George P. Shadid

Filed: 2/9/2004

 

 


 

 


 
09300SB2386sam001 LRB093 20660 RLC 47344 a

1
AMENDMENT TO SENATE BILL 2386

2     AMENDMENT NO. ______. Amend Senate Bill 2386 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Criminal Code of 1961 is amended by
5 changing Sections 7-1, 7-2, and 7-3 as follows:
 
6     (720 ILCS 5/7-1)  (from Ch. 38, par. 7-1)
7     Sec. 7-1. Use of force in defense of person.
8     (a) A person is justified in the use of force against
9 another when and to the extent that he reasonably believes that
10 such conduct is necessary to defend himself or another against
11 such other's imminent use of unlawful force. However, he is
12 justified in the use of force which is intended or likely to
13 cause death or great bodily harm only if he reasonably believes
14 that such force is necessary to prevent imminent death or great
15 bodily harm to himself or another, or the commission of a
16 forcible felony.
17     (b) In no case shall any act involving the use of force
18 justified under this Section give rise to any claim or
19 liability brought by or on behalf of any person acting within
20 the definition of "aggressor" set forth in Section 7-4 of this
21 Article, or the estate, spouse, or other family member of such
22 a person, against the person or estate of the person using such
23 justified force.
24 (Source: Laws 1961, p. 1983.)
 

 

 

09300SB2386sam001 - 2 - LRB093 20660 RLC 47344 a

1     (720 ILCS 5/7-2)  (from Ch. 38, par. 7-2)
2     Sec. 7-2. Use of force in defense of dwelling.
3     (a) A person is justified in the use of force against
4 another when and to the extent that he reasonably believes that
5 such conduct is necessary to prevent or terminate such other's
6 unlawful entry into or attack upon a dwelling. However, he is
7 justified in the use of force which is intended or likely to
8 cause death or great bodily harm only if:
9         (1) (a) The entry is made or attempted in a violent,
10     riotous, or tumultuous manner, and he reasonably believes
11     that such force is necessary to prevent an assault upon, or
12     offer of personal violence to, him or another then in the
13     dwelling, or
14         (2) (b) He reasonably believes that such force is
15     necessary to prevent the commission of a felony in the
16     dwelling.
17     (b) In no case shall any act involving the use of force
18 justified under this Section give rise to any claim or
19 liability brought by or on behalf of any person acting within
20 the definition of "aggressor" set forth in Section 7-4 of this
21 Article, or the estate, spouse, or other family member of such
22 a person, against the person or estate of the person using such
23 justified force.
24 (Source: Laws 1967, p. 696.)
 
25     (720 ILCS 5/7-3)  (from Ch. 38, par. 7-3)
26     Sec. 7-3. Use of force in defense of other property.
27     (a) A person is justified in the use of force against
28 another when and to the extent that he reasonably believes that
29 such conduct is necessary to prevent or terminate such other's
30 trespass on or other tortious or criminal interference with
31 either real property (other than a dwelling) or personal
32 property, lawfully in his possession or in the possession of

 

 

09300SB2386sam001 - 3 - LRB093 20660 RLC 47344 a

1 another who is a member of his immediate family or household or
2 of a person whose property he has a legal duty to protect.
3 However, he is justified in the use of force which is intended
4 or likely to cause death or great bodily harm only if he
5 reasonably believes that such force is necessary to prevent the
6 commission of a forcible felony.
7     (b) In no case shall any act involving the use of force
8 justified under this Section give rise to any claim or
9 liability brought by or on behalf of any person acting within
10 the definition of "aggressor" set forth in Section 7-4 of this
11 Article, or the estate, spouse, or other family member of such
12 a person, against the person or estate of the person using such
13 justified force.
14 (Source: Laws 1961, p. 1983.)
 
15     Section 99. Effective date. This Act takes effect upon
16 becoming law.".