Illinois General Assembly - Full Text of Public Act 098-0770
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Public Act 098-0770


 

Public Act 0770 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0770
 
SB3332 EnrolledLRB098 17797 RLC 55399 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 2012 is amended by changing
Section 31-6 as follows:
 
    (720 ILCS 5/31-6)  (from Ch. 38, par. 31-6)
    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
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.
    (b) A person convicted of a misdemeanor or charged with the
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
penal institution or from the custody of an employee of that
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.
    (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.
    (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.
    (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.
    (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.
    (d) A person who violates this Section while armed with a
dangerous weapon commits a Class 1 felony.
(Source: P.A. 98-558, eff. 1-1-14.)

Effective Date: 1/1/2015