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| Public Act 095-0921 |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by changing | ||||
Sections 31-6 and 31-7 as follows:
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(720 ILCS 5/31-6) (from Ch. 38, par. 31-6)
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Sec. 31-6. Escape; failure to report to a penal institution | ||||
or to report
for periodic imprisonment.
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(a) A person convicted of a felony or charged with the | ||||
commission of a
felony, or charged with or adjudicated | ||||
delinquent for an act which, if committed by an adult, would | ||||
constitute a felony, who intentionally escapes from any penal | ||||
institution or from the custody
of an employee of that | ||||
institution commits a Class 2 felony; however, a person
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convicted of a felony, or adjudicated delinquent for an act | ||||
which, if committed by an adult, would constitute a felony, who | ||||
knowingly fails to report to a penal institution or
to report | ||||
for periodic imprisonment at any time or knowingly fails to | ||||
return
from furlough or from work and day release or who | ||||
knowingly fails to abide
by the terms of home confinement is | ||||
guilty of a Class 3 felony.
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(b) A person convicted of a misdemeanor or charged with the
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commission of a misdemeanor, or charged with or adjudicated | ||||
delinquent for an act which, if committed by an adult, would | ||
constitute a misdemeanor, who intentionally escapes from any
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penal institution or from the custody of an employee of that
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institution commits a Class A misdemeanor; however, a person | ||
convicted
of a misdemeanor, or adjudicated delinquent for an | ||
act which, if committed by an adult, would constitute a | ||
misdemeanor, who knowingly fails to report to a penal | ||
institution or to
report for periodic imprisonment at any time | ||
or knowingly fails to return from
furlough or from work and day | ||
release or who knowingly fails to abide by
the terms of home | ||
confinement is guilty of a Class B misdemeanor.
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(b-1) A person committed to the Department of Human | ||
Services under the
provisions of the Sexually Violent Persons | ||
Commitment Act or in detention with
the Department of Human | ||
Services awaiting such a commitment who intentionally
escapes | ||
from any secure residential facility or from the custody of an | ||
employee
of that facility commits a Class 2 felony.
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(c) A person in the lawful custody of a peace officer for | ||
the alleged
commission of a felony offense or an act which, if | ||
committed by an adult, would constitute a felony, and who | ||
intentionally escapes from custody
commits a Class 2 felony; | ||
however, a person in the lawful custody of a
peace officer for | ||
the alleged commission of a misdemeanor offense or an act | ||
which, if committed by an adult, would constitute a | ||
misdemeanor, who
intentionally escapes from custody commits a | ||
Class A misdemeanor.
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(c-5) A person in the lawful custody of a peace officer for | ||
an alleged
violation of a term or condition of probation, | ||
conditional discharge, parole,
or mandatory supervised release | ||
for a felony or an act which, if committed by an adult, would | ||
constitute a felony, who intentionally escapes
from custody is | ||
guilty of a Class 2 felony.
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(c-6) A person in the lawful custody of a peace officer for | ||
an alleged
violation of a term or condition of supervision, | ||
probation, or conditional
discharge for a misdemeanor or an act | ||
which, if committed by an adult, would constitute a | ||
misdemeanor, who intentionally escapes from custody is
guilty | ||
of a Class A misdemeanor.
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(d) A person who violates this Section
while armed with a | ||
dangerous weapon commits a Class 1 felony.
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(Source: P.A. 89-647, eff. 1-1-97; 89-656, eff. 1-1-97; 89-689, | ||
eff.
12-31-96; 90-14, eff. 7-1-97; 90-793, eff. 8-14-98.)
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(720 ILCS 5/31-7) (from Ch. 38, par. 31-7)
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Sec. 31-7. Aiding escape.
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(a) Whoever, with intent to aid any prisoner in
escaping | ||
from any penal institution, conveys into the institution or
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transfers to the prisoner anything for use in escaping commits | ||
a Class A
misdemeanor.
