Full Text of HB5762 96th General Assembly
HB5762ham001 96TH GENERAL ASSEMBLY
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Judiciary II - Criminal Law Committee
Filed: 3/11/2010
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LRB096 19636 RLC 38675 a |
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| AMENDMENT TO HOUSE BILL 5762
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| AMENDMENT NO. ______. Amend House Bill 5762 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Child Murderer and Violent Offender Against | 5 |
| Youth Registration Act is amended by changing Section 5 as | 6 |
| follows: | 7 |
| (730 ILCS 154/5) | 8 |
| Sec. 5. Definitions. | 9 |
| (a) As used in this Act, "violent offender against youth" | 10 |
| means any person who is: | 11 |
| (1) charged pursuant to Illinois law, or any | 12 |
| substantially similar
federal, Uniform Code of Military | 13 |
| Justice, sister state, or foreign country
law,
with a | 14 |
| violent offense against youth set forth
in subsection (b) | 15 |
| of this Section or the attempt to commit an included | 16 |
| violent
offense against youth, and: |
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| (A) is convicted of such offense or an attempt to | 2 |
| commit such offense;
or | 3 |
| (B) is found not guilty by reason of insanity of | 4 |
| such offense or an
attempt to commit such offense; or | 5 |
| (C) is found not guilty by reason of insanity | 6 |
| pursuant to subsection (c) of Section
104-25 of the | 7 |
| Code of Criminal Procedure of 1963 of such offense or | 8 |
| an
attempt to commit such offense; or | 9 |
| (D) is the subject of a finding not resulting in an | 10 |
| acquittal at a
hearing conducted pursuant to | 11 |
| subsection (a) of Section 104-25 of the Code of | 12 |
| Criminal
Procedure of 1963 for the alleged commission | 13 |
| or attempted commission of such
offense; or | 14 |
| (E) is found not guilty by reason of insanity | 15 |
| following a hearing
conducted pursuant to a federal, | 16 |
| Uniform Code of Military Justice, sister
state, or | 17 |
| foreign country law
substantially similar to | 18 |
| subsection (c) of Section 104-25 of the Code of | 19 |
| Criminal Procedure
of 1963 of such offense or of the | 20 |
| attempted commission of such offense; or | 21 |
| (F) is the subject of a finding not resulting in an | 22 |
| acquittal at a
hearing conducted pursuant to a federal, | 23 |
| Uniform Code of Military Justice,
sister state, or | 24 |
| foreign country law
substantially similar to | 25 |
| subsection (c) of Section 104-25 of the Code of | 26 |
| Criminal Procedure
of 1963 for the alleged violation or |
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LRB096 19636 RLC 38675 a |
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| attempted commission of such offense;
or | 2 |
| (2) adjudicated a juvenile delinquent as the result of | 3 |
| committing or
attempting to commit an act which, if | 4 |
| committed by an adult, would constitute
any of the offenses | 5 |
| specified in subsection (b) or (c-5) of this Section or a
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| violation of any substantially similar federal, Uniform | 7 |
| Code of Military
Justice, sister state, or foreign
country | 8 |
| law, or found guilty under Article V of the Juvenile Court | 9 |
| Act of 1987
of committing or attempting to commit an act | 10 |
| which, if committed by an adult,
would constitute any of | 11 |
| the offenses specified in subsection (b) or (c-5) of
this | 12 |
| Section or a violation of any substantially similar | 13 |
| federal, Uniform Code
of Military Justice, sister state,
or | 14 |
| foreign country law. | 15 |
| Convictions that result from or are connected with the same | 16 |
| act, or result
from offenses committed at the same time, shall | 17 |
| be counted for the purpose of
this Act as one conviction. Any | 18 |
| conviction set aside pursuant to law is
not a conviction for | 19 |
| purposes of this Act. | 20 |
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For purposes of this Section, "convicted" shall have the | 21 |
| same meaning as
"adjudicated". For the purposes of this Act, a | 22 |
| person who is defined as a violent offender against youth as a | 23 |
| result of being adjudicated a juvenile delinquent under | 24 |
| paragraph (2) of this subsection (a) upon attaining 17 years of | 25 |
| age shall be considered as having committed the violent offense | 26 |
| against youth on or after the 17th birthday of the violent |
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| offender against youth. Registration of juveniles upon | 2 |
| attaining 17 years of age shall not extend the original | 3 |
| registration of 10 years from the date of conviction. | 4 |
| (b) As used in this Act, "violent offense against youth" | 5 |
| means: | 6 |
| (1) A violation of any of the following Sections of the
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| Criminal Code of 1961, when the victim is a person under 18 | 8 |
| years of age, the
defendant is not a parent of the victim, | 9 |
| and the offense was committed on or
after January 1, 1996: | 10 |
| 10-1 (kidnapping), | 11 |
| 10-2 (aggravated kidnapping), | 12 |
| 10-3 (unlawful restraint), | 13 |
| 10-3.1 (aggravated unlawful restraint). | 14 |
| An attempt to commit any of these offenses. | 15 |
| (2) First degree murder under Section 9-1 of the | 16 |
| Criminal Code of 1961,
when the victim was a person under | 17 |
| 18 years of age and the defendant was at least
17 years of | 18 |
| age at the time of the commission of the offense. | 19 |
| (3) Child abduction under paragraph (10) of subsection
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| (b) of Section 10-5 of the Criminal Code of 1961 committed | 21 |
