Sen. A. J. Wilhelmi
Filed: 3/1/2010
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 3684 




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    AMENDMENT NO. ______. Amend Senate Bill 3684 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Criminal Code of 1961 is amended  by 
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changing Sections 12-11 and 19-3 as follows:
 
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    (720 ILCS 5/12-11)  (from Ch. 38, par. 12-11)
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    Sec. 12-11. Home Invasion. 
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    (a) A person who is not a peace officer acting
in the line 
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of duty commits home invasion when
without authority he or she 
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knowingly enters the dwelling place of another when
he or she 
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knows or has reason to know that one or more persons is present

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or he or she knowingly enters the dwelling place of another and 
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remains
in such dwelling place until he or she knows or has 
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reason to know that one
or more persons is present or who 
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falsely represents himself or herself, including but not 
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limited to, falsely representing himself or herself to be a 
 


 






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representative of any unit of government or a construction, 
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telecommunications, or utility company, for the purpose of 
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gaining entry to the dwelling place of another when he or she 
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knows or has reason to know that one or more persons are 
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present and
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        (1) While armed with a dangerous weapon, other than a 
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    firearm, uses
force or threatens the
imminent
use of force 
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    upon any person or persons within such dwelling place 
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    whether
or not injury occurs, or
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        (2) Intentionally causes any injury, except as 
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    provided in subsection
(a)(5), to any person or persons 
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    within such dwelling place, or
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        (3) While armed with a firearm uses force or threatens 
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    the imminent use of
force upon any person or persons within 
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    such dwelling place whether or not
injury occurs, or
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        (4) Uses force or threatens the imminent use of force 
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    upon any person or
persons within such dwelling place 
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    whether or not injury occurs and during the
commission of 
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    the offense personally discharges a firearm, or
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        (5) Personally discharges a firearm that proximately 
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    causes great bodily
harm, permanent disability, permanent 
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    disfigurement, or death to another
person within such 
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    dwelling place, or
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        (6) Commits, against any person or persons within that 
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    dwelling place, a
violation of Section 12-13, 12-14, 
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    12-14.1, 12-15, or 12-16 of the Criminal
Code of 1961.
 


 






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    (b) It is an affirmative defense to a charge of home 
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invasion that
the accused who knowingly enters the dwelling 
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place of another and remains
in such dwelling place until he or 
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she knows or has reason to know that one
or more persons is 
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present either immediately leaves such premises or
surrenders 
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to the person or persons lawfully present therein without 
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either
attempting to cause or causing serious bodily injury to 
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any person present
therein.
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    (c) Sentence.  Home invasion in violation of subsection 
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(a)(1),
(a)(2) or (a)(6) is a Class X felony.
A violation of 
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subsection (a)(3) is a Class X felony for
which 15 years  shall 
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be added to the term of imprisonment imposed by the
court. A 
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violation of subsection (a)(4) is a Class X felony for which 20 
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years
shall be added to the term of imprisonment imposed by the 
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court. A violation of
subsection (a)(5) is a Class X felony for 
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which 25 years or up to a term of
natural life shall be added to 
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the term of imprisonment imposed by the court.
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    (d) For purposes of this Section, "dwelling place of 
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another" includes
a dwelling place where the defendant

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maintains a tenancy interest but from which the defendant has 
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been barred by a
divorce decree, judgment of dissolution of 
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marriage, order of protection, or
other court order.
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(Source: P.A. 90-787, eff. 8-14-98; 91-404, eff. 1-1-00; 
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91-928, eff. 6-1-01.)
 
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    (720 ILCS 5/19-3)  (from Ch. 38, par. 19-3)
 


 






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    Sec. 19-3. Residential burglary. 
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    (a) A person commits
residential burglary who knowingly and 
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without authority enters or knowingly
and without authority 
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remains within the
dwelling place of another, or any part 
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thereof, with the intent to commit
therein a felony or theft.  
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This offense includes the offense of
burglary as defined in 
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Section 19-1.
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    (a-5) If a person falsely represents himself or herself, 
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including but not limited to falsely representing himself or 
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herself to be a representative of any unit of government or a 
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construction, telecommunications, or utility company, for the 
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purpose of gaining entry to the dwelling place of another, it 
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creates a rebuttable presumption that the entry was done with 
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the intent to commit therein a felony or theft. 
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    (b) Sentence.  Residential burglary is a Class 1 felony.
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(Source: P.A. 91-928, eff. 6-1-01.)".