Full Text of SB2270 97th General Assembly
SB2270enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | 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: | 17 | | (A) is convicted of such offense or an attempt to | 18 | | commit such offense;
or | 19 | | (B) is found not guilty by reason of insanity of | 20 | | such offense or an
attempt to commit such offense; or | 21 | | (C) is found not guilty by reason of insanity | 22 | | pursuant to subsection (c) of Section
104-25 of the | 23 | | Code of Criminal Procedure of 1963 of such offense or |
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| 1 | | an
attempt to commit such offense; or | 2 | | (D) is the subject of a finding not resulting in an | 3 | | acquittal at a
hearing conducted pursuant to | 4 | | subsection (a) of Section 104-25 of the Code of | 5 | | Criminal
Procedure of 1963 for the alleged commission | 6 | | or attempted commission of such
offense; or | 7 | | (E) is found not guilty by reason of insanity | 8 | | following a hearing
conducted pursuant to a federal, | 9 | | Uniform Code of Military Justice, sister
state, or | 10 | | foreign country law
substantially similar to | 11 | | subsection (c) of Section 104-25 of the Code of | 12 | | Criminal Procedure
of 1963 of such offense or of the | 13 | | attempted commission of such offense; or | 14 | | (F) is the subject of a finding not resulting in an | 15 | | acquittal at 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 for the alleged violation or | 20 | | attempted commission of such offense;
or | 21 | | (2) adjudicated a juvenile delinquent as the result of | 22 | | committing or
attempting to commit an act which, if | 23 | | committed by an adult, would constitute
any of the offenses | 24 | | specified in subsection (b) or (c-5) of this Section or a
| 25 | | violation of any substantially similar federal, Uniform | 26 | | Code of Military
Justice, sister state, or foreign
country |
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| 1 | | law, or found guilty under Article V of the Juvenile Court | 2 | | Act of 1987
of committing or attempting to commit an act | 3 | | which, if committed by an adult,
would constitute any of | 4 | | the offenses specified in subsection (b) or (c-5) of
this | 5 | | Section or a violation of any substantially similar | 6 | | federal, Uniform Code
of Military Justice, sister state,
or | 7 | | foreign country law. | 8 | | Convictions that result from or are connected with the same | 9 | | act, or result
from offenses committed at the same time, shall | 10 | | be counted for the purpose of
this Act as one conviction. Any | 11 | | conviction set aside pursuant to law is
not a conviction for | 12 | | purposes of this Act. | 13 | |
For purposes of this Section, "convicted" shall have the | 14 | | same meaning as
"adjudicated". For the purposes of this Act, a | 15 | | person who is defined as a violent offender against youth as a | 16 | | result of being adjudicated a juvenile delinquent under | 17 | | paragraph (2) of this subsection (a) upon attaining 17 years of | 18 | | age shall be considered as having committed the violent offense | 19 | | against youth on or after the 17th birthday of the violent | 20 | | offender against youth. Registration of juveniles upon | 21 | | attaining 17 years of age shall not extend the original | 22 | | registration of 10 years from the date of conviction. | 23 | | (b) As used in this Act, "violent offense against youth" | 24 | | means: | 25 | | (1) A violation of any of the following Sections of the
| 26 | | Criminal Code of 1961, when the victim is a person under 18 |
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| 1 | | years of age and the offense was committed on or
after | 2 | | January 1, 1996: | 3 | | 10-1 (kidnapping), | 4 | | 10-2 (aggravated kidnapping), | 5 | | 10-3 (unlawful restraint), | 6 | | 10-3.1 (aggravated unlawful restraint) . , | 7 | | 12-3.2 (domestic battery), | 8 | | 12-3.3 (aggravated domestic battery), | 9 | | 12-4 (aggravated battery), | 10 | | 12-4.1 (heinous battery), | 11 | | 12-4.3 (aggravated battery of a child), | 12 | | 12-4.4 (aggravated battery of an unborn child), | 13 | | 12-33 (ritualized abuse of a child). | 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
| 20 | | (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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| 1 | | following Section Sections
of the Criminal Code of 1961 | 2 | | when the 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 | | (4.3) Domestic battery resulting in bodily harm under | 13 | | Section 12-3.2 of the Criminal Code of 1961 when the | 14 | | defendant was 18 years or older and the victim was under 18 | 15 | | years of age and the offense was committed on or after July | 16 | | 26, 2010. | 17 | | (4.4) A violation or attempted violation of any of the
| 18 | | following Sections or clauses of the Criminal Code of 1961 | 19 | | when the victim was under 18 years of age and the offense | 20 | | was committed on or after (1) July 26, 2000 if the | 21 | | defendant was 18 years of age or older or (2) July 26, 2010 | 22 | | and the defendant was under the age of 18: | 23 | | 12-3.3 (aggravated domestic battery), | 24 | | 12-4(a), 12-4(b)(1) or 12-4(b)(14) (aggravated | 25 | | battery), | 26 | | 12-4.1 (heinous battery), |
