38, par. 7-2 |
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Amends the Criminal Code of 1961. Makes a technical change in a Section
relating to justification in the use of force
against another person in defense of a dwelling.
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A BILL FOR
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HB5424 |
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LRB093 17132 RLC 42798 b |
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| AN ACT in relation to 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 |
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| Section 7-2 as
follows:
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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.
A person is |
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| justified in the use of force against another when and to
the |
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| extent that he reasonably believes that the
such conduct is
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| necessary to
prevent or terminate such other's unlawful entry |
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| into or attack upon a
dwelling. However, he is justified in the |
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| use of force which is intended or
likely to cause death or |
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| great bodily harm only if:
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| (a) The entry is made or attempted in a violent, riotous, |
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| or tumultuous
manner, and he reasonably believes that such |
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| force is necessary to prevent
an assault upon, or offer of |
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| personal violence to, him or another then in
the dwelling, or
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| (b) He reasonably believes that such force is necessary to |
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| prevent the
commission of a felony in the dwelling.
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| (Source: Laws 1967, p. 696.)
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