Illinois 2004 - Senate Bill 2386 / Public Act 93-0832
Sponsored by Barack Obama [1]
Public Act 093-0832
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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 1961 is amended by changing |
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Sections 7-1, 7-2, and 7-3 as follows: |
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(720 ILCS 5/7-1) (from Ch. 38, par. 7-1) |
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Sec. 7-1. Use of force in defense of person. |
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(a) A person is justified in the use of force against |
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another when and to the extent that he reasonably believes that |
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such conduct is necessary to defend himself or another against |
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such other's imminent use of unlawful force. However, he is |
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justified in the use of force which is intended or likely to |
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cause death or great bodily harm only if he reasonably believes |
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that such force is necessary to prevent imminent death or great |
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bodily harm to himself or another, or the commission of a |
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forcible felony. |
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(b) In no case shall any act involving the use of force |
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justified under this Section give rise to any claim or |
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liability brought by or on behalf of any person acting within |
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the definition of "aggressor" set forth in Section 7-4 of this |
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Article, or the estate, spouse, or other family member of such |
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a person, against the person or estate of the person using such |
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justified force, unless the use of force involves willful or |
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wanton misconduct. |
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(Source: Laws 1961, p. 1983.) |
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(720 ILCS 5/7-2) (from Ch. 38, par. 7-2) |
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Sec. 7-2. Use of force in defense of dwelling. |
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(a) A person is justified in the use of force against |
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another when and to the extent that he reasonably believes that |
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such conduct is necessary to prevent or terminate such other's |
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unlawful entry into or attack upon a dwelling. However, he is |
justified in the use of force which is intended or likely to |
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cause death or great bodily harm only if: |
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(1) (a) The entry is made or attempted in a violent, |
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riotous, or tumultuous manner, and he reasonably believes |
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that such force is necessary to prevent an assault upon, or |
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offer of personal violence to, him or another then in the |
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dwelling, or |
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(2) (b) He reasonably believes that such force is |
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necessary to prevent the commission of a felony in the |
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dwelling. |
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(b) In no case shall any act involving the use of force |
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justified under this Section give rise to any claim or |
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liability brought by or on behalf of any person acting within |
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the definition of "aggressor" set forth in Section 7-4 of this |
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Article, or the estate, spouse, or other family member of such |
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a person, against the person or estate of the person using such |
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justified force, unless the use of force involves willful or |
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wanton misconduct. |
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(Source: Laws 1967, p. 696.) |
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(720 ILCS 5/7-3) (from Ch. 38, par. 7-3) |
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Sec. 7-3. Use of force in defense of other property. |
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(a) A person is justified in the use of force against |
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another when and to the extent that he reasonably believes that |
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such conduct is necessary to prevent or terminate such other's |
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trespass on or other tortious or criminal interference with |
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either real property (other than a dwelling) or personal |
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property, lawfully in his possession or in the possession of |
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another who is a member of his immediate family or household or |
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of a person whose property he has a legal duty to protect. |
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However, he is justified in the use of force which is intended |
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or likely to cause death or great bodily harm only if he |
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reasonably believes that such force is necessary to prevent the |
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commission of a forcible felony. |
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(b) In no case shall any act involving the use of force |
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justified under this Section give rise to any claim or |
liability brought by or on behalf of any person acting within |
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the definition of "aggressor" set forth in Section 7-4 of this |
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Article, or the estate, spouse, or other family member of such |
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a person, against the person or estate of the person using such |
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justified force, unless the use of force involves willful or |
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wanton misconduct. |
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(Source: Laws 1961, p. 1983.) |
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Section 99. Effective date. This Act takes effect upon |
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becoming law. |
[1] http://www.ilga.gov/legislation/BillStatus.asp?GA=93&DocTypeID=SB&DocNum=2386&GAID=3&SessionID=3&LegID=8536
[2] http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=093-0832&GA=93
That does it. I’m boycotting Illinois. ;)