HB5681 97TH GENERAL ASSEMBLY

LRB097 18200 AJO 63424 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5681

Introduced 2/16/2012, by Rep. Richard Morthland

SYNOPSIS AS INTRODUCED:

New Act

Creates the Armed Citizen Liability Act. Provides that a person is immune from civil liability arising out of the use of force that is intended or likely to cause death or great bodily harm if (i) the person reasonably believed that the force was necessary to prevent imminent death or bodily harm to himself or herself or to another person and (ii) the person against whom the force was used either was in the process of unlawfully and forcibly entering, or was inside after unlawfully and forcibly entering, the dwelling, motor vehicle, or place of business of the person using the force. In such a case, provides that the finder of fact may not consider whether the person using the force had an opportunity to flee or retreat before he or she used the force, and provides that, with exceptions, the person using the force is presumed to have reasonably believed that the force was necessary to prevent imminent death or bodily harm to himself or herself or to another person. Provides for an award of reasonable attorney's fees, costs, compensation for loss of income, and other costs reasonably incurred to a person using such force. Provides that nothing in the Act limits any other available defense. Provides that the Act applies to a use of force that occurs on or after the effective date of the Act.

A BILL FOR

AN ACT concerning armed citizen liability.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Armed Citizen Liability Act.

Section 5. Definitions. In this Act:

"Dwelling" means any premises or portion of a premises that is used as a home or a place of residence and that part of the lot or site on which the dwelling is situated that is devoted to residential use. "Dwelling" includes other existing structures on the immediate residential premises such as driveways, sidewalks, swimming pools, terraces, patios, fences, porches, garages, and basements.

"Place of business" means a commercial or retail enterprise that a person owns or operates.

"Public safety worker" means a person employed by this State or a political subdivision thereof that provides firefighting, law enforcement, medical, or other emergency services.

Section 10. Use of force in response to unlawful and forcible entry; civil liability immunity.

(a) Except as provided in subsection (d), a person is immune from civil liability arising out of his or her use of force that is intended or likely to cause death or great bodily harm if (i) the person reasonably believed that the force was necessary to prevent imminent death or bodily harm to himself or herself or to another person and (ii) either of the following applies:

(1) The person against whom the force was used was in the process of unlawfully and forcibly entering the dwelling, motor vehicle, or place of business of the person using the force; the person using the force was on his or her property or present in his or her dwelling, motor vehicle, or place of business; and the person using the force knew or had reason to believe that an unlawful and forcible entry was occurring.

(2) The person against whom the force was used was inside the dwelling, motor vehicle, or place of business of the person using the force after unlawfully and forcibly entering it; the person using the force was present in his or her dwelling, motor vehicle, or place of business; and the person using the force knew or had reason to believe that the person against whom the force was used had unlawfully and forcibly entered his or her dwelling, motor vehicle, or place of business.

(b) If paragraph (1) or (2) of subsection (a) applies, the finder of fact may not consider whether the person using the force had an opportunity to flee or retreat before he or she used the force.

(c) If paragraph (1) or (2) of subsection (a) applies, then, except as provided in subsection (d), the person using the force is presumed to have reasonably believed that the force was necessary to prevent imminent death or bodily harm to himself or herself or to another person.

(d) The immunity provided in subsection (a), and the presumption described in subsection (c), do not apply if the finder of fact finds that either of the following is true:

(1) The person using the force was engaged in a criminal activity or was using his or her dwelling, motor vehicle, or place of business to further a criminal activity at the time he or she used the force described in subsection (a).

(2) The person against whom the force was used was a public safety worker who entered or attempted to enter the dwelling, motor vehicle, or place of business of the person using the force in the performance of his or her official duties. This paragraph (2) applies only if at least one of the following applies:

(A) The public safety worker identified himself or herself to the person using the force before that person used the force described in subsection (a).

(B) The person using the force knew or reasonably should have known that the person entering or attempting to enter his or her dwelling, motor vehicle, or place of business was a public safety worker.

(e) In any civil action arising out of a person's use of force described in subsection (a), if the court finds that the person is immune from civil liability under subsection (a), the court shall award the person reasonable attorney's fees, costs, compensation for loss of income, and other costs of the litigation reasonably incurred by the person.

Section 15. Other defense. Nothing in this Act may be construed to limit or impair any defense to civil or criminal liability otherwise available.

Section 20. Applicability. This Act applies to a use of force that occurs on or after the effective date of this Act.