Rep. Jerry F. Costello, II
Filed: 3/21/2014
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1 | AMENDMENT TO HOUSE BILL 4269
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2 | AMENDMENT NO. ______. Amend House Bill 4269 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Criminal Code of 2012 is amended by | ||||||
5 | changing Section 19-5 as follows:
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6 | (720 ILCS 5/19-5) (from Ch. 38, par. 19-5)
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7 | Sec. 19-5. Criminal fortification of a residence or | ||||||
8 | building. | ||||||
9 | (a) A
person commits the offense of criminal fortification | ||||||
10 | of a residence or
building when, with the intent to prevent the | ||||||
11 | lawful entry of a law
enforcement officer or another, he or she | ||||||
12 | maintains a residence or building in a
fortified condition, | ||||||
13 | knowing that the such residence or building is used for the | ||||||
14 | unlawful
manufacture, storage with intent to deliver or | ||||||
15 | manufacture , delivery, or trafficking of cannabis, controlled
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16 | substances, or methamphetamine as defined in the Cannabis |
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1 | Control Act, the Illinois Controlled Substances Act, or the | ||||||
2 | Methamphetamine Control and Community Protection Act.
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3 | (b) "Fortified condition" means preventing or impeding | ||||||
4 | entry through the
use of steel doors, wooden planking, | ||||||
5 | crossbars, alarm systems, dogs, video surveillance, motion | ||||||
6 | sensing devices, booby traps, or
other similar means. If video | ||||||
7 | surveillance is the sole component of the fortified condition, | ||||||
8 | the video surveillance must be with the intent to alert an | ||||||
9 | occupant to the presence of a law enforcement officer for the | ||||||
10 | purpose of interfering with the official duties of a law | ||||||
11 | enforcement officer, allowing removal or destruction of | ||||||
12 | evidence, or facilitating the infliction of harm to a law | ||||||
13 | enforcement officer. For the purposes of this Section, "booby | ||||||
14 | trap" means any device, including but not limited to any | ||||||
15 | explosive device, designed to cause physical injury or the | ||||||
16 | destruction of evidence, when triggered by an act of a person | ||||||
17 | approaching, entering, or moving through a structure.
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18 | (c) Sentence. Criminal fortification of a residence or | ||||||
19 | building is a
Class 3 felony.
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20 | (d) This Section does not apply to the fortification of a | ||||||
21 | residence or building used in the manufacture of | ||||||
22 | methamphetamine as described in Sections 10 and 15 of the | ||||||
23 | Methamphetamine Control and Community Protection Act.
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24 | (Source: P.A. 94-556, eff. 9-11-05.)".
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