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90_HB2446
720 ILCS 5/12-11 from Ch. 38, par. 12-11
Amends the Criminal Code of 1961. Provides that a person
who enters the dwelling place in violation of an order of
protection under the Illinois Domestic Violence Act of 1986
enters the dwelling place of another within the meaning of
the home invasion statute.
LRB9008024RCpc
LRB9008024RCpc
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 12-11.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 12-11 as follows:
7 (720 ILCS 5/12-11) (from Ch. 38, par. 12-11)
8 Sec. 12-11. Home Invasion. (a) A person who is not a
9 peace officer acting in the line of duty commits home
10 invasion when without authority he or she knowingly enters
11 the dwelling place of another when he or she knows or has
12 reason to know that one or more persons is present or he or
13 she knowingly enters the dwelling place of another and
14 remains in such dwelling place until he or she knows or has
15 reason to know that one or more persons is present and
16 (1) While armed with a dangerous weapon uses force or
17 threatens the imminent use of force upon any person or
18 persons within such dwelling place whether or not injury
19 occurs, or
20 (2) Intentionally causes any injury to any person or
21 persons within such dwelling place.
22 (b) It is an affirmative defense to a charge of home
23 invasion that the accused who knowingly enters the dwelling
24 place of another and remains in such dwelling place until he
25 or she knows or has reason to know that one or more persons
26 is present either immediately leaves such premises or
27 surrenders to the person or persons lawfully present therein
28 without either attempting to cause or causing serious bodily
29 injury to any person present therein.
30 (c) Sentence. Home invasion is a Class X felony.
31 (d) A person who enters the dwelling place in violation
-2- LRB9008024RCpc
1 of an order of protection under the Illinois Domestic
2 Violence Act of 1986 enters the dwelling place of another
3 within the meaning of subsection (a) of this Section.
4 (Source: P.A. 85-1387; 85-1433; 86-820.)