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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1040 Introduced 2/8/2011, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED:
| | 720 ILCS 5/7-2 | from Ch. 38, par. 7-2 |
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Amends the Criminal Code of 1961. Makes a technical change in a Section
concerning justification in the use of force
against another person in defense of a dwelling.
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| | A BILL FOR |
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| | SB1040 | | LRB097 04757 RLC 44796 b |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Criminal Code of 1961 is amended by changing |
| 5 | | Section 7-2 as follows:
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| 6 | | (720 ILCS 5/7-2) (from Ch. 38, par. 7-2)
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| 7 | | Sec. 7-2. Use of
force in defense of dwelling.
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| 8 | | (a) A person is justified in the
the use of force against |
| 9 | | another when and to
the extent that he reasonably believes that |
| 10 | | such conduct is necessary to
prevent or terminate such other's |
| 11 | | unlawful entry into or attack upon a
dwelling. However, he is |
| 12 | | justified in the use of force which is intended or
likely to |
| 13 | | cause death or great bodily harm only if: |
| 14 | | (1) The entry is made or attempted in a violent, |
| 15 | | riotous, or tumultuous
manner, and he reasonably believes |
| 16 | | that such force is necessary to prevent
an assault upon, or |
| 17 | | offer of personal violence to, him or another then in
the |
| 18 | | dwelling, or
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| 19 | | (2) He reasonably believes that such force is necessary |
| 20 | | to prevent the
commission of a felony in the dwelling.
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| 21 | | (b) In no case shall any act involving the use of force |
| 22 | | justified under this Section give rise to any claim or |
| 23 | | liability brought by or on behalf of any person acting within |