102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1096

 

Introduced 2/17/2021, by Rep. Emanuel Chris Welch

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/3-2  from Ch. 38, par. 3-2

    Amends the Criminal Code of 2012. Makes a technical change in a Section concerning an affirmative defense.


LRB102 03110 RLC 13123 b

 

 

A BILL FOR

 

HB1096LRB102 03110 RLC 13123 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by
5changing Section 3-2 as follows:
 
6    (720 ILCS 5/3-2)  (from Ch. 38, par. 3-2)
7    Sec. 3-2. Affirmative defense.
8    (a) "Affirmative defense" means that that unless the
9State's evidence raises the issue involving the alleged
10defense, the defendant, to raise the issue, must present some
11evidence thereon.
12    (b) If the issue involved in an affirmative defense, other
13than insanity, is raised then the State must sustain the
14burden of proving the defendant guilty beyond a reasonable
15doubt as to that issue together with all the other elements of
16the offense. If the affirmative defense of insanity is raised,
17the defendant bears the burden of proving by clear and
18convincing evidence his insanity at the time of the offense.
19(Source: P.A. 89-404, eff. 8-20-95; 90-593, eff. 6-19-98.)