| by luring or
attempting to lure a child under the age of 16 | 22 |
| into a motor vehicle, building,
house trailer, or dwelling | 23 |
| place without the consent of the parent or lawful
custodian | 24 |
| of the child for other than a lawful purpose and the | 25 |
| offense was
committed on or after January 1, 1998. | 26 |
| (4) A violation or attempted violation of any of the |
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LRB096 19636 RLC 38675 a |
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| following Sections
of the Criminal Code of 1961 when the | 2 |
| offense was committed on or after July
1, 1999: | 3 |
| 10-4 (forcible detention, if the victim is under 18 | 4 |
| years of age). | 5 |
| (4.1) Involuntary manslaughter under Section 9-3 of | 6 |
| the Criminal Code of 1961 where baby shaking was the | 7 |
| proximate cause of death of the victim of the offense. | 8 |
| (4.2) Endangering the life or health of a child under | 9 |
| Section 12-21.6 of the Criminal Code of 1961 that results | 10 |
| in the death of the child where baby shaking was the | 11 |
| proximate cause of the death of the child. | 12 |
| (5) A violation of any former law of this State | 13 |
| substantially equivalent
to any offense listed in this | 14 |
| subsection (b). | 15 |
| (c) A conviction for an offense of federal law, Uniform | 16 |
| Code of Military
Justice, or the law of another state
or a | 17 |
| foreign country that is substantially equivalent to any offense | 18 |
| listed
in subsections (b) and (c-5) of this Section shall
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| constitute a
conviction for the purpose
of this Act. | 20 |
| (c-5) A person at least 17 years of age at the time of the | 21 |
| commission of
the offense who is convicted of first degree | 22 |
| murder under Section 9-1 of the
Criminal Code of 1961, against | 23 |
| a person
under 18 years of age, shall be required to register
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| for natural life.
A conviction for an offense of federal, | 25 |
| Uniform Code of Military Justice,
sister state, or foreign | 26 |
| country law that is substantially equivalent to any
offense |
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| listed in this subsection (c-5) shall constitute a
conviction | 2 |
| for the purpose of this Act. This subsection (c-5) applies to a | 3 |
| person who committed the offense before June 1, 1996 only if | 4 |
| the person is incarcerated in an Illinois Department of | 5 |
| Corrections facility on August 20, 2004. | 6 |
| (d) As used in this Act, "law enforcement agency having | 7 |
| jurisdiction"
means the Chief of Police in each of the | 8 |
| municipalities in which the violent offender against youth
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| expects to reside, work, or attend school (1) upon his or her | 10 |
| discharge,
parole or release or
(2) during the service of his | 11 |
| or her sentence of probation or conditional
discharge, or the | 12 |
| Sheriff of the county, in the event no Police Chief exists
or | 13 |
| if the offender intends to reside, work, or attend school in an
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| unincorporated area.
"Law enforcement agency having | 15 |
| jurisdiction" includes the location where
out-of-state | 16 |
| students attend school and where out-of-state employees are
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| employed or are otherwise required to register. | 18 |
| (e) As used in this Act, "supervising officer" means the | 19 |
| assigned Illinois Department of Corrections parole agent or | 20 |
| county probation officer. | 21 |
| (f) As used in this Act, "out-of-state student" means any | 22 |
| violent
offender against youth who is enrolled in Illinois, on | 23 |
| a full-time or part-time
basis, in any public or private | 24 |
| educational institution, including, but not
limited to, any | 25 |
| secondary school, trade or professional institution, or
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| institution of higher learning. |
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| (g) As used in this Act, "out-of-state employee" means any | 2 |
| violent
offender against youth who works in Illinois, | 3 |
| regardless of whether the individual
receives payment for | 4 |
| services performed, for a period of time of 10 or more days
or | 5 |
| for an aggregate period of time of 30 or more days
during any | 6 |
| calendar year.
Persons who operate motor vehicles in the State | 7 |
| accrue one day of employment
time for any portion of a day | 8 |
| spent in Illinois. | 9 |
| (h) As used in this Act, "school" means any public or | 10 |
| private educational institution, including, but not limited | 11 |
| to, any elementary or secondary school, trade or professional | 12 |
| institution, or institution of higher education. | 13 |
| (i) As used in this Act, "fixed residence" means any and | 14 |
| all places that a violent offender against youth resides for an | 15 |
| aggregate period of time of 5 or more days in a calendar year.
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| (j) As used in this Act, "baby shaking" means the
vigorous | 17 |
| shaking of an infant or a young child that may result
in | 18 |
| bleeding inside the head and cause one or more of the
following | 19 |
| conditions: irreversible brain damage; blindness,
retinal | 20 |
| hemorrhage, or eye damage; cerebral palsy; hearing
loss; spinal | 21 |
| cord injury, including paralysis; seizures;
learning | 22 |
| disability; central nervous system injury; closed
head injury; | 23 |
| rib fracture; subdural hematoma; or death. | 24 |
| (Source: P.A. 94-945, eff. 6-27-06.)".
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