Public Act 095-0839
 
HB5230 Enrolled LRB095 15623 RLC 41624 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 1961 is amended by changing
Sections 31-6 and 31-7 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, adjudicated a
delinquent minor for the commission of a felony offense under
the Juvenile Court Act of 1987, or charged with the commission
of 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 a delinquent minor for the
commission of a felony offense under the Juvenile Court Act of
1987 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, adjudicated a
delinquent minor for the commission of a misdemeanor offense
under the Juvenile Court Act of 1987, or charged with the
commission of 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 a delinquent minor
for the commission of a misdemeanor offense under the Juvenile
Court Act of 1987 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 committed to the Department of Human
Services under the provisions of the Sexually Violent Persons
Commitment Act or in detention with the Department of Human
Services awaiting such a commitment who intentionally escapes
from any secure residential facility or from 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 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 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, or mandatory supervised release
for 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 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. 89-647, eff. 1-1-97; 89-656, eff. 1-1-97; 89-689,
eff. 12-31-96; 90-14, eff. 7-1-97; 90-793, eff. 8-14-98.)
 
    (720 ILCS 5/31-7)  (from Ch. 38, par. 31-7)
    Sec. 31-7. Aiding escape.
    (a) Whoever, with intent to aid any prisoner in escaping
from any penal institution, conveys into the institution or
transfers to the prisoner anything for use in escaping commits
a Class A misdemeanor.
    (b) Whoever knowingly aids a person convicted of a felony,
adjudicated a delinquent minor for the commission of a felony
offense under the Juvenile Court Act of 1987, or charged with
the commission of a felony in escaping from any penal
institution or from the custody of any employee of that
institution commits a Class 2 felony; however, whoever
knowingly aids a person convicted of a felony, adjudicated a
delinquent minor for the commission of a felony offense under
the Juvenile Court Act of 1987, or charged with the commission
of a felony in failing to return from furlough or from work and
day release is guilty of a Class 3 felony.
    (c) Whoever knowingly aids a person convicted of a
misdemeanor, adjudicated a delinquent minor for the commission
of a misdemeanor offense under the Juvenile Court Act of 1987,
or charged with the commission of a misdemeanor in escaping
from any penal institution or from the custody of an employee
of that institution commits a Class A misdemeanor; however,
whoever knowingly aids a person convicted of a misdemeanor,
adjudicated a delinquent minor for the commission of a
misdemeanor offense under the Juvenile Court Act of 1987, or
charged with the commission of a misdemeanor in failing to
return from furlough or from work and day release is guilty of
a Class B misdemeanor.
    (d) Whoever knowingly aids a person in escaping from any
public institution, other than a penal institution, in which he
is lawfully detained, or from the custody of an employee of
that institution, commits a Class A misdemeanor.
    (e) Whoever knowingly aids a person in the lawful custody
of a peace officer for the alleged commission of a felony
offense in escaping from custody commits a Class 2 felony;
however, whoever knowingly aids a person in the lawful custody
of a peace officer for the alleged commission of a misdemeanor
offense in escaping from custody commits a Class A misdemeanor.
    (f) An officer or employee of any penal institution who
recklessly permits any prisoner in his custody to escape
commits a Class A misdemeanor.
    (f-5) With respect to a person in the lawful custody of a
peace officer for an alleged violation of a term or condition
of probation, conditional discharge, parole, or mandatory
supervised release for a felony, whoever intentionally aids
that person to escape from that custody is guilty of a Class 2
felony.
    (f-6) With respect to a person who is 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, whoever intentionally aids that person to
escape from that custody is guilty of a Class A misdemeanor.
    (g) A person who violates this Section while armed with a
dangerous weapon commits a Class 1 2 felony.
(Source: P.A. 89-656, eff. 1-1-97; 89-689, eff. 12-31-96.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.