Judiciary II - Criminal Law Committee
Filed: 3/22/2007
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1 | AMENDMENT TO HOUSE BILL 1450
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2 | AMENDMENT NO. ______. Amend House Bill 1450 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Criminal Code of 1961 is amended by | ||||||
5 | changing Sections 31-6 and 31-7 as follows:
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6 | (720 ILCS 5/31-6) (from Ch. 38, par. 31-6)
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7 | Sec. 31-6. Escape; failure to report to a penal institution | ||||||
8 | or to report
for periodic imprisonment.
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9 | (a) A person convicted of a felony , adjudicated a | ||||||
10 | delinquent minor for the commission of a felony offense under | ||||||
11 | the Juvenile Court Act of 1987, or charged with the commission | ||||||
12 | of a
felony who intentionally escapes from any penal | ||||||
13 | institution or from the custody
of an employee of that | ||||||
14 | institution commits a Class 2 felony; however, a person
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15 | convicted of a felony or adjudicated a delinquent minor for the | ||||||
16 | commission of a felony offense under the Juvenile Court Act of |
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1 | 1987 who knowingly fails to report to a penal institution or
to | ||||||
2 | report for periodic imprisonment at any time or knowingly fails | ||||||
3 | to return
from furlough or from work and day release or who | ||||||
4 | knowingly fails to abide
by the terms of home confinement is | ||||||
5 | guilty of a Class 3 felony.
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6 | (b) A person convicted of a misdemeanor , adjudicated a | ||||||
7 | delinquent minor for the commission of a misdemeanor offense | ||||||
8 | under the Juvenile Court Act of 1987, or charged with the
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9 | commission of a misdemeanor who intentionally escapes from any
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10 | penal institution or from the custody of an employee of that
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11 | institution commits a Class A misdemeanor; however, a person | ||||||
12 | convicted
of a misdemeanor or adjudicated a delinquent minor | ||||||
13 | for the commission of a misdemeanor offense under the Juvenile | ||||||
14 | Court Act of 1987 who knowingly fails to report to a penal | ||||||
15 | institution or to
report for periodic imprisonment at any time | ||||||
16 | or knowingly fails to return from
furlough or from work and day | ||||||
17 | release or who knowingly fails to abide by
the terms of home | ||||||
18 | confinement is guilty of a Class B misdemeanor.
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19 | (b-1) A person committed to the Department of Human | ||||||
20 | Services under the
provisions of the Sexually Violent Persons | ||||||
21 | Commitment Act or in detention with
the Department of Human | ||||||
22 | Services awaiting such a commitment who intentionally
escapes | ||||||
23 | from any secure residential facility or from the custody of an | ||||||
24 | employee
of that facility commits a Class 2 felony.
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25 | (c) A person in the lawful custody of a peace officer for | ||||||
26 | the alleged
commission of a felony offense and who |
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1 | intentionally escapes from custody
commits a Class 2 felony; | ||||||
2 | however, a person in the lawful custody of a
peace officer for | ||||||
3 | the alleged commission of a misdemeanor offense who
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4 | intentionally escapes from custody commits a Class A | ||||||
5 | misdemeanor.
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6 | (c-5) A person in the lawful custody of a peace officer for | ||||||
7 | an alleged
violation of a term or condition of probation, | ||||||
8 | conditional discharge, parole,
or mandatory supervised release | ||||||
9 | for a felony who intentionally escapes
from custody is guilty | ||||||
10 | of a Class 2 felony.
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11 | (c-6) A person in the lawful custody of a peace officer for | ||||||
12 | an alleged
violation of a term or condition of supervision, | ||||||
13 | probation, or conditional
discharge for a misdemeanor who | ||||||
14 | intentionally escapes from custody is
guilty of a Class A | ||||||
15 | misdemeanor.
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16 | (d) A person who violates this Section
while armed with a | ||||||
17 | dangerous weapon commits a Class 1 felony.
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18 | (Source: P.A. 89-647, eff. 1-1-97; 89-656, eff. 1-1-97; 89-689, | ||||||
19 | eff.
