HB5230 Engrossed

LRB095 15623 RLC 41624 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 
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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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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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LRB095 15623 RLC 41624 b




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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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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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    (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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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 1 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 
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becoming law.