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

 




 

 		












09600SB3684sam002

LRB096 20635 RLC 38150 a






1

AMENDMENT TO SENATE BILL 3684




2
    AMENDMENT NO. ______. Amend Senate Bill 3684 by replacing 
3
everything after the enacting clause with the following:

 
4
    "Section 5. The Criminal Code of 1961 is amended  by 
5
changing Sections 12-11 and 19-3 as follows:
 
6
    (720 ILCS 5/12-11)  (from Ch. 38, par. 12-11)
7
    Sec. 12-11. Home Invasion. 
8
    (a) A person who is not a peace officer acting
in the line 
9
of duty commits home invasion when
without authority he or she 
10
knowingly enters the dwelling place of another when
he or she 
11
knows or has reason to know that one or more persons is present

12
or he or she knowingly enters the dwelling place of another and 
13
remains
in such dwelling place until he or she knows or has 
14
reason to know that one
or more persons is present or who 
15
falsely represents himself or herself, including but not 
16
limited to, falsely representing himself or herself to be a 
 


 






09600SB3684sam002
- 2 -
LRB096 20635 RLC 38150 a




1
representative of any unit of government or a construction, 
2
telecommunications, or utility company, for the purpose of 
3
gaining entry to the dwelling place of another when he or she 
4
knows or has reason to know that one or more persons are 
5
present and
6
        (1) While armed with a dangerous weapon, other than a 
7
    firearm, uses
force or threatens the
imminent
use of force 
8
    upon any person or persons within such dwelling place 
9
    whether
or not injury occurs, or
10
        (2) Intentionally causes any injury, except as 
11
    provided in subsection
(a)(5), to any person or persons 
12
    within such dwelling place, or
13
        (3) While armed with a firearm uses force or threatens 
14
    the imminent use of
force upon any person or persons within 
15
    such dwelling place whether or not
injury occurs, or
16
        (4) Uses force or threatens the imminent use of force 
17
    upon any person or
persons within such dwelling place 
18
    whether or not injury occurs and during the
commission of 
19
    the offense personally discharges a firearm, or
20
        (5) Personally discharges a firearm that proximately 
21
    causes great bodily
harm, permanent disability, permanent 
22
    disfigurement, or death to another
person within such 
23
    dwelling place, or
24
        (6) Commits, against any person or persons within that 
25
    dwelling place, a
violation of Section 12-13, 12-14, 
26
    12-14.1, 12-15, or 12-16 of the Criminal
Code of 1961.
 


 






09600SB3684sam002
- 3 -
LRB096 20635 RLC 38150 a




1
    (b) It is an affirmative defense to a charge of home 
2
invasion that
the accused who knowingly enters the dwelling 
3
place of another and remains
in such dwelling place until he or 
4
she knows or has reason to know that one
or more persons is 
5
present either immediately leaves such premises or
surrenders 
6
to the person or persons lawfully present therein without 
7
either
attempting to cause or causing serious bodily injury to 
8
any person present
therein.
9
    (c) Sentence.  Home invasion in violation of subsection 
10
(a)(1),
(a)(2) or (a)(6) is a Class X felony.
A violation of 
11
subsection (a)(3) is a Class X felony for
which 15 years  shall 
12
be added to the term of imprisonment imposed by the
court. A 
13
violation of subsection (a)(4) is a Class X felony for which 20 
14
years
shall be added to the term of imprisonment imposed by the 
15
court. A violation of
subsection (a)(5) is a Class X felony for 
16
which 25 years or up to a term of
natural life shall be added to 
17
the term of imprisonment imposed by the court.
18
    (d) For purposes of this Section, "dwelling place of 
19
another" includes
a dwelling place where the defendant

20
maintains a tenancy interest but from which the defendant has 
21
been barred by a
divorce decree, judgment of dissolution of 
22
marriage, order of protection, or
other court order.
23
(Source: P.A. 90-787, eff. 8-14-98; 91-404, eff. 1-1-00; 
24
91-928, eff. 6-1-01.)
 
25
    (720 ILCS 5/19-3)  (from Ch. 38, par. 19-3)
 


 






09600SB3684sam002
- 4 -
LRB096 20635 RLC 38150 a




1
    Sec. 19-3. Residential burglary. 
2
    (a) A person commits
residential burglary who knowingly and 
3
without authority enters or knowingly
and without authority 
4
remains within the
dwelling place of another, or any part 
5
thereof, with the intent to commit
therein a felony or theft.  
6
This offense includes the offense of
burglary as defined in 
7
Section 19-1.
8
    (a-5) A person commits
residential burglary who falsely 
9
represents himself or herself, including but not limited to 
10
falsely representing himself or herself to be a representative 
11
of any unit of government or a construction, 
12
telecommunications, or utility company, for the purpose of 
13
gaining entry to the dwelling place of another, with the intent 
14
to commit
therein a felony or theft or to facilitate the 
15
commission therein of a felony or theft by another. 
16
    (b) Sentence.  Residential burglary is a Class 1 felony.
17
(Source: P.A. 91-928, eff. 6-1-01.)".