Full Text of HB4269 98th General Assembly
HB4269enr 98TH GENERAL ASSEMBLY |
| | HB4269 Enrolled | | LRB098 15877 RLC 50922 b |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by changing | 5 | | Section 19-5 as follows:
| 6 | | (720 ILCS 5/19-5) (from Ch. 38, par. 19-5)
| 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
| 16 | | substances, or methamphetamine as defined in the Cannabis | 17 | | Control Act, the Illinois Controlled Substances Act, or the | 18 | | Methamphetamine Control and Community Protection Act.
| 19 | | (b) "Fortified condition" means preventing or impeding | 20 | | entry through the
use of steel doors, wooden planking, | 21 | | crossbars, alarm systems, dogs, video surveillance, motion | 22 | | sensing devices, booby traps, or
other similar means. If video | 23 | | surveillance is the sole component of the fortified condition, |
| | | HB4269 Enrolled | - 2 - | LRB098 15877 RLC 50922 b |
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| 1 | | the video surveillance must be with the intent to alert an | 2 | | occupant to the presence of a law enforcement officer for the | 3 | | purpose of interfering with the official duties of a law | 4 | | enforcement officer, allowing removal or destruction of | 5 | | evidence, or facilitating the infliction of harm to a law | 6 | | enforcement officer. For the purposes of this Section, "booby | 7 | | trap" means any device, including but not limited to any | 8 | | explosive device, designed to cause physical injury or the | 9 | | destruction of evidence, when triggered by an act of a person | 10 | | approaching, entering, or moving through a structure.
| 11 | | (c) Sentence. Criminal fortification of a residence or | 12 | | building is a
Class 3 felony.
| 13 | | (d) This Section does not apply to the fortification of a | 14 | | residence or building used in the manufacture of | 15 | | methamphetamine as described in Sections 10 and 15 of the | 16 | | Methamphetamine Control and Community Protection Act.
| 17 | | (Source: P.A. 94-556, eff. 9-11-05.)
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