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1 | AN ACT concerning violent offenders against youth.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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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)
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8 | Sec. 5. Definitions. | ||||||||||||||||||||||||
9 | (a) As used in this Act, "violent offender against youth" | ||||||||||||||||||||||||
10 | means any person who is:
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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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17 | (A) is convicted of such offense or an attempt to | ||||||||||||||||||||||||
18 | commit such offense;
or
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19 | (B) is found not guilty by reason of insanity of | ||||||||||||||||||||||||
20 | such offense or an
attempt to commit such offense; or
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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
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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
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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
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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
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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
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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:
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25 | (1) A violation of any of the following Sections of the
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26 | Criminal Code of 1961, when the victim is a person under 18 |
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1 | years of age , the
defendant is not a parent of the victim, | ||||||
2 | and the offense was committed on or
after January 1, 1996:
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3 | 10-1 (kidnapping),
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4 | 10-2 (aggravated kidnapping),
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5 | 10-3 (unlawful restraint),
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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).
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14 | An attempt to commit any of these offenses.
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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.
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19 | (3) Child abduction under paragraph (10) of subsection
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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.
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26 | (4) A violation or attempted violation of any of the |
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1 | following Sections
of the Criminal Code of 1961 when the | ||||||
2 | offense was committed on or after July
1, 1999:
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3 | 10-4 (forcible detention, if the victim is under 18 | ||||||
4 | years of age).
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5 | (5) A violation of any former law of this State | ||||||
6 | substantially equivalent
to any offense listed in this | ||||||
7 | subsection (b). | ||||||
8 | (c) A conviction for an offense of federal law, Uniform | ||||||
9 | Code of Military
Justice, or the law of another state
or a | ||||||
10 | foreign country that is substantially equivalent to any offense | ||||||
11 | listed
in subsections (b) and (c-5) of this Section shall
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12 | constitute a
conviction for the purpose
of this Act. | ||||||
13 | (c-5) A person at least 17 years of age at the time of the | ||||||
14 | commission of
the offense who is convicted of first degree | ||||||
15 | murder under Section 9-1 of the
Criminal Code of 1961, against | ||||||
16 | a person
under 18 years of age, shall be required to register
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17 | for natural life.
A conviction for an offense of federal, | ||||||
18 | Uniform Code of Military Justice,
sister state, or foreign | ||||||
19 | country law that is substantially equivalent to any
offense | ||||||
20 | listed in this subsection (c-5) shall constitute a
conviction | ||||||
21 | for the purpose of this Act. This subsection (c-5) applies to a | ||||||
22 | person who committed the offense before June 1, 1996 only if | ||||||
23 | the person is incarcerated in an Illinois Department of | ||||||
24 | Corrections facility on August 20, 2004. | ||||||
25 | (d) As used in this Act, "law enforcement agency having | ||||||
26 | jurisdiction"
means the Chief of Police in each of the |
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1 | municipalities in which the violent offender against youth
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2 | expects to reside, work, or attend school (1) upon his or her | ||||||
3 | discharge,
parole or release or
(2) during the service of his | ||||||
4 | or her sentence of probation or conditional
discharge, or the | ||||||
5 | Sheriff of the county, in the event no Police Chief exists
or | ||||||
6 | if the offender intends to reside, work, or attend school in an
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7 | unincorporated area.
"Law enforcement agency having | ||||||
8 | jurisdiction" includes the location where
out-of-state | ||||||
9 | students attend school and where out-of-state employees are
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10 | employed or are otherwise required to register. | ||||||
11 | (e) As used in this Act, "supervising officer" means the | ||||||
12 | assigned Illinois Department of Corrections parole agent or | ||||||
13 | county probation officer. | ||||||
14 | (f) As used in this Act, "out-of-state student" means any | ||||||
15 | violent
offender against youth who is enrolled in Illinois, on | ||||||
16 | a full-time or part-time
basis, in any public or private | ||||||
17 | educational institution, including, but not
limited to, any | ||||||
18 | secondary school, trade or professional institution, or
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19 | institution of higher learning. | ||||||
20 | (g) As used in this Act, "out-of-state employee" means any | ||||||
21 | violent
offender against youth who works in Illinois, | ||||||
22 | regardless of whether the individual
receives payment for | ||||||
23 | services performed, for a period of time of 10 or more days
or | ||||||
24 | for an aggregate period of time of 30 or more days
during any | ||||||
25 | calendar year.
Persons who operate motor vehicles in the State | ||||||
26 | accrue one day of employment
time for any portion of a day |
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1 | spent in Illinois. | ||||||
2 | (h) As used in this Act, "school" means any public or | ||||||
3 | private educational institution, including, but not limited | ||||||
4 | to, any elementary or secondary school, trade or professional | ||||||
5 | institution, or institution of higher education. | ||||||
6 | (i) As used in this