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| Public Act 096-1113 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by changing | ||||
Sections 12-11 and 19-3 as follows: | ||||
(720 ILCS 5/12-11) (from Ch. 38, par. 12-11) | ||||
Sec. 12-11. Home Invasion. | ||||
(a) A person who is not a peace officer acting
in the line | ||||
of duty commits home invasion when
without authority he or she | ||||
knowingly enters the dwelling place of another when
he or she | ||||
knows or has reason to know that one or more persons is present
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or he or she knowingly enters the dwelling place of another and | ||||
remains
in such dwelling place until he or she knows or has | ||||
reason to know that one
or more persons is present or who | ||||
falsely represents himself or herself, including but not | ||||
limited to, falsely representing himself or herself to be a | ||||
representative of any unit of government or a construction, | ||||
telecommunications, or utility company, for the purpose of | ||||
gaining entry to the dwelling place of another when he or she | ||||
knows or has reason to know that one or more persons are | ||||
present and | ||||
(1) While armed with a dangerous weapon, other than a | ||||
firearm, uses
force or threatens the
imminent
use of force | ||||
upon any person or persons within such dwelling place | ||
whether
or not injury occurs, or | ||
(2) Intentionally causes any injury, except as | ||
provided in subsection
(a)(5), to any person or persons | ||
within such dwelling place, or | ||
(3) While armed with a firearm uses force or threatens | ||
the imminent use of
force upon any person or persons within | ||
such dwelling place whether or not
injury occurs, or | ||
(4) Uses force or threatens the imminent use of force | ||
upon any person or
persons within such dwelling place | ||
whether or not injury occurs and during the
commission of | ||
the offense personally discharges a firearm, or | ||
(5) Personally discharges a firearm that proximately | ||
causes great bodily
harm, permanent disability, permanent | ||
disfigurement, or death to another
person within such | ||
dwelling place, or | ||
(6) Commits, against any person or persons within that | ||
dwelling place, a
violation of Section 12-13, 12-14, | ||
12-14.1, 12-15, or 12-16 of the Criminal
Code of 1961. | ||
(b) It is an affirmative defense to a charge of home | ||
invasion that
the accused who knowingly enters the dwelling | ||
place of another and remains
in such dwelling place until he or | ||
she knows or has reason to know that one
or more persons is | ||
present either immediately leaves such premises or
surrenders | ||
to the person or persons lawfully present therein without | ||
either
attempting to cause or causing serious bodily injury to | ||
any person present
therein. | ||
(c) Sentence. Home invasion in violation of subsection | ||
(a)(1),
(a)(2) or (a)(6) is a Class X felony.
A violation of | ||
subsection (a)(3) is a Class X felony for
which 15 years shall | ||
be added to the term of imprisonment imposed by the
court. A | ||
violation of subsection (a)(4) is a Class X felony for which 20 | ||
years
shall be added to the term of imprisonment imposed by the | ||
court. A violation of
subsection (a)(5) is a Class X felony for | ||
which 25 years or up to a term of
natural life shall be added to | ||
the term of imprisonment imposed by the court. | ||
(d) For purposes of this Section, "dwelling place of | ||
another" includes
a dwelling place where the defendant
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maintains a tenancy interest but from which the defendant has | ||
been barred by a
divorce decree, judgment of dissolution of | ||
marriage, order of protection, or
other court order. | ||
(Source: P.A. 90-787, eff. 8-14-98; 91-404, eff. 1-1-00; | ||
91-928, eff. 6-1-01.) | ||
(720 ILCS 5/19-3) (from Ch. 38, par. 19-3) | ||
Sec. 19-3. Residential burglary. | ||
(a) A person commits
residential burglary who knowingly and | ||
without authority enters or knowingly
and without authority | ||
remains within the
dwelling place of another, or any part | ||
thereof, with the intent to commit
therein a felony or theft. | ||
This offense includes the offense of
burglary as defined in | ||
Section 19-1. | ||
(a-5) A person commits
residential burglary who falsely | ||
represents himself or herself, including but not limited to | ||
falsely representing himself or herself to be a representative | ||
of any unit of government or a construction, | ||
telecommunications, or utility company, for the purpose of | ||
gaining entry to the dwelling place of another, with the intent | ||
to commit
therein a felony or theft or to facilitate the | ||
commission therein of a felony or theft by another. | ||
(b) Sentence. Residential burglary is a Class 1 felony. | ||
(Source: P.A. 91-928, eff. 6-1-01.)
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