Illinois 95th Regular Session Status: Enacted

SB 2135 — CRIM CD&CD CORR-ESCAPE

Last action — Public Act . . . . . . . . . 95-0921

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 14, 2008. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Criminal Code of 1961. Provides that the offense of escape applies to a person charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a felony or misdemeanor. Amends the Unified Code of Corrections. Provides that the penalties for failure to comply with a condition of the electronic home monitoring detention program apply to a person charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a felony or misdemeanor.

Bill Text

What changed in the latest version

87 added · 26 removed

Plain-language change summary

The revised bill, SB 2135, has added new provisions concerning aiding prisoner escapes, specifically detailing the penalties for helping someone escape from a penal institution. It establishes that assisting a person convicted or charged with a felony results in more severe penalties, increasing the crime classification from a Class A misdemeanor to a Class 2 felony. This change matters because it enhances accountability and deterrence against aiding escapes, which could contribute to improved safety and order within correctional facilities. Additionally, the previous section regarding violations of electronic home monitoring programs has been removed, indicating a shift in focus towards penalizing escape assistance rather than monitoring conditions.

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Latest
SB2135 Engrossed LRB095 19482 RLC 45778 b AN ACT concerning criminal law.
SB2135 Enrolled LRB095 19482 RLC 45778 b AN ACT concerning criminal law.
The Criminal Code of 1961 is amended by changing Section 31-6 as follows:
The Criminal Code of 1961 is amended by changing Sections 31-6 and 31-7 as follows:
(b) A person convicted of a misdemeanor or charged with the commission of a misdemeanor, or charged with or adjudicated SB2135 Engrossed - 2 - LRB095 19482 RLC 45778 b 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;
(b) A person convicted of a misdemeanor or charged with the commission of a misdemeanor, or charged with or adjudicated SB2135 Enrolled - 2 - LRB095 19482 RLC 45778 b 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;
SB2135 Engrossed - 3 - LRB095 19482 RLC 45778 b (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.
SB2135 Enrolled - 3 - LRB095 19482 RLC 45778 b (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.
8-14-98.) Section 10.
8-14-98.) (720 ILCS 5/31-7) (from Ch.
The Unified Code of Corrections is amended by changing Section 5-8A-4.1 as follows:
38, par.
31-7) Sec.
31-7.
Aiding escape.
(a) Whoever, with intent to aid any prisoner in escaping from any penal institution, conveys into the institution or transfers to the prisoner anything for use in escaping commits a Class A misdemeanor.
(b) Whoever knowingly aids 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 SB2135 Enrolled - 4 - LRB095 19482 RLC 45778 b adult, would constitute a felony, in escaping from any penal institution or from the custody of any employee of that institution commits a Class 2 felony;
however, whoever knowingly aids 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, in failing to return from furlough or from work and day release is guilty of a Class 3 felony.
(c) Whoever knowingly aids 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, in escaping from any penal institution or from the custody of an employee of that institution commits a Class A misdemeanor;
however, whoever knowingly aids 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, in failing to return from furlough or from work and day release is guilty of a Class B misdemeanor.
(d) Whoever knowingly aids a person in escaping from any public institution, other than a penal institution, in which he is lawfully detained, or from the custody of an employee of that institution, commits a Class A misdemeanor.
(e) Whoever knowingly aids a person in the lawful custody of a peace officer for the alleged commission of a felony SB2135 Enrolled - 5 - LRB095 19482 RLC 45778 b offense or an act which, if committed by an adult, would constitute a felony, in escaping from custody commits a Class 2 felony;
however, whoever knowingly aids 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, in escaping from custody commits a Class A misdemeanor.
(f) An officer or employee of any penal institution who recklessly permits any prisoner in his custody to escape commits a Class A misdemeanor.
(f-5) With respect to 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, whoever intentionally aids that person to escape from that custody is guilty of a Class 2 felony.
(f-6) With respect to a person who is 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, whoever intentionally aids that person to escape from that custody is guilty of a Class A misdemeanor.
(g) A person who violates this Section while armed with a dangerous weapon commits a Class 2 felony.
(Source:
P.A.
89-656, eff.
1-1-97;
89-689, eff.
12-31-96.) Section 10.
The Unified Code of Corrections is amended by SB2135 Enrolled - 6 - LRB095 19482 RLC 45778 b changing Section 5-8A-4.1 as follows:
(a) A person charged with or convicted of a felony, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a felony, conditionally SB2135 Engrossed - 4 - LRB095 19482 RLC 45778 b released from the supervising authority through an electronic home monitoring detention program, who knowingly violates a condition of the electronic home monitoring detention program is guilty of a Class 3 felony.
(a) A person charged with or convicted of a felony, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a felony, conditionally released from the supervising authority through an electronic home monitoring detention program, who knowingly violates a condition of the electronic home monitoring detention program is guilty of a Class 3 felony.
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Action History

