State of Illinois
2011 and 2012


Introduced 2/8/2011, by Sen. John J. Cullerton


720 ILCS 5/7-2  from Ch. 38, par. 7-2

    Amends the Criminal Code of 1961. Makes a technical change in a Section concerning justification in the use of force against another person in defense of a dwelling.

LRB097 04757 RLC 44796 b





SB1040LRB097 04757 RLC 44796 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 1961 is amended by changing
5Section 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 that
10such conduct is necessary to prevent or terminate such other's
11unlawful entry into or attack upon a dwelling. However, he is
12justified in the use of force which is intended or likely to
13cause 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, or
17    offer of personal violence to, him or another then in the
18    dwelling, or
19        (2) He reasonably believes that such force is necessary
20    to prevent the commission of a felony in the dwelling.
21    (b) In no case shall any act involving the use of force
22justified under this Section give rise to any claim or
23liability brought by or on behalf of any person acting within



SB1040- 2 -LRB097 04757 RLC 44796 b

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