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HB5093 Engrossed |
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LRB096 18936 RLC 34324 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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| Section 31-6 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 or charged with the |
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| commission of a
felony, or charged with or adjudicated |
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| delinquent for an act which, if committed by an adult, would |
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| constitute 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 delinquent for an act |
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| which, if committed by an adult, would constitute a felony, who |
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| knowingly fails to report to a penal institution or
to report |
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| for periodic imprisonment at any time or knowingly fails to |
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| 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 or charged with the
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| commission of a misdemeanor, or charged with or adjudicated |
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HB5093 Engrossed |
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LRB096 18936 RLC 34324 b |
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| delinquent for an act which, if committed by an adult, would |
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| constitute 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 delinquent for an |
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| act which, if committed by an adult, would constitute a |
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| misdemeanor, 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 charged with the commission of a felony and determined |
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| unfit to stand trial under the provisions of Article 104 of the |
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| Code of Criminal Procedure of 1963 or found not guilty by |
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| reason of insanity of a felony under the provisions of Section |
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| 5-2-4 of the Unified Code of Corrections who intentionally |
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| escapes from any Department of Human Services facility or from |
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| the custody of an employee of that facility commits a Class 2 |
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| felony. A person committed to the Department of Human Services |
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| charged with the commission of a misdemeanor and determined |
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| unfit to stand trial under the provisions of Article 104 of the |
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| Code of Criminal Procedure of 1963 or found not guilty by |
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| reason of insanity of a misdemeanor under the provisions of |
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| Section 5-2-4 of the Unified Code of Corrections who |
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| intentionally escapes from any Department of Human Services |
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HB5093 Engrossed |
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LRB096 18936 RLC 34324 b |
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| facility or from the custody of an employee of that facility |
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| commits a Class A misdemeanor. A person committed to the |
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| Department of Human Services under the
provisions of the |
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| Sexually Violent Persons Commitment Act or in detention with
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| the Department of Human Services awaiting such a commitment who |
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| intentionally
escapes from any secure residential facility or |
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| from the custody of an employee
of that facility commits a |
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| 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 or an act which, if |
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| committed by an adult, would constitute a felony, 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 or an act |
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| which, if committed by an adult, would constitute a |
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| misdemeanor, who
intentionally escapes from custody commits a |
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| Class A 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 or an act which, if committed by an adult, would |
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| constitute a felony, who intentionally escapes
from custody is |
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| guilty 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 or an act |
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HB5093 Engrossed |
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LRB096 18936 RLC 34324 b |
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| which, if committed by an adult, would constitute a |
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| misdemeanor, who intentionally escapes from custody is
guilty |
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| of a Class A 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. 95-839, eff. 8-15-08; 95-921, eff. 1-1-09; |
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| 96-328, eff. 8-11-09.)
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