12-31-96; 90-14, eff. 7-1-97; 90-793, eff. 8-14-98.)
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20 | (720 ILCS 5/31-7) (from Ch. 38, par. 31-7)
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21 | Sec. 31-7. Aiding escape.
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22 | (a) Whoever, with intent to aid any prisoner in
escaping | ||||||
23 | from any penal institution, conveys into the institution or
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24 | transfers to the prisoner anything for use in escaping commits | ||||||
25 | a Class A
misdemeanor.
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1 | (b) Whoever knowingly aids a person convicted of a felony, | ||||||
2 | adjudicated a delinquent minor for the commission of a felony | ||||||
3 | offense under the Juvenile Court Act of 1987, or charged
with | ||||||
4 | the commission of a felony in escaping from any penal | ||||||
5 | institution or
from the custody of any employee of that | ||||||
6 | institution commits a Class 2
felony; however, whoever | ||||||
7 | knowingly aids a person convicted of a felony , adjudicated a | ||||||
8 | delinquent minor for the commission of a felony offense under | ||||||
9 | the Juvenile Court Act of 1987,
or charged with the commission | ||||||
10 | of a felony in failing to return from furlough
or from work and | ||||||
11 | day release is guilty of a Class 3 felony.
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12 | (c) Whoever knowingly aids a person convicted of a | ||||||
13 | misdemeanor , adjudicated a delinquent minor for the commission | ||||||
14 | of a misdemeanor offense under the Juvenile Court Act of 1987,
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15 | or
charged with the commission of a misdemeanor in escaping | ||||||
16 | from any penal
institution or from the custody of an employee | ||||||
17 | of that institution commits
a Class A misdemeanor; however, | ||||||
18 | whoever knowingly aids a person convicted
of a misdemeanor , | ||||||
19 | adjudicated a delinquent minor for the commission of a | ||||||
20 | misdemeanor offense under the Juvenile Court Act of 1987, or | ||||||
21 | charged with the commission of a misdemeanor in failing
to | ||||||
22 | return from furlough or from work and day release is guilty of | ||||||
23 | a Class
B misdemeanor.
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24 | (d) Whoever knowingly aids a person in escaping from any | ||||||
25 | public
institution, other than a penal institution, in which he | ||||||
26 | is lawfully
detained, or from the custody of an employee of |
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1 | that institution, commits a
Class A misdemeanor.
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2 | (e) Whoever knowingly aids a person in the lawful custody | ||||||
3 | of a peace
officer for the alleged commission of a felony | ||||||
4 | offense in escaping from
custody commits a Class 2 felony; | ||||||
5 | however, whoever knowingly aids a
person in the lawful custody | ||||||
6 | of a peace officer for the alleged commission of
a misdemeanor | ||||||
7 | offense in escaping from custody commits a Class A misdemeanor.
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8 | (f) An officer or employee of any penal institution who | ||||||
9 | recklessly
permits any prisoner in his custody to escape | ||||||
10 | commits a Class A
misdemeanor.
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11 | (f-5) With respect to a person in the lawful custody of a | ||||||
12 | peace
officer for an alleged violation of a term or condition | ||||||
13 | of probation,
conditional discharge, parole, or mandatory | ||||||
14 | supervised release for a felony,
whoever intentionally aids | ||||||
15 | that person to escape from that custody is guilty of
a Class 2 | ||||||
16 | felony.
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17 | (f-6) With respect to a person who is in the lawful custody | ||||||
18 | of a peace
officer for an alleged violation of a term or | ||||||
19 | condition of supervision,
probation, or conditional discharge | ||||||
20 | for a misdemeanor, whoever intentionally
aids that person to | ||||||
21 | escape from that custody is guilty of a Class A
misdemeanor.
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22 | (g) A person who violates this Section while armed with a | ||||||
23 | dangerous weapon
commits a Class 2 felony.
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24 | (Source: P.A. 89-656, eff. 1-1-97; 89-689, eff. 12-31-96.)
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25 | Section 99. Effective date. This Act takes effect upon |
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1 | becoming law.".
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