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Public Act 093-0832


 

Public Act 0832 93RD GENERAL ASSEMBLY



 


 
Public Act 093-0832
 
SB2386 Enrolled LRB093 20660 RLC 46519 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
Sections 7-1, 7-2, and 7-3 as follows:
 
    (720 ILCS 5/7-1)  (from Ch. 38, par. 7-1)
    Sec. 7-1. Use of force in defense of person.
    (a) A person is justified in the use of force against
another when and to the extent that he reasonably believes that
such conduct is necessary to defend himself or another against
such other's imminent use of unlawful force. However, he is
justified in the use of force which is intended or likely to
cause death or great bodily harm only if he reasonably believes
that such force is necessary to prevent imminent death or great
bodily harm to himself or another, or the commission of a
forcible felony.
    (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
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: Laws 1961, p. 1983.)
 
    (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 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) (a) 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) (b) 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
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: Laws 1967, p. 696.)
 
    (720 ILCS 5/7-3)  (from Ch. 38, par. 7-3)
    Sec. 7-3. Use of force in defense of other property.
    (a) A person is justified in 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
trespass on or other tortious or criminal interference with
either real property (other than a dwelling) or personal
property, lawfully in his possession or in the possession of
another who is a member of his immediate family or household or
of a person whose property he has a legal duty to protect.
However, he is justified in the use of force which is intended
or likely to cause death or great bodily harm only if he
reasonably believes that such force is necessary to prevent the
commission of a forcible felony.
    (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
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: Laws 1961, p. 1983.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/28/2004