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90_HB2446enr
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
HB2446 Enrolled 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.
9 (a) A person who is not a peace officer acting in the
10 line of duty commits home invasion when without authority he
11 or she knowingly enters the dwelling place of another when he
12 or she knows or has reason to know that one or more persons
13 is present or he or she knowingly enters the dwelling place
14 of another and remains in such dwelling place until he or she
15 knows or has reason to know that one or more persons is
16 present and
17 (1) While armed with a dangerous weapon uses force or
18 threatens the imminent use of force upon any person or
19 persons within such dwelling place whether or not injury
20 occurs, or
21 (2) Intentionally causes any injury to any person or
22 persons within such dwelling place.
23 (b) It is an affirmative defense to a charge of home
24 invasion that the accused who knowingly enters the dwelling
25 place of another and remains in such dwelling place until he
26 or she knows or has reason to know that one or more persons
27 is present either immediately leaves such premises or
28 surrenders to the person or persons lawfully present therein
29 without either attempting to cause or causing serious bodily
30 injury to any person present therein.
31 (c) Sentence. Home invasion is a Class X felony.
HB2446 Enrolled -2- LRB9008024RCpc
1 (d) For purposes of this Section, "dwelling place of
2 another" includes a dwelling place where the defendant
3 maintains a tenancy interest but from which the defendant has
4 been barred by a divorce decree, judgment of dissolution of
5 marriage, order of protection, or other court order.
6 (Source: P.A. 85-1387; 85-1433; 86-820.)