  1. Public Act . . . . . . . . . 95-0921

  2. Effective Date January 1, 2009

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Committee Amendment No. 1 Senate Concurs 055-000-000

  7. House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary Criminal Law; 008-000-000

  8. House Committee Amendment No. 1 Motion to Concur Rules Referred to Judiciary Criminal Law

  9. House Committee Amendment No. 1 Motion to Concur Referred to Rules

  10. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. John J. Millner

  11. Placed on Calendar Order of Concurrence House Amendment(s) 01-May 31, 2008

  12. Secretary's Desk - Concurrence House Amendment(s) 01

  13. Third Reading - Short Debate - Passed 094-018-002

  14. Placed on Calendar Order of 3rd Reading - Short Debate

  15. House Floor Amendment No. 2 Withdrawn by Rep. Suzanne Bassi

  16. House Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000

  17. Final Action Deadline Extended-9(b) May 31, 2008

  18. Added Alternate Chief Co-Sponsor Rep. Linda Chapa LaVia

  19. Held on Calendar Order of Second Reading - Short Debate

  20. Recalled to Second Reading - Short Debate

  21. House Floor Amendment No. 2 Referred to Rules Committee

  22. House Floor Amendment No. 2 Filed with Clerk by Rep. Suzanne Bassi

  23. Placed on Calendar Order of 3rd Reading - Short Debate

  24. Second Reading - Short Debate

  25. Placed on Calendar 2nd Reading - Short Debate

  26. Do Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 012-001-000

  27. House Committee Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote

  28. House Committee Amendment No. 1 Filed with Clerk by Judiciary II - Criminal Law Committee

  29. Committee Deadline Extended-Rule 9(b) May 23, 2008

  30. Assigned to Judiciary II - Criminal Law Committee

  31. Referred to Rules Committee

  32. First Reading

  33. Chief House Sponsor Rep. Harry R. Ramey, Jr.

  34. Added as Co-Sponsor Sen. Michael Noland

  35. Placed on Calendar Order of First Reading

  36. Arrived in House

  37. Senate Floor Amendment No. 1 Tabled Pursuant to Rule 5-4(a)

  38. Third Reading - Passed; 053-000-000

  39. Added as Chief Co-Sponsor Sen. Linda Holmes

  40. Placed on Calendar Order of 3rd Reading March 13, 2008

  41. Second Reading

  42. Senate Floor Amendment No. 1 Referred to Rules

  43. Senate Floor Amendment No. 1 Filed with Secretary by Sen. John J. Millner

  44. Placed on Calendar Order of 2nd Reading March 5, 2008

  45. Do Pass Judiciary Criminal Law; 010-000-000

  46. Assigned to Judiciary Criminal Law

  47. Referred to Rules

  48. First Reading

  49. Filed with Secretary by Sen. John J. Millner

Sponsors

  • John J. Millner · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 1 co-sponsors · 182 not signed on · 2 voted No

Sponsors (0)

None.

