Full Text of SB2135 95th General Assembly
SB2135 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB2135
Introduced 2/14/2008, by Sen. John J. Millner SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/31-6 |
from Ch. 38, par. 31-6 |
730 ILCS 5/5-8A-4.1 |
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Amends the Criminal Code of 1961. Provides that the offense of escape applies to a person charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a felony or misdemeanor. Amends the Unified Code of Corrections. Provides that the penalties for failure to comply with a condition of the
electronic home monitoring detention program apply to a person charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a felony or misdemeanor.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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SB2135 |
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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 | 5 |
| 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 | 8 |
| or to report
for periodic imprisonment.
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| (a) A person convicted of a felony or charged with the | 10 |
| commission of a
felony , or charged with or adjudicated | 11 |
| delinquent for an act which, if committed by an adult, would | 12 |
| constitute 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 delinquent for an act | 16 |
| which, if committed by an adult, would constitute a felony, who | 17 |
| knowingly fails to report to a penal institution or
to report | 18 |
| for periodic imprisonment at any time or knowingly fails to | 19 |
| 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 or charged with the
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| commission of a misdemeanor , or charged with or adjudicated |
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SB2135 |
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LRB095 19482 RLC 45778 b |
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| delinquent for an act which, if committed by an adult, would | 2 |
| 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 | 5 |
| convicted
of a misdemeanor , or adjudicated delinquent for an | 6 |
| act which, if committed by an adult, would constitute a | 7 |
| misdemeanor, 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 or an act which, if | 20 |
| committed by an adult, would constitute a felony, and who | 21 |
| intentionally escapes from custody
commits a Class 2 felony; | 22 |
| however, a person in the lawful custody of a
peace officer for | 23 |
| the alleged commission of a misdemeanor offense or an act | 24 |
| which, if committed by an adult, would constitute a | 25 |
| misdemeanor, who
intentionally escapes from custody commits a | 26 |
| Class A misdemeanor.
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SB2135 |
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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 | 2 |
| an alleged
violation of a term or condition of probation, | 3 |
| conditional discharge, parole,
or mandatory supervised release | 4 |
| for a felony or an act which, if committed by an adult, would | 5 |
| constitute a felony, who intentionally escapes
from custody is | 6 |
| guilty of a Class 2 felony.
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| (c-6) A person in the lawful custody of a peace officer for | 8 |
| an alleged
violation of a term or condition of supervision, | 9 |
| probation, or conditional
discharge for a misdemeanor or an act | 10 |
| which, if committed by an adult, would constitute a | 11 |
| misdemeanor, who intentionally escapes from custody is
guilty | 12 |
| of a Class A misdemeanor.
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| (d) A person who violates this Section
while armed with a | 14 |
| 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, | 16 |
| 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 | 18 |
| 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 | 21 |
| of the
electronic home monitoring detention program.
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| (a) A person charged with or convicted of a felony,
or | 23 |
| charged with or adjudicated delinquent for an act which, if | 24 |
| committed by an adult, would constitute a felony, conditionally |
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SB2135 |
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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 | 3 |
| condition of the
electronic
home monitoring detention program | 4 |
| is guilty of a Class 3 felony.
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| (b) A person charged with or convicted of a misdemeanor,
or | 6 |
| charged with or adjudicated delinquent for an act which, if | 7 |
| committed by an adult, would constitute a misdemeanor, | 8 |
| conditionally released from the supervising authority through | 9 |
| an electronic
home monitoring detention program, who knowingly | 10 |
| violates a condition of the
electronic
home monitoring | 11 |
| detention program is guilty of a Class B misdemeanor.
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| (c) A person who violates this Section while armed with a | 13 |
| 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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