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(b) Whoever knowingly aids a person convicted of a felony, | ||
or charged
with the commission of a felony, or charged with or | ||
adjudicated delinquent for an act which, if committed by an | ||
adult, would constitute a felony, in escaping from any penal | ||
institution or
from the custody of any employee of that | ||
institution commits a Class 2
felony; however, whoever | ||
knowingly aids a person convicted of a felony
or charged with | ||
the commission of a felony, or charged with or adjudicated | ||
delinquent for an act which, if committed by an adult, would | ||
constitute a felony, in failing to return from furlough
or from | ||
work and day release is guilty of a Class 3 felony.
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(c) Whoever knowingly aids a person convicted of a | ||
misdemeanor or
charged with the commission of a misdemeanor, or | ||
charged with or adjudicated delinquent for an act which, if | ||
committed by an adult, would constitute a misdemeanor, in | ||
escaping from any penal
institution or from the custody of an | ||
employee of that institution commits
a Class A misdemeanor; | ||
however, whoever knowingly aids a person convicted
of a | ||
misdemeanor or charged with the commission of a misdemeanor, or | ||
charged with or adjudicated delinquent for an act which, if | ||
committed by an adult, would constitute a misdemeanor, in | ||
failing
to return from furlough or from work and day release is | ||
guilty of a Class
B misdemeanor.
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(d) Whoever knowingly aids a person in escaping from any | ||
public
institution, other than a penal institution, in which he | ||
is lawfully
detained, or from the custody of an employee of | ||
that institution, commits a
Class A misdemeanor.
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(e) Whoever knowingly aids a person in the lawful custody | ||
of a peace
officer for the alleged commission of a felony | ||
offense or an act which, if committed by an adult, would | ||
constitute a felony, in escaping from
custody commits a Class 2 | ||
felony; however, whoever knowingly aids a
person in the lawful | ||
custody of a peace officer for the alleged commission of
a | ||
misdemeanor offense or an act which, if committed by an adult, | ||
would constitute a misdemeanor, in escaping from custody | ||
commits a Class A misdemeanor.
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(f) An officer or employee of any penal institution who | ||
recklessly
permits any prisoner in his custody to escape | ||
commits a Class A
misdemeanor.
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(f-5) With respect to a person in the lawful custody of a | ||
peace
officer for an alleged violation of a term or condition | ||
of probation,
conditional discharge, parole, or mandatory | ||
supervised release for a felony,
whoever intentionally aids | ||
that person to escape from that custody is guilty of
a Class 2 | ||
felony.
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(f-6) With respect to a person who is in the lawful custody | ||
of a peace
officer for an alleged violation of a term or | ||
condition of supervision,
probation, or conditional discharge | ||
for a misdemeanor, whoever intentionally
aids that person to | ||
escape from that custody is guilty of a Class A
misdemeanor.
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(g) A person who violates this Section while armed with a | ||
dangerous weapon
commits a Class 2 felony.
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(Source: P.A. 89-656, eff. 1-1-97; 89-689, eff. 12-31-96.)
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Section 10. The Unified Code of Corrections is amended by | ||
changing Section 5-8A-4.1 as follows:
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(730 ILCS 5/5-8A-4.1)
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Sec. 5-8A-4.1. Escape; failure to comply with a condition | ||
of the
electronic home monitoring detention program.
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(a) A person charged with or convicted of a felony,
or | ||
charged with or adjudicated delinquent for an act which, if | ||
committed by an adult, would constitute a felony, conditionally | ||
released from the supervising authority through an electronic
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home monitoring detention program, who knowingly violates a | ||
condition of the
electronic
home monitoring detention program | ||
is guilty of a Class 3 felony.
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(b) A person charged with or convicted of a misdemeanor,
or | ||
charged with or adjudicated delinquent for an act which, if | ||
committed by an adult, would constitute a misdemeanor, | ||
conditionally released from the supervising authority through | ||
an electronic
home monitoring detention program, who knowingly | ||
violates a condition of the
electronic
home monitoring | ||
detention program is guilty of a Class B misdemeanor.
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(c) A person who violates this Section while armed with a | ||
dangerous weapon
is guilty of a Class 1 felony.
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(Source: P.A. 89-647, eff. 1-1-97.)
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