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| Public Act 098-0770 | ||||
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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 2012 is amended by changing | ||||
Section 31-6 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. | ||||
(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 in the custody of committed to the | ||
Department of Human Services under the
provisions of the | ||
Sexually Violent Persons Commitment Act under a detention | ||
order, commitment order, conditional release order, or other | ||
court order or in detention with
the Department of Human | ||
Services awaiting such a commitment who intentionally
escapes | ||
from any secure residential facility or from a Department | ||
employee or any of its agents 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, aftercare release,
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. 98-558, eff. 1-1-14.)
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