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| 1 | | 12-4.3 (aggravated battery of a child), | 2 | | 12-4.4 (aggravated battery of an unborn child), | 3 | | 12-33 (ritualized abuse of a child). | 4 | | (4.5) A violation or attempted violation of any of the
| 5 | | following Sections of the Criminal Code of 1961 when the | 6 | | victim was under 18 years of age and the offense was | 7 | | committed on or after (1) August 1, 2001 if the defendant | 8 | | was 18 years of age or older or (2) August 1, 2011 and the | 9 | | defendant was under the age of 18: | 10 | | 12-4.2 (aggravated battery with a firearm), | 11 | | 12-4.2-5 (aggravated battery with a machine gun), | 12 | | 12-11 (home invasion). | 13 | | (5) A violation of any former law of this State | 14 | | substantially equivalent
to any offense listed in this | 15 | | subsection (b). | 16 | | (c) A conviction for an offense of federal law, Uniform | 17 | | Code of Military
Justice, or the law of another state
or a | 18 | | foreign country that is substantially equivalent to any offense | 19 | | listed
in subsections (b) and (c-5) of this Section shall
| 20 | | constitute a
conviction for the purpose
of this Act. | 21 | | (c-5) A person at least 17 years of age at the time of the | 22 | | commission of
the offense who is convicted of first degree | 23 | | murder under Section 9-1 of the
Criminal Code of 1961, against | 24 | | a person
under 18 years of age, shall be required to register
| 25 | | for natural life.
A conviction for an offense of federal, | 26 | | Uniform Code of Military Justice,
sister state, or foreign |
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| 1 | | country law that is substantially equivalent to any
offense | 2 | | listed in this subsection (c-5) shall constitute a
conviction | 3 | | for the purpose of this Act. This subsection (c-5) applies to a | 4 | | person who committed the offense before June 1, 1996 only if | 5 | | the person is incarcerated in an Illinois Department of | 6 | | Corrections facility on August 20, 2004. | 7 | | (d) As used in this Act, "law enforcement agency having | 8 | | jurisdiction"
means the Chief of Police in each of the | 9 | | municipalities in which the violent offender against youth
| 10 | | expects to reside, work, or attend school (1) upon his or her | 11 | | discharge,
parole or release or
(2) during the service of his | 12 | | or her sentence of probation or conditional
discharge, or the | 13 | | Sheriff of the county, in the event no Police Chief exists
or | 14 | | if the offender intends to reside, work, or attend school in an
| 15 | | unincorporated area.
"Law enforcement agency having | 16 | | jurisdiction" includes the location where
out-of-state | 17 | | students attend school and where out-of-state employees are
| 18 | | employed or are otherwise required to register. | 19 | | (e) As used in this Act, "supervising officer" means the | 20 | | assigned Illinois Department of Corrections parole agent or | 21 | | county probation officer. | 22 | | (f) As used in this Act, "out-of-state student" means any | 23 | | violent
offender against youth who is enrolled in Illinois, on | 24 | | a full-time or part-time
basis, in any public or private | 25 | | educational institution, including, but not
limited to, any | 26 | | secondary school, trade or professional institution, or
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| 1 | | institution of higher learning. | 2 | | (g) As used in this Act, "out-of-state employee" means any | 3 | | violent
offender against youth who works in Illinois, | 4 | | regardless of whether the individual
receives payment for | 5 | | services performed, for a period of time of 10 or more days
or | 6 | | for an aggregate period of time of 30 or more days
during any | 7 | | calendar year.
Persons who operate motor vehicles in the State | 8 | | accrue one day of employment
time for any portion of a day | 9 | | spent in Illinois. | 10 | | (h) As used in this Act, "school" means any public or | 11 | | private educational institution, including, but not limited | 12 | | to, any elementary or secondary school, trade or professional | 13 | | institution, or institution of higher education. | 14 | | (i) As used in this Act, "fixed residence" means any and | 15 | | all places that a violent offender against youth resides for an | 16 | | aggregate period of time of 5 or more days in a calendar year.
| 17 | | (j) As used in this Act, "baby shaking" means the
vigorous | 18 | | shaking of an infant or a young child that may result
in | 19 | | bleeding inside the head and cause one or more of the
following | 20 | | conditions: irreversible brain damage; blindness,
retinal | 21 | | hemorrhage, or eye damage; cerebral palsy; hearing
loss; spinal | 22 | | cord injury, including paralysis; seizures;
learning | 23 | | disability; central nervous system injury; closed
head injury; | 24 | | rib fracture; subdural hematoma; or death. | 25 | | (Source: P.A. 96-1115, eff. 1-1-11; 96-1294, eff. 7-26-10; | 26 | | revised 9-2-10.)
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| 1 | | Section 99. Effective date. This Act takes effect August 1, | 2 | | 2011. |
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