Legal Memorandum Format Sample Page 8
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10that a detached garage used as a living quarters would be a dwelling under the statute. Therefore,
the fact that the Stripe’s garage is physically detached from their residence does not deprive it of
its status as a “living quarters” in which the owners “actually reside.”
Defendant might also argue that the legislative history suggests that the legislators did not
intend for the statute to cover structures such as garages. As the court noted in People v. Silva,
629 N.E.2d 948 (Ill. App. Ct. 1993), the legislature amended the statute in 1986 to clarify and
narrow the meaning of the term “dwelling.” The court quoted the following statement of Senator
Sangmeister made during legislative hearings: “It was even brought to our attention by the
Illinois Supreme Court in a number of cases that . . . there should be a better definition to the
dwelling house. We are having people prosecuted for residential burglary for breaking into . . .
unoccupied buildings such as garages.” Id. at 951 (emphasis added).
This argument lacks merits. The Silva court noted that “[t]he residential burglary statute
is designed to protect the ‘privacy and sanctity of the home,’ with a view toward the ‘greater
danger and potential for serious harm from burglary of a home as opposed to burglary of a
business.’” 629 N.E.2d at 951 (quoting People v. Edgesto, 611 N.E.2d 49 (Ill. App. Ct. 1993)).
Senator Sangmeister’s concern that people are being prosecuted for breaking into “unoccupied
buildings” is consistent with the general legislative purpose to deter residential burglary because
of its potential for serious harm. An occupied garage used as a living quarters invokes the same
legislative concerns for the sanctity of the home and the increased risk of harm that results from
an invasion of that home. Moreover, the Illinois Supreme Court decided the Thomas case only a
few years after the amendment. In Thomas, the court suggested that a garage used as a living
quarters would be a dwelling under the statute.
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