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Judiciary II - Criminal Law Committee
Filed: 3/22/2007
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09500HB1450ham001 |
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LRB095 07359 RLC 33797 a |
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| AMENDMENT TO HOUSE BILL 1450
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| AMENDMENT NO. ______. Amend House Bill 1450 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Criminal Code of 1961 is amended by |
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| changing 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 |
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| or to report
for periodic imprisonment.
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| (a) A person convicted of a felony, adjudicated a |
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| delinquent minor for the commission of a felony offense under |
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| the Juvenile Court Act of 1987, or charged with the commission |
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| of a
felony who intentionally escapes from any penal |
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| institution or from the custody
of an employee of that |
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| institution commits a Class 2 felony; however, a person
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| convicted of a felony or adjudicated a delinquent minor for the |
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| commission of a felony offense under the Juvenile Court Act of |
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09500HB1450ham001 |
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LRB095 07359 RLC 33797 a |
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| 1987 who knowingly fails to report to a penal institution or
to |
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| report for periodic imprisonment at any time or knowingly fails |
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| to return
from furlough or from work and day release or who |
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| knowingly fails to abide
by the terms of home confinement is |
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| guilty of a Class 3 felony.
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| (b) A person convicted of a misdemeanor, adjudicated a |
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| delinquent minor for the commission of a misdemeanor offense |
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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 |
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| convicted
of a misdemeanor or adjudicated a delinquent minor |
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| for the commission of a misdemeanor offense under the Juvenile |
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| Court Act of 1987 who knowingly fails to report to a penal |
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| institution or to
report for periodic imprisonment at any time |
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| or knowingly fails to return from
furlough or from work and day |
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| release or who knowingly fails to abide by
the terms of home |
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| confinement is guilty of a Class B misdemeanor.
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| (b-1) A person committed to the Department of Human |
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| Services under the
provisions of the Sexually Violent Persons |
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| Commitment Act or in detention with
the Department of Human |
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| Services awaiting such a commitment who intentionally
escapes |
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| from any secure residential facility or from the custody of an |
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| 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 |
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| the alleged
commission of a felony offense and who |
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09500HB1450ham001 |
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LRB095 07359 RLC 33797 a |
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| intentionally escapes from custody
commits a Class 2 felony; |
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| however, a person in the lawful custody of a
peace officer for |
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| the alleged commission of a misdemeanor offense who
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| intentionally escapes from custody commits a Class A |
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| misdemeanor.
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| (c-5) A person in the lawful custody of a peace officer for |
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| an alleged
violation of a term or condition of probation, |
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| conditional discharge, parole,
or mandatory supervised release |
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| for a felony who intentionally escapes
from custody is guilty |
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| of a Class 2 felony.
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| (c-6) A person in the lawful custody of a peace officer for |
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| an alleged
violation of a term or condition of supervision, |
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| probation, or conditional
discharge for a misdemeanor who |
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| intentionally escapes from custody is
guilty of a Class A |
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| misdemeanor.
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| (d) A person who violates this Section
while armed with a |
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| 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, |
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| 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 |
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| from any penal institution, conveys into the institution or
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| transfers to the prisoner anything for use in escaping commits |
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| a Class A
misdemeanor.
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09500HB1450ham001 |
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LRB095 07359 RLC 33797 a |
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| (b) Whoever knowingly aids a person convicted of a felony, |
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| adjudicated a delinquent minor for the commission of a felony |
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| offense under the Juvenile Court Act of 1987, or charged
with |
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| the commission of a felony in escaping from any penal |
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| institution or
from the custody of any employee of that |
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| institution commits a Class 2
felony; however, whoever |
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| knowingly aids a person convicted of a felony, adjudicated a |
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| delinquent minor for the commission of a felony offense under |
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| the Juvenile Court Act of 1987,
or charged with the commission |
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| of a felony in failing to return from furlough
or from work and |
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| day release is guilty of a Class 3 felony.
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| (c) Whoever knowingly aids a person convicted of a |
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| misdemeanor, adjudicated a delinquent minor for the commission |
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| 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 |
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| from any penal
institution or from the custody of an employee |
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| of that institution commits
a Class A misdemeanor; however, |
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| whoever knowingly aids a person convicted
of a misdemeanor, |
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| adjudicated a delinquent minor for the commission of a |
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| misdemeanor offense under the Juvenile Court Act of 1987, or |
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| charged with the commission of a misdemeanor in failing
to |
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| return from furlough or from work and day release is guilty of |
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| a Class
B misdemeanor.
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| (d) Whoever knowingly aids a person in escaping from any |
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| public
institution, other than a penal institution, in which he |
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| is lawfully
detained, or from the custody of an employee of |
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09500HB1450ham001 |
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LRB095 07359 RLC 33797 a |
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| that institution, commits a
Class A misdemeanor.
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| (e) Whoever knowingly aids a person in the lawful custody |
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| of a peace
officer for the alleged commission of a felony |
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| offense in escaping from
custody commits a Class 2 felony; |
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| however, whoever knowingly aids a
person in the lawful custody |
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| of a peace officer for the alleged commission of
a misdemeanor |
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| offense in escaping from custody commits a Class A misdemeanor.
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| (f) An officer or employee of any penal institution who |
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| recklessly
permits any prisoner in his custody to escape |
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| commits a Class A
misdemeanor.
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| (f-5) With respect to a person in the lawful custody of a |
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| peace
officer for an alleged violation of a term or condition |
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| of probation,
conditional discharge, parole, or mandatory |
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| supervised release for a felony,
whoever intentionally aids |
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| that person to escape from that custody is guilty of
a Class 2 |
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| felony.
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| (f-6) With respect to a person who is in the lawful custody |
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| of a peace
officer for an alleged violation of a term or |
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| condition of supervision,
probation, or conditional discharge |
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| for a misdemeanor, whoever intentionally
aids that person to |
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| 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 |
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| 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 |