Public Act 097-0432
 
SB2270 EnrolledLRB097 09626 RLC 50172 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Child Murderer and Violent Offender Against 
Youth Registration Act is amended  by changing Section 5 as 
follows:
 
    (730 ILCS 154/5)
    Sec. 5. Definitions. 
    (a) As used in this Act, "violent offender against youth" 
means any person who is:
        (1) charged pursuant to Illinois law, or any 
    substantially similar
federal, Uniform Code of Military 
    Justice, sister state, or foreign country
law,
with a 
    violent offense against youth set forth
in subsection (b) 
    of this Section or the attempt to commit an included 
    violent
offense against youth, and:
            (A) is convicted of such offense or an attempt to 
        commit such offense;
or
            (B) is found not guilty by reason of insanity of 
        such offense or an
attempt to commit such offense; or
            (C) is found not guilty by reason of insanity 
        pursuant to subsection (c) of Section
104-25 of the 
        Code of Criminal Procedure of 1963 of such offense or 
        an
attempt to commit such offense; or
            (D) is the subject of a finding not resulting in an 
        acquittal at a
hearing conducted pursuant to 
        subsection (a) of Section 104-25 of the Code of 
        Criminal
Procedure of 1963 for the alleged commission 
        or attempted commission of such
offense; or
            (E) is found not guilty by reason of insanity 
        following a hearing
conducted pursuant to a federal, 
        Uniform Code of Military Justice, sister
state, or 
        foreign country law
substantially similar to 
        subsection (c) of Section 104-25 of the Code of 
        Criminal Procedure
of 1963 of such offense or of the 
        attempted commission of such offense; or
            (F) is the subject of a finding not resulting in an 
        acquittal at a
hearing conducted pursuant to a federal, 
        Uniform Code of Military Justice,
sister state, or 
        foreign country law
substantially similar to 
        subsection (c) of Section 104-25 of the Code of 
        Criminal Procedure
of 1963 for the alleged violation or 
        attempted commission of such offense;
or
        (2) adjudicated a juvenile delinquent as the result of 
    committing or
attempting to commit an act which, if 
    committed by an adult, would constitute
any of the offenses 
    specified in subsection (b) or (c-5) of this Section or a

    violation of any substantially similar federal, Uniform 
    Code of Military
Justice, sister state, or foreign
country 
    law, or found guilty under Article V of the Juvenile Court 
    Act of 1987
of committing or attempting to commit an act 
    which, if committed by an adult,
would constitute any of 
    the offenses specified in subsection (b) or (c-5) of
this 
    Section or a violation of any substantially similar 
    federal, Uniform Code
of Military Justice, sister state,
or 
    foreign country law.
    Convictions that result from or are connected with the same 
act, or result
from offenses committed at the same time, shall 
be counted for the purpose of
this Act as one conviction.  Any 
conviction set aside pursuant to law is
not a conviction for 
purposes of this Act.
    
For purposes of this Section, "convicted" shall have the 
same meaning as
"adjudicated". For the purposes of this Act, a 
person who is defined as a violent offender against youth as a 
result of being adjudicated a juvenile delinquent under 
paragraph  (2) of this subsection (a) upon attaining 17 years of 
age shall be considered as having committed the violent offense  
against youth on or after the 17th birthday of the violent 
offender against youth. Registration of juveniles upon 
attaining 17 years of age shall not extend the original 
registration of 10 years from the date of conviction.
    (b) As used in this Act, "violent offense against youth" 
means:
        (1) A violation of any of the following Sections of the

    Criminal Code of 1961, when the victim is a person under 18 
    years of age and the offense was committed on or
after 
    January 1, 1996:
            10-1 (kidnapping),
            10-2 (aggravated kidnapping),
            10-3 (unlawful restraint),
            10-3.1 (aggravated unlawful restraint). ,
            12-3.2 (domestic battery), 
            12-3.3 (aggravated domestic battery), 
            12-4 (aggravated battery), 
            12-4.1 (heinous battery), 
            12-4.3 (aggravated battery of a child), 
            12-4.4 (aggravated battery of an unborn child), 
            12-33 (ritualized abuse of a child). 
            An attempt to commit any of these offenses.
        (2) First degree murder under Section 9-1 of the 
    Criminal Code of 1961,
when the victim was a person under 
    18 years of age and the defendant was at least
17 years of 
    age at the time of the commission of the offense.
        (3) Child abduction under paragraph (10) of subsection

