State of Illinois
90^th General Assembly
Legislation

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90_SB1506sam001

                                             LRB9008746RCpkam
 1                    AMENDMENT TO SENATE BILL 1506
 2        AMENDMENT NO.     .  Amend Senate Bill 1506 on page 1, by
 3    replacing line 1 with the following:
 4        "AN ACT relating to criminal law,"; and
 5    on page 1, line 5, by inserting "changing Section 12-11  and"
 6    after "by"; and
 7    on page 1, by inserting between lines 6 and 7 the following:
 8        "(720 ILCS 5/12-11) (from Ch. 38, par. 12-11)
 9        Sec. 12-11.  Home Invasion.
10        (a)  A  person  who  is not a peace officer acting in the
11    line of duty commits home invasion when without authority  he
12    or she knowingly enters the dwelling place of another when he
13    or  she  knows or has reason to know that one or more persons
14    is present or he or she knowingly enters the  dwelling  place
15    of another and remains in such dwelling place until he or she
16    knows  or  has  reason  to  know  that one or more persons is
17    present and
18        (1)  While armed with a dangerous weapon  uses  force  or
19    threatens  the  imminent  use  of  force  upon  any person or
20    persons within such dwelling  place  whether  or  not  injury
21    occurs, or
22        (2)  Intentionally  causes  any  injury  to any person or
                            -2-              LRB9008746RCpkam
 1    persons within such dwelling place.
 2        (b)  It is an affirmative defense to  a  charge  of  home
 3    invasion  that  the accused who knowingly enters the dwelling
 4    place of another and remains in such dwelling place until  he
 5    or  she  knows or has reason to know that one or more persons
 6    is  present  either  immediately  leaves  such  premises   or
 7    surrenders  to the person or persons lawfully present therein
 8    without either attempting to cause or causing serious  bodily
 9    injury to any person present therein.
10        (c)  Sentence.  Home invasion is a Class X felony.
11        (d)  For  purposes  of  this  Section, "dwelling place of
12    another"  includes  a  dwelling  place  where  the  defendant
13    maintains a tenancy interest but from which the defendant has
14    been barred by a divorce decree, judgment of  dissolution  of
15    marriage, order of protection, or other court order.
16    (Source: P.A. 85-1387; 85-1433; 86-820.)".

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