Bill Text: IL HB4269 | 2013-2014 | 98th General Assembly | Chaptered
Bill Title: Amends the Criminal Code of 2012 concerning criminal fortification of a residence or building. Includes in the definition of "fortified condition" preventing or impeding entry through the use of video surveillance, motion sensing devices, or booby traps. Defines "booby traps" for purposes of the offense.
Spectrum: Bipartisan Bill
Status: (Passed) 2014-08-15 - Public Act . . . . . . . . . 98-0897 [HB4269 Detail]
Download: Illinois-2013-HB4269-Chaptered.html
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Public Act 098-0897 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 2012 is amended by changing | ||||
Section 19-5 as follows:
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(720 ILCS 5/19-5) (from Ch. 38, par. 19-5)
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Sec. 19-5. Criminal fortification of a residence or | ||||
building. | ||||
(a) A
person commits the offense of criminal fortification | ||||
of a residence or
building when, with the intent to prevent the | ||||
lawful entry of a law
enforcement officer or another, he or she | ||||
maintains a residence or building in a
fortified condition, | ||||
knowing that the such residence or building is used for the | ||||
unlawful
manufacture, storage with intent to deliver or | ||||
manufacture , delivery, or trafficking of cannabis, controlled
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substances, or methamphetamine as defined in the Cannabis | ||||
Control Act, the Illinois Controlled Substances Act, or the | ||||
Methamphetamine Control and Community Protection Act.
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(b) "Fortified condition" means preventing or impeding | ||||
entry through the
use of steel doors, wooden planking, | ||||
crossbars, alarm systems, dogs, video surveillance, motion | ||||
sensing devices, booby traps, or
other similar means. If video | ||||
surveillance is the sole component of the fortified condition, |
the video surveillance must be with the intent to alert an | ||
occupant to the presence of a law enforcement officer for the | ||
purpose of interfering with the official duties of a law | ||
enforcement officer, allowing removal or destruction of | ||
evidence, or facilitating the infliction of harm to a law | ||
enforcement officer. For the purposes of this Section, "booby | ||
trap" means any device, including but not limited to any | ||
explosive device, designed to cause physical injury or the | ||
destruction of evidence, when triggered by an act of a person | ||
approaching, entering, or moving through a structure.
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(c) Sentence. Criminal fortification of a residence or | ||
building is a
Class 3 felony.
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(d) This Section does not apply to the fortification of a | ||
residence or building used in the manufacture of | ||
methamphetamine as described in Sections 10 and 15 of the | ||
Methamphetamine Control and Community Protection Act.
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(Source: P.A. 94-556, eff. 9-11-05.)
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