102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1099

 

Introduced 2/17/2021, by Rep. Emanuel Chris Welch

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/7-2  from Ch. 38, par. 7-2

    Amends the Criminal Code of 2012. Makes a technical change in a Section concerning justification in the use of force against another person in defense of a dwelling.


LRB102 03113 RLC 13126 b

 

 

A BILL FOR

 

HB1099LRB102 03113 RLC 13126 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by
5changing Section 7-2 as follows:
 
6    (720 ILCS 5/7-2)  (from Ch. 38, par. 7-2)
7    Sec. 7-2. Use of force in defense of dwelling.
8    (a) A person is justified in the the use of force against
9another when and to the extent that he reasonably believes
10that such conduct is necessary to prevent or terminate such
11other's unlawful entry into or attack upon a dwelling.
12However, he is justified in the use of force which is intended
13or likely to cause death or great bodily harm only if:
14        (1) The entry is made or attempted in a violent,
15    riotous, or tumultuous manner, and he reasonably believes
16    that such force is necessary to prevent an assault upon,
17    or offer of personal violence to, him or another then in
18    the dwelling, or
19        (2) He reasonably believes that such force is
20    necessary to prevent the commission of a felony in the
21    dwelling.
22    (b) In no case shall any act involving the use of force
23justified under this Section give rise to any claim or

 

 

HB1099- 2 -LRB102 03113 RLC 13126 b

1liability brought by or on behalf of any person acting within
2the definition of "aggressor" set forth in Section 7-4 of this
3Article, or the estate, spouse, or other family member of such
4a person, against the person or estate of the person using such
5justified force, unless the use of force involves willful or
6wanton misconduct.
7(Source: P.A. 93-832, eff. 7-28-04.)