|
|
|
|
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1009
Introduced 2/8/2007, by Sen. A. J. Wilhelmi - Emil Jones, Jr. SYNOPSIS AS INTRODUCED:
|
|
720 ILCS 5/7-2 |
from Ch. 38, par. 7-2 |
|
Amends the Criminal Code of 1961. Makes a technical change in a Section
concerning justification in the use of force
against another person in defense of a dwelling.
|
| |
|
|
|
|
A BILL FOR
|
|
|
|
|
SB1009 |
|
LRB095 05878 RLC 25969 b |
|
|
| 1 |
| AN ACT concerning criminal law.
|
| 2 |
| Be it enacted by the People of the State of Illinois, |
| 3 |
| represented in the General Assembly:
|
| 4 |
| Section 5. The Criminal Code of 1961 is amended by changing |
| 5 |
| Section 7-2 as follows:
|
| 6 |
| (720 ILCS 5/7-2) (from Ch. 38, par. 7-2)
|
| 7 |
| Sec. 7-2. Use of
force in defense of dwelling.
|
| 8 |
| (a) A person is justified in the
the use of force against |
| 9 |
| another when and to
the extent that he reasonably believes that |
| 10 |
| such conduct is necessary to
prevent or terminate such other's |
| 11 |
| unlawful entry into or attack upon a
dwelling. However, he is |
| 12 |
| justified in the use of force which is intended or
likely to |
| 13 |
| cause death or great bodily harm only if: |
| 14 |
| (1) The entry is made or attempted in a violent, |
| 15 |
| riotous, or tumultuous
manner, and he reasonably believes |
| 16 |
| that such force is necessary to prevent
an assault upon, or |
| 17 |
| offer of personal violence to, him or another then in
the |
| 18 |
| dwelling, or
|
| 19 |
| (2) He reasonably believes that such force is necessary |
| 20 |
| to prevent the
commission of a felony in the dwelling.
|
| 21 |
| (b) In no case shall any act involving the use of force |
| 22 |
| justified under this Section give rise to any claim or |
| 23 |
| liability brought by or on behalf of any person acting within |