|
Rep. Jerry F. Costello, II
Filed: 3/21/2014
| | 09800HB4269ham002 | | LRB098 15877 MRW 57291 a |
|
|
| 1 | | AMENDMENT TO HOUSE BILL 4269
|
| 2 | | AMENDMENT NO. ______. Amend House Bill 4269 by replacing |
| 3 | | everything after the enacting clause with the following:
|
| 4 | | "Section 5. The Criminal Code of 2012 is amended by |
| 5 | | changing 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 | | unlawful
manufacture, storage with intent to deliver or |
| 15 | | manufacture, delivery, or trafficking of cannabis, controlled
|
| 16 | | substances, or methamphetamine as defined in the Cannabis |
|
| | 09800HB4269ham002 | - 2 - | LRB098 15877 MRW 57291 a |
|
|
| 1 | | Control Act, the Illinois Controlled Substances Act, or the |
| 2 | | Methamphetamine Control and Community Protection Act.
|
| 3 | | (b) "Fortified condition" means preventing or impeding |
| 4 | | entry through the
use of steel doors, wooden planking, |
| 5 | | crossbars, alarm systems, dogs, video surveillance, motion |
| 6 | | sensing devices, booby traps, or
other similar means. If video |
| 7 | | surveillance is the sole component of the fortified condition, |
| 8 | | the video surveillance must be with the intent to alert an |
| 9 | | occupant to the presence of a law enforcement officer for the |
| 10 | | purpose of interfering with the official duties of a law |
| 11 | | enforcement officer, allowing removal or destruction of |
| 12 | | evidence, or facilitating the infliction of harm to a law |
| 13 | | enforcement officer. For the purposes of this Section, "booby |
| 14 | | trap" means any device, including but not limited to any |
| 15 | | explosive device, designed to cause physical injury or the |
| 16 | | destruction of evidence, when triggered by an act of a person |
| 17 | | approaching, entering, or moving through a structure.
|
| 18 | | (c) Sentence. Criminal fortification of a residence or |
| 19 | | building is a
Class 3 felony.
|
| 20 | | (d) This Section does not apply to the fortification of a |
| 21 | | residence or building used in the manufacture of |
| 22 | | methamphetamine as described in Sections 10 and 15 of the |
| 23 | | Methamphetamine Control and Community Protection Act.
|
| 24 | | (Source: P.A. 94-556, eff. 9-11-05.)".
|