Bill Text: IL SB1040 | 2011-2012 | 97th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Bipartisan Bill

Status: (Failed) 2013-01-08 - Session Sine Die [SB1040 Detail]

Download: Illinois-2011-SB1040-Introduced.html

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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
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.
LRB097 04757 RLC 44796 b
A BILL FOR
SB1040 LRB097 04757 RLC 44796 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by changing
Section 7-2 as follows:
(720 ILCS 5/7-2) (from Ch. 38, par. 7-2)
Sec. 7-2. Use of force in defense of dwelling.
(a) A person is justified in the the use of force against
another when and to the extent that he reasonably believes that
such conduct is necessary to prevent or terminate such other's
unlawful entry into or attack upon a dwelling. However, he is
justified in the use of force which is intended or likely to
cause death or great bodily harm only if:
(1) The entry is made or attempted in a violent,
riotous, or tumultuous manner, and he reasonably believes
that such force is necessary to prevent an assault upon, or
offer of personal violence to, him or another then in the
dwelling, or
(2) He reasonably believes that such force is necessary
to prevent the commission of a felony in the dwelling.
(b) In no case shall any act involving the use of force
justified under this Section give rise to any claim or
liability brought by or on behalf of any person acting within

SB1040 - 2 - LRB097 04757 RLC 44796 b
the definition of "aggressor" set forth in Section 7-4 of this
Article, or the estate, spouse, or other family member of such
a person, against the person or estate of the person using such
justified force, unless the use of force involves willful or
wanton misconduct.
(Source: P.A. 93-832, eff. 7-28-04.)