    (b) of Section 10-5 of the Criminal Code of 1961 committed 
    by luring or
attempting to lure a child under the age of 16 
    into a motor vehicle, building,
house trailer, or dwelling 
    place without the consent of the parent or lawful
custodian 
    of the child for other than a lawful purpose and the 
    offense was
committed on or after January 1, 1998.
        (4) A violation or attempted violation of any of the 
    following Section Sections
of the Criminal Code of 1961 
    when the offense was committed on or after July
1, 1999:
            10-4 (forcible detention, if the victim is under 18 
        years of age).
        (4.1)  Involuntary manslaughter under Section 9-3 of 
    the Criminal Code of 1961  where baby shaking was the 
    proximate cause of death of the victim of the offense.
        (4.2)  Endangering the life or health of a child under 
    Section 12-21.6 of the Criminal Code of 1961 that results 
    in the death of the child where baby shaking was the 
    proximate cause of the death of the child. 
        (4.3) Domestic battery resulting in bodily harm under 
    Section 12-3.2 of the Criminal Code of 1961 when the 
    defendant was 18 years or older and the victim was under 18 
    years of age and the offense was committed on or after July 
    26, 2010.
        (4.4) A violation or attempted violation of any of the

    following Sections or clauses of the Criminal Code of 1961 
    when the victim was under 18 years of age and the offense 
    was committed on or after (1) July 26, 2000 if the 
    defendant was 18 years of age or older or (2) July 26, 2010 
    and the defendant was under the age of 18:
            12-3.3 (aggravated domestic battery),
            12-4(a), 12-4(b)(1) or 12-4(b)(14) (aggravated 
        battery),
            12-4.1 (heinous battery),
            12-4.3 (aggravated battery of a child),
            12-4.4 (aggravated battery of an unborn child),
            12-33 (ritualized abuse of a child).
        (4.5) A violation or attempted violation of any of the

    following Sections of the Criminal Code of 1961 when the 
    victim was under 18 years of age and the offense was 
    committed on or after (1) August 1, 2001 if the defendant 
    was 18 years of age or older or (2) August 1, 2011 and the 
    defendant was under the age of 18:
            12-4.2 (aggravated battery with a firearm),
            12-4.2-5 (aggravated battery with a machine gun),
            12-11 (home invasion). 
        (5) A violation of any former law of this State 
    substantially equivalent
to any offense listed in this 
    subsection (b).
    (c) A conviction for an offense of federal law, Uniform 
Code of Military
Justice, or the law of another state
or a 
foreign country that is substantially equivalent to any offense 
listed
in subsections (b) and (c-5) of this Section shall

constitute a
conviction for the purpose
of this Act.  
    (c-5) A person at least 17 years of age at the time of the 
commission of
the offense who is convicted of first degree 
murder under Section 9-1 of the
Criminal Code of 1961, against 
a person
under 18 years of age, shall be required to register

for natural life.
A conviction for an offense of federal, 
Uniform Code of Military Justice,
sister state, or foreign 
country law that is substantially equivalent to any
offense 
listed in this subsection (c-5) shall constitute a
conviction 
for the purpose of this Act. This subsection (c-5) applies to a 
person who committed the offense before June 1, 1996 only if 
the person is incarcerated in an Illinois Department of 
Corrections facility on August 20, 2004.
    (d) As used in this Act, "law enforcement agency having 
jurisdiction"
means the Chief of Police in each of the 
municipalities in which the violent offender against youth

expects to reside, work, or attend school (1) upon his or her 
discharge,
parole or release or
(2) during the service of his 
or her sentence of probation or conditional
discharge, or the 
Sheriff of the county, in the event no Police Chief exists
or 
if the offender intends to reside, work, or attend school in an

unincorporated area.
"Law enforcement agency having 
jurisdiction" includes the location where
out-of-state 
students attend school and where out-of-state employees are

employed or are otherwise required to register.
    (e) As used in this Act, "supervising officer" means the 
assigned Illinois Department of Corrections parole agent or 
county probation officer. 
    (f) As used in this Act, "out-of-state student" means any 
violent
offender against youth who is enrolled in Illinois, on 
a full-time or part-time
basis, in any public or private 
educational institution, including, but not
limited to, any 
secondary school, trade or professional institution, or

institution of higher learning.
    (g) As used in this Act, "out-of-state employee" means any 
violent
offender against youth who works in Illinois, 
regardless of whether the individual
receives payment for 
services performed, for a period of time of 10 or more days
or 
for an aggregate period of time of 30 or more days
during any 
calendar year.
Persons who operate motor vehicles in the State 
accrue one day of employment
time for any portion of a day 
spent in Illinois.
    (h) As used in this Act, "school" means any public or 
private educational institution, including, but not limited 
to, any elementary or secondary school, trade or professional 
institution, or institution of higher education.
    (i) As used in this Act, "fixed residence" means any and 
all places that a violent offender against youth resides for an 
aggregate period of time of 5 or more days in a calendar year.

    (j)  As used in this Act, "baby shaking" means the
vigorous 
shaking of an infant or a young child that may result
in 
bleeding inside the head and cause one or more of the
following 
conditions: irreversible brain damage; blindness,
retinal 
hemorrhage, or eye damage; cerebral palsy; hearing
loss; spinal 
cord injury, including paralysis; seizures;
learning 
disability; central nervous system injury; closed
head injury; 
rib fracture; subdural hematoma; or death. 
(Source: P.A. 96-1115, eff. 1-1-11; 96-1294, eff. 7-26-10; 
revised 9-2-10.)

 
    Section 99. Effective date. This Act takes effect August 1, 
2011.