SB2373 93RD GENERAL ASSEMBLY

LRB093 20487 RLC 46276 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2373

Introduced 2/3/2004, by George P. Shadid

SYNOPSIS AS INTRODUCED:

720 ILCS 5/7-2

from Ch. 38, par. 7-2

Amends the Criminal Code of 1961. Makes technical changes in the Section concerning the justified use of force in defense of one's dwelling.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 1961 is amended by changing Section 7-2 as follows:

(720 ILCS 5/7-2) (from Ch. 38, par. 7-2)

Sec. 7-2. Use of force in defense of dwelling.

A person is justified in the use of force against another when and to the extent that he or she reasonably believes that such conduct is necessary to prevent or terminate such other's unlawful entry into or attack upon a dwelling. However, he or she is justified in the use of force which is intended or likely to cause death or great bodily harm only if:

(a) The entry is made or attempted in a violent, riotous, or tumultuous manner, and he or she reasonably believes that such force is necessary to prevent an assault upon, or offer of personal violence to, him or her or another then in the dwelling, or

(b) He or she reasonably believes that such force is necessary to prevent the commission of a felony in the dwelling.

(Source: Laws 1967, p. 696.)