Full Text of SB2386 93rd General Assembly
SB2386sam001 93RD GENERAL ASSEMBLY
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George P. Shadid
Filed: 2/9/2004
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LRB093 20660 RLC 47344 a |
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| AMENDMENT TO SENATE BILL 2386
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| AMENDMENT NO. ______. Amend Senate Bill 2386 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Criminal Code of 1961 is amended by | 5 |
| changing 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 | 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
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| 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.
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| (Source: Laws 1961, p. 1983.)
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LRB093 20660 RLC 47344 a |
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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 | 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:
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| (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
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| (2)
(b) He reasonably believes that such force is | 15 |
| necessary to prevent the
commission of a felony in the | 16 |
| dwelling.
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| (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.
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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 | 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
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| property, lawfully in his possession or in the possession of |
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LRB093 20660 RLC 47344 a |
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| 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
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| 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.
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| (Source: Laws 1961, p. 1983.)
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| Section 99. Effective date. This Act takes effect upon | 16 |
| becoming law.".
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