Full Text of HB1450 95th General Assembly
HB1450eng 95TH GENERAL ASSEMBLY
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HB1450 Engrossed |
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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 | 5 |
| 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 | 8 |
| or to report
for periodic imprisonment.
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| (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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| convicted of a felony or adjudicated a delinquent minor for the | 16 |
| commission of a felony offense under the Juvenile Court Act of | 17 |
| 1987 who knowingly fails to report to a penal institution or
to | 18 |
| report for periodic imprisonment at any time or knowingly fails | 19 |
| to return
from furlough or from work and day release or who | 20 |
| knowingly fails to abide
by the terms of home confinement is | 21 |
| guilty of a Class 3 felony.
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| (b) A person convicted of a misdemeanor , adjudicated a | 23 |
| delinquent minor for the commission of a misdemeanor offense |
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HB1450 Engrossed |
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| under the Juvenile Court Act of 1987, or charged with the
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| commission of 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 | 5 |
| convicted
of a misdemeanor or adjudicated a delinquent minor | 6 |
| for the commission of a misdemeanor offense under the Juvenile | 7 |
| Court Act of 1987 who knowingly fails to report to a penal | 8 |
| institution or to
report for periodic imprisonment at any time | 9 |
| or knowingly fails to return from
furlough or from work and day | 10 |
| release or who knowingly fails to abide by
the terms of home | 11 |
| confinement is guilty of a Class B misdemeanor.
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| (b-1) A person committed to the Department of Human | 13 |
| Services under the
provisions of the Sexually Violent Persons | 14 |
| Commitment Act or in detention with
the Department of Human | 15 |
| Services awaiting such a commitment who intentionally
escapes | 16 |
| from any secure residential facility or from the custody of an | 17 |
| 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 | 19 |
| the alleged
commission of a felony offense and who | 20 |
| intentionally escapes from custody
commits a Class 2 felony; | 21 |
| however, a person in the lawful custody of a
peace officer for | 22 |
| the alleged commission of a misdemeanor offense who
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| intentionally escapes from custody commits a Class A | 24 |
| misdemeanor.
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| (c-5) A person in the lawful custody of a peace officer for | 26 |
| an alleged
violation of a term or condition of probation, |
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| conditional discharge, parole,
or mandatory supervised release | 2 |
| for a felony who intentionally escapes
from custody is guilty | 3 |
| of a Class 2 felony.
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| (c-6) A person in the lawful custody of a peace officer for | 5 |
| an alleged
violation of a term or condition of supervision, | 6 |
| probation, or conditional
discharge for a misdemeanor who | 7 |
| intentionally escapes from custody is
guilty of a Class A | 8 |
| misdemeanor.
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| (d) A person who violates this Section
while armed with a | 10 |
| 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, | 12 |
| 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 | 16 |
| from any penal institution, conveys into the institution or
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| transfers to the prisoner anything for use in escaping commits | 18 |
| a Class A
misdemeanor.
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| (b) Whoever knowingly aids a person convicted of a felony, | 20 |
| adjudicated a delinquent minor for the commission of a felony | 21 |
| offense under the Juvenile Court Act of 1987, or charged
with | 22 |
| the commission of a felony in escaping from any penal | 23 |
| institution or
from the custody of any employee of that | 24 |
| institution commits a Class 2
felony; however, whoever | 25 |
| knowingly aids a person convicted of a felony , adjudicated a |
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HB1450 Engrossed |
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LRB095 07359 RLC 27500 b |
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| delinquent minor for the commission of a felony offense under | 2 |
| the Juvenile Court Act of 1987,
or charged with the commission | 3 |
| of a felony in failing to return from furlough
or from work and | 4 |
| day release is guilty of a Class 3 felony.
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| (c) Whoever knowingly aids a person convicted of a | 6 |
| misdemeanor , adjudicated a delinquent minor for the commission | 7 |
| of a misdemeanor offense under the Juvenile Court Act of 1987,
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| or
charged with the commission of a misdemeanor in escaping | 9 |
| from any penal
institution or from the custody of an employee | 10 |
| of that institution commits
a Class A misdemeanor; however, | 11 |
| whoever knowingly aids a person convicted
of a misdemeanor , | 12 |
| adjudicated a delinquent minor for the commission of a | 13 |
| misdemeanor offense under the Juvenile Court Act of 1987, or | 14 |
| charged with the commission of a misdemeanor in failing
to | 15 |
| return from furlough or from work and day release is guilty of | 16 |
| a Class
B misdemeanor.
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| (d) Whoever knowingly aids a person in escaping from any | 18 |
| public
institution, other than a penal institution, in which he | 19 |
| is lawfully
detained, or from the custody of an employee of | 20 |
| that institution, commits a
Class A misdemeanor.
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| (e) Whoever knowingly aids a person in the lawful custody | 22 |
| of a peace
officer for the alleged commission of a felony | 23 |
| offense in escaping from
custody commits a Class 2 felony; | 24 |
| however, whoever knowingly aids a
person in the lawful custody | 25 |
| of a peace officer for the alleged commission of
a misdemeanor | 26 |
| offense in escaping from custody commits a Class A misdemeanor.
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LRB095 07359 RLC 27500 b |
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| (f) An officer or employee of any penal institution who | 2 |
| recklessly
permits any prisoner in his custody to escape | 3 |
| commits a Class A
misdemeanor.
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| (f-5) With respect to a person in the lawful custody of a | 5 |
| peace
officer for an alleged violation of a term or condition | 6 |
| of probation,
conditional discharge, parole, or mandatory | 7 |
| supervised release for a felony,
whoever intentionally aids | 8 |
| that person to escape from that custody is guilty of
a Class 2 | 9 |
| felony.
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| (f-6) With respect to a person who is in the lawful custody | 11 |
| of a peace
officer for an alleged violation of a term or | 12 |
| condition of supervision,
probation, or conditional discharge | 13 |
| for a misdemeanor, whoever intentionally
aids that person to | 14 |
| 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 | 16 |
| 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 99. Effective date. This Act takes effect upon | 19 |
| becoming law.
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