Co-sponsors (1)

  • John J. Millner

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence

Passed 55 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 45004
Democrat 9000
Republican 1000
Total 55004
% of votes cast 93%0%0%7%
How each member voted (59)
Member Party Vote
Halvorson — Yea
Kotowski — Yea
Link — Yea
Luechtefeld — Yea
Maloney — Not Voting
Meeks — Yea
Millner — Yea
Noland — Yea
Pankau — Yea
Brady — Yea
Radogno — Yea
Schoenberg — Yea
Silverstein — Yea
Steans — Yea
Sullivan — Yea
Munoz — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Cullerton — Yea
Watson — Yea
Jacobs — Yea
Jones, J. — Yea
Demuzio — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Frerichs — Yea
Haine — Not Voting
Hendon — Yea
Hultgren — Yea
Peterson — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Rutherford — Yea
Sandoval — Yea
Lauzen — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
Bond — Not Voting
Burzynski — Yea
Forby — Yea
Garrett — Not Voting
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 94 Yea · 18 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 841605
Democrat 6201
Republican 4000
Total 941806
% of votes cast 80%15%0%5%
How each member voted (118)
Member Party Vote
Graham — Nay
Hassert — Yea
Jakobsson — Yea
Jefferies — Yea
Nekritz — Yea
Jefferson — Nay
Krause — Yea
Leitch — Yea
Lindner — Yea
Mathias — Yea
McAuliffe — Yea
McCarthy — Yea
Reitz — Yea
Lyons — Yea
Dunn — Yea
Durkin — Yea
Eddy — Yea
Flider — Yea
Lang — Nay
McGuire — Yea
Madigan — Yea
Meyer — Yea
Moffitt — Yea
Bradley, John — Yea
Molaro — Nay
Bradley, Richard — Yea
Brady — Yea
Mitchell, Bill — Yea
Munson — Yea
Mitchell, Jerry — Yea
Myers — Yea
Burke — Yea
Sullivan — Yea
Phelps — Yea
Hannig — Yea
Schock — Yea
Scully — Yea
Sommer — Yea
Hernandez — Yea
Tryon — Yea
Turner — Nay
Verschoore — Yea
Howard — Yea
Wait — Yea
Washington — Yea
Winters — Yea
Harris — Nay
Coladipietro — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Dunkin — Nay
Flowers — Nay
Fortner — Yea
Franks — Yea
Froehlich — Yea
Gordon — Nay
Granberg — Yea
Hamos — Yea
Holbrook — Yea
Kosel — Yea
Davis, Monique — Nay
Watson — Not Voting
Yarbrough — Nay
Younge — Nay
Dugan — Not Voting
Golar — Not Voting
Osmond — Yea
Osterman — Not Voting
Patterson — Nay
Pihos — Yea
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Nay
Ryg — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Soto — Nay
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Biggins — Yea
Mautino — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Not Voting
Mendoza — Yea
Cole — Yea
Colvin — Nay
Coulson — Yea
Mulligan — Yea
Fritchey — Yea
Chapa LaVia — Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Nay
Lakesia Collins Democrat Nay
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Not Voting
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Third Reading

Passed 53 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 45004
Democrat 7002
Republican 1000
Total 53006
% of votes cast 90%0%0%10%
How each member voted (59)
Member Party Vote
Hultgren — Not Voting
Dillard — Yea
Forby — Yea
Link — Yea
Brady — Yea
Maloney — Yea
Meeks — Yea
Millner — Yea
Noland — Yea
Sullivan — Yea
Pankau — Yea
Munoz — Yea
Peterson — Yea
Radogno — Yea
Schoenberg — Yea
Cullerton — Yea
Watson — Yea
Jacobs — Yea
Jones, J. — Yea
Silverstein — Yea
Demuzio — Yea
Steans — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Clayborne — Yea
Cronin — Not Voting
Crotty — Yea
Dahl — Not Voting
DeLeo — Yea
Frerichs — Yea
Garrett — Yea
Haine — Yea
Halvorson — Yea
Hendon — Yea
Kotowski — Yea
Raoul — Yea
Righter — Not Voting
Risinger — Yea
Rutherford — Yea
Sandoval — Yea
Lauzen — Yea
Luechtefeld — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Not Voting
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Not Voting
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

public-safety
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Frequently asked questions

What does SB 2135 do?
Amends the Criminal Code of 1961. Provides that the offense of escape applies to a person charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a felony or misdemeanor. Amends the Unified Code of Corrections. Provides that the penalties for failure to comply with a condition of the electronic home monitoring detention program apply to a person charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a felony or misdemeanor.
Who sponsors SB 2135?
SB 2135 is sponsored by John J. Millner.
What is the current status of SB 2135?
This bill has been enacted into law. Introduced February 14, 2008. Enacted.
Where can I track SB 2135?
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