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90_HB2446sam001
LRB9008024RCcdam
1 AMENDMENT TO HOUSE BILL 2446
2 AMENDMENT NO. . Amend House Bill 2446 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Criminal Code of 1961 is amended by
5 changing Section 12-11 as follows:
6 (720 ILCS 5/12-11) (from Ch. 38, par. 12-11)
7 Sec. 12-11. Home Invasion.
8 (a) A person who is not a peace officer acting in the
9 line of duty commits home invasion when without authority he
10 or she knowingly enters the dwelling place of another when he
11 or she knows or has reason to know that one or more persons
12 is present or he or she knowingly enters the dwelling place
13 of another and remains in such dwelling place until he or she
14 knows or has reason to know that one or more persons is
15 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
-2- LRB9008024RCcdam
1 invasion that the accused who knowingly enters the dwelling
2 place of another and remains in such dwelling place until he
3 or she knows or has reason to know that one or more persons
4 is present either immediately leaves such premises or
5 surrenders to the person or persons lawfully present therein
6 without either attempting to cause or causing serious bodily
7 injury to any person present therein.
8 (c) Sentence. Home invasion is a Class X felony.
9 (d) For purposes of this Section, "dwelling place of
10 another" includes a dwelling place where the defendant
11 maintains a tenancy interest but from which the defendant has
12 been barred by a divorce decree, judgment of dissolution of
13 marriage, order of protection, or other court order.
14 (Source: P.A. 85-1387; 85-1433; 86-820.)".