Full Text of HB5093 96th General Assembly
HB5093eng 96TH GENERAL ASSEMBLY
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HB5093 Engrossed |
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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 | 5 |
| 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 | 8 |
| or to report
for periodic imprisonment. | 9 |
| (a) A person convicted of a felony or charged with the | 10 |
| commission of a
felony, or charged with or adjudicated | 11 |
| delinquent for an act which, if committed by an adult, would | 12 |
| constitute a felony, who intentionally escapes from any penal | 13 |
| institution or from the custody
of an employee of that | 14 |
| institution commits a Class 2 felony; however, a person
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| convicted of a felony, or adjudicated delinquent for an act | 16 |
| which, if committed by an adult, would constitute a felony, who | 17 |
| knowingly fails to report to a penal institution or
to report | 18 |
| for periodic imprisonment at any time or knowingly fails to | 19 |
| return
from furlough or from work and day release or who | 20 |
| knowingly fails to abide
by the terms of home confinement is | 21 |
| 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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LRB096 18936 RLC 34324 b |
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| delinquent for an act which, if committed by an adult, would | 2 |
| 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 | 5 |
| convicted
of a misdemeanor, or adjudicated delinquent for an | 6 |
| act which, if committed by an adult, would constitute a | 7 |
| misdemeanor, who knowingly fails to report to a penal | 8 |
| institution or to
report for periodic imprisonment at any time | 9 |
| or knowingly fails to return from
furlough or from work and day | 10 |
| release or who knowingly fails to abide by
the terms of home | 11 |
| confinement is guilty of a Class B misdemeanor.
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| (b-1) A person committed to the Department of Human | 13 |
| Services charged with the commission of a felony and determined | 14 |
| unfit to stand trial under the provisions of Article 104 of the | 15 |
| Code of Criminal Procedure of 1963 or found not guilty by | 16 |
| reason of insanity of a felony under the provisions of Section | 17 |
| 5-2-4 of the Unified Code of Corrections who intentionally | 18 |
| escapes from any Department of Human Services facility or from | 19 |
| the custody of an employee of that facility commits a Class 2 | 20 |
| felony. A person committed to the Department of Human Services | 21 |
| charged with the commission of a misdemeanor and determined | 22 |
| unfit to stand trial under the provisions of Article 104 of the | 23 |
| Code of Criminal Procedure of 1963 or found not guilty by | 24 |
| reason of insanity of a misdemeanor under the provisions of | 25 |
| Section 5-2-4 of the Unified Code of Corrections who | 26 |
| intentionally escapes from any Department of Human Services |
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| facility or from the custody of an employee of that facility | 2 |
| commits a Class A misdemeanor. A person committed to the | 3 |
| Department of Human Services under the
provisions of the | 4 |
| Sexually Violent Persons Commitment Act or in detention with
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| the Department of Human Services awaiting such a commitment who | 6 |
| intentionally
escapes from any secure residential facility or | 7 |
| from the custody of an employee
of that facility commits a | 8 |
| Class 2 felony.
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| (c) A person in the lawful custody of a peace officer for | 10 |
| the alleged
commission of a felony offense or an act which, if | 11 |
| committed by an adult, would constitute a felony, and who | 12 |
| intentionally escapes from custody
commits a Class 2 felony; | 13 |
| however, a person in the lawful custody of a
peace officer for | 14 |
| the alleged commission of a misdemeanor offense or an act | 15 |
| which, if committed by an adult, would constitute a | 16 |
| misdemeanor, who
intentionally escapes from custody commits a | 17 |
| Class A misdemeanor.
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| (c-5) A person in the lawful custody of a peace officer for | 19 |
| an alleged
violation of a term or condition of probation, | 20 |
| conditional discharge, parole,
or mandatory supervised release | 21 |
| for a felony or an act which, if committed by an adult, would | 22 |
| constitute a felony, who intentionally escapes
from custody is | 23 |
| guilty of a Class 2 felony.
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| (c-6) A person in the lawful custody of a peace officer for | 25 |
| an alleged
violation of a term or condition of supervision, | 26 |
| probation, or conditional
discharge for a misdemeanor or an act |
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LRB096 18936 RLC 34324 b |
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| which, if committed by an adult, would constitute a | 2 |
| misdemeanor, who intentionally escapes from custody is
guilty | 3 |
| of a Class A misdemeanor.
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| (d) A person who violates this Section
while armed with a | 5 |
| 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; | 7 |
| 96-328, eff. 8-11-09.)
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