Full Text of HB4269 98th General Assembly
HB4269 98TH GENERAL ASSEMBLY
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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4269 Introduced , by Rep. Jerry F. Costello, II SYNOPSIS AS INTRODUCED:
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720 ILCS 5/19-5 | from Ch. 38, par. 19-5 |
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Amends the Criminal Code of 2012 concerning criminal fortification of a residence or
building. Includes in the definition of "fortified condition" preventing or impeding entry through the
use of video surveillance, motion sensing devices, or booby traps. Defines "booby traps" for purposes of the offense.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | | HB4269 | | LRB098 15877 RLC 50922 b |
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| | 1 | | AN ACT concerning criminal law.
| | 2 | | Be it enacted by the People of the State of Illinois,
| | 3 | | represented in the General Assembly:
| | 4 | | Section 5. The Criminal Code of 2012 is amended by changing | | 5 | | Section 19-5 as follows:
| | 6 | | (720 ILCS 5/19-5) (from Ch. 38, par. 19-5)
| | 7 | | Sec. 19-5. Criminal fortification of a residence or | | 8 | | building. | | 9 | | (a) A
person commits the offense of criminal fortification | | 10 | | of a residence or
building when, with the intent to prevent the | | 11 | | lawful entry of a law
enforcement officer or another, he or she | | 12 | | maintains a residence or building in a
fortified condition, | | 13 | | knowing that the such residence or building is used for the
| | 14 | | manufacture, storage, delivery, or trafficking of cannabis, | | 15 | | controlled
substances, or methamphetamine as defined in the | | 16 | | Cannabis Control Act, the Illinois Controlled Substances Act, | | 17 | | or the Methamphetamine Control and Community Protection Act.
| | 18 | | (b) "Fortified condition" means preventing or impeding | | 19 | | entry through the
use of steel doors, wooden planking, | | 20 | | crossbars, alarm systems, dogs, video surveillance, motion | | 21 | | sensing devices, booby traps, or
other similar means. For the | | 22 | | purposes of this Section, "booby trap" means any device, | | 23 | | including but not limited to any explosive device, designed to |
| | | HB4269 | - 2 - | LRB098 15877 RLC 50922 b |
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| | 1 | | cause physical injury when triggered by an act of a person | | 2 | | approaching, entering, or moving through a structure.
| | 3 | | (c) Sentence. Criminal fortification of a residence or | | 4 | | building is a
Class 3 felony.
| | 5 | | (d) This Section does not apply to the fortification of a | | 6 | | residence or building used in the manufacture of | | 7 | | methamphetamine as described in Sections 10 and 15 of the | | 8 | | Methamphetamine Control and Community Protection Act.
| | 9 | | (Source: P.A. 94-556, eff. 9-11-05.)
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