HB5093 96TH GENERAL ASSEMBLY

LRB096 18936 RLC 34324 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5093

Introduced 1/29/2010, by Rep. Randy Ramey, Jr.

SYNOPSIS AS INTRODUCED:

720 ILCS 5/31-6

from Ch. 38, par. 31-6

Amends the Criminal Code of 1961. Provides that a person committed to the Department of Human Services charged with the commission of a felony and determined unfit to stand trial or found not guilty by reason of insanity of a felony who intentionally escapes from any Department of Human Services facility or from the custody of an employee of that facility commits a Class 2 felony. Provides that a person committed to the Department of Human Services charged with the commission of a misdemeanor and determined unfit to stand trial or found not guilty by reason of insanity of a misdemeanor who intentionally escapes from any Department of Human Services facility or from the custody of an employee of that facility commits a Class A misdemeanor.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

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 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 committed to the Department of Human Services charged with the commission of a felony and determined unfit to stand trial under the provisions of Article 104 of the Code of Criminal Procedure of 1963 or found not guilty by reason of insanity of a felony under the provisions of Section 5-2-4 of the Unified Code of Corrections who intentionally escapes from any Department of Human Services facility or from the custody of an employee of that facility commits a Class 2 felony. A person committed to the Department of Human Services charged with the commission of a misdemeanor and determined unfit to stand trial under the provisions of Article 104 of the Code of Criminal Procedure of 1963 or found not guilty by reason of insanity of a misdemeanor under the provisions of Section 5-2-4 of the Unified Code of Corrections who intentionally escapes from any Department of Human Services facility or from the custody of an employee of that facility commits a Class A misdemeanor. 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 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, 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. 95-839, eff. 8-15-08; 95-921, eff. 1-1-09; 96-328, eff. 8-11-09.)