Judiciary II - Criminal Law Committee
Adopted in House Comm. on May 15, 2008
 
 

 




 

 		












09500SB2135ham001

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AMENDMENT TO SENATE BILL 2135




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    AMENDMENT NO. ______. Amend Senate Bill 2135 on page 1, by 
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replacing line 5 with the following:
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"Sections 31-6 and 31-7 as follows:"; and

 
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on page 3, by inserting immediately below line 16 the 
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following:
 



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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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or charged
with the commission of a felony, or charged with or 
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adjudicated delinquent for an act which, if committed by an 
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adult, would constitute 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
or charged with 
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the 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, in failing to return from furlough
or from 
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work and 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 or
charged with the commission of a misdemeanor, or 
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charged with or adjudicated delinquent for an act which, if 
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committed by an adult, would constitute a misdemeanor, in 
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escaping from any penal
institution or from the custody of an 
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employee of that institution commits
a Class A misdemeanor; 
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however, whoever knowingly aids a person convicted
of a 
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misdemeanor or charged with the commission of a misdemeanor, or 
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charged with or adjudicated delinquent for an act which, if 
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committed by an adult, would constitute a misdemeanor, in 
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failing
to return from furlough or from work and day release is 
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guilty of 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 or an act which, if committed by an adult, would 
 


 






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constitute a felony, in escaping from
custody commits a Class 2 
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felony; however, whoever knowingly aids a
person in the lawful 
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custody of a peace officer for the alleged commission of
a 
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misdemeanor offense or an act which, if committed by an adult, 
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would constitute a misdemeanor, in escaping from custody 
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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.)".