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.