HB4269 EngrossedLRB098 15877 RLC 50922 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 changing 
5Section 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 
8building. 
9    (a) A
person commits the offense of criminal fortification 
10of a residence or
building when, with the intent to prevent the 
11lawful entry of a law
enforcement officer or another, he or she 
12maintains a residence or building in a
fortified condition, 
13knowing that the such residence or building is used for the 
14unlawful
manufacture, storage with intent to deliver or 
15manufacture, delivery, or trafficking of cannabis, controlled

16substances, or methamphetamine as defined in the Cannabis 
17Control Act, the Illinois Controlled Substances Act, or the 
18Methamphetamine Control and Community Protection Act.

19    (b) "Fortified condition" means preventing or impeding 
20entry through the
use of steel doors, wooden planking, 
21crossbars, alarm systems, dogs, video surveillance, motion 
22sensing devices, booby traps, or
other similar means. If video 
23surveillance is the sole component of the fortified condition, 
 
 
HB4269 Engrossed- 2 -LRB098 15877 RLC 50922 b

1the video surveillance must be with the intent to alert an 
2occupant to the presence of a law enforcement officer for the 
3purpose of interfering with the official duties of a law 
4enforcement officer, allowing removal or destruction of 
5evidence, or facilitating the infliction of harm to a law 
6enforcement officer. For the purposes of this Section, "booby 
7trap" means any device, including but not limited to any 
8explosive device, designed to cause physical injury or the 
9destruction of evidence, when triggered by an act of a person 
10approaching, entering, or moving  through a structure. 

11    (c) Sentence. Criminal fortification of a residence or 
12building is a
Class 3 felony.

13    (d) This Section does not apply to the fortification of a 
14residence or building used in the manufacture of 
15methamphetamine as described in Sections 10 and 15 of the 
16Methamphetamine Control and Community Protection Act.

17(Source: P.A. 94-556, eff. 9-11-05.)