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SB2135 Engrossed |
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LRB095 19482 RLC 45778 b |
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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 |
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| 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 |
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| or to report
for periodic imprisonment.
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| (a) A person convicted of a felony or charged with the |
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| commission of a
felony, or charged with or adjudicated |
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| delinquent for an act which, if committed by an adult, would |
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| constitute a felony, who intentionally escapes from any penal |
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| institution or from the custody
of an employee of that |
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| institution commits a Class 2 felony; however, a person
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| convicted of a felony, or adjudicated delinquent for an act |
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| which, if committed by an adult, would constitute a felony, who |
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| knowingly fails to report to a penal institution or
to report |
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| for periodic imprisonment at any time or knowingly fails to |
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| return
from furlough or from work and day release or who |
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| knowingly fails to abide
by the terms of home confinement is |
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| 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 |
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SB2135 Engrossed |
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LRB095 19482 RLC 45778 b |
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| delinquent for an act which, if committed by an adult, would |
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| 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 |
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| convicted
of a misdemeanor, or adjudicated delinquent for an |
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| act which, if committed by an adult, would constitute a |
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| misdemeanor, who knowingly fails to report to a penal |
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| institution or to
report for periodic imprisonment at any time |
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| or knowingly fails to return from
furlough or from work and day |
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| release or who knowingly fails to abide by
the terms of home |
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| confinement is guilty of a Class B misdemeanor.
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| (b-1) A person committed to the Department of Human |
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| Services under the
provisions of the Sexually Violent Persons |
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| Commitment Act or in detention with
the Department of Human |
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| Services awaiting such a commitment who intentionally
escapes |
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| from any secure residential facility or from the custody of an |
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| 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 |
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| the alleged
commission of a felony offense or an act which, if |
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| committed by an adult, would constitute a felony, and who |
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| intentionally escapes from custody
commits a Class 2 felony; |
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| however, a person in the lawful custody of a
peace officer for |
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| the alleged commission of a misdemeanor offense or an act |
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| which, if committed by an adult, would constitute a |
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| misdemeanor, who
intentionally escapes from custody commits a |
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| Class A misdemeanor.
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SB2135 Engrossed |
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LRB095 19482 RLC 45778 b |
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| (c-5) A person in the lawful custody of a peace officer for |
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| an alleged
violation of a term or condition of probation, |
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| conditional discharge, parole,
or mandatory supervised release |
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| for a felony or an act which, if committed by an adult, would |
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| constitute a felony, who intentionally escapes
from custody is |
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| guilty of a Class 2 felony.
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| (c-6) A person in the lawful custody of a peace officer for |
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| an alleged
violation of a term or condition of supervision, |
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| probation, or conditional
discharge for a misdemeanor or an act |
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| which, if committed by an adult, would constitute a |
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| misdemeanor, who intentionally escapes from custody is
guilty |
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| of a Class A misdemeanor.
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| (d) A person who violates this Section
while armed with a |
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| 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, |
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| eff.
12-31-96; 90-14, eff. 7-1-97; 90-793, eff. 8-14-98.)
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| Section 10. The Unified Code of Corrections is amended by |
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| 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 |
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| of the
electronic home monitoring detention program.
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| (a) A person charged with or convicted of a felony,
or |
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| charged with or adjudicated delinquent for an act which, if |
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| committed by an adult, would constitute a felony, conditionally |
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SB2135 Engrossed |
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LRB095 19482 RLC 45778 b |
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| released from the supervising authority through an electronic
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| home monitoring detention program, who knowingly violates a |
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| condition of the
electronic
home monitoring detention program |
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| is guilty of a Class 3 felony.
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| (b) A person charged with or convicted of a misdemeanor,
or |
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| charged with or adjudicated delinquent for an act which, if |
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| committed by an adult, would constitute a misdemeanor, |
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| conditionally released from the supervising authority through |
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| an electronic
home monitoring detention program, who knowingly |
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| violates a condition of the
electronic
home monitoring |
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| detention program is guilty of a Class B misdemeanor.
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| (c) A person who violates this Section while armed with a |
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| 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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