summary
Introduced
01/09/2025
01/09/2025
In Committee
01/09/2025
01/09/2025
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
Amends the Criminal Code of 2012. Provides that a person who is justified in the use of force, including deadly force, does not have a duty to retreat. Provides that a person who is justified in the use of force, including the use of force that is intended or likely to cause death or great bodily harm, is immune from criminal prosecution and civil action for the use of force justified under these provisions (rather than have an affirmative defense to a criminal prosecution). Defines "criminal prosecution" to include charging or prosecuting the defendant.
AI Summary
This bill amends the Criminal Code of 2012 to strengthen protections for individuals using force in self-defense, defense of dwelling, and defense of property. The bill eliminates the "duty to retreat" requirement, meaning that a person who reasonably believes force is necessary to defend themselves or others no longer must attempt to flee before using force. It expands legal protections by providing immunity from both criminal prosecution and civil lawsuits for individuals using force that is deemed justified under the law. Specifically, the bill applies to situations where a person uses force to prevent imminent death, great bodily harm, or the commission of a forcible felony, and it clarifies that "criminal prosecution" includes the act of charging or prosecuting a defendant. The bill emphasizes that these protections do not apply if the force involves willful or wanton misconduct, and they do not extend to individuals who are legally defined as "aggressors" in a confrontation. These changes effectively strengthen an individual's right to self-defense by removing potential legal barriers and providing broader protection for those who use force under reasonable circumstances.
Sponsors (2)
Last Action
Added Co-Sponsor Rep. Tony M. McCombie (on 01/15/2025)
bill text
bill summary
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bill summary
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bill summary
Document Type | Source Location |
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State Bill Page | https://www.ilga.gov/legislation/BillStatus.asp?DocNum=1032&GAID=18&DocTypeID=HB&SessionID=114&GA=104 |
BillText | https://www.ilga.gov/legislation/104/HB/10400HB1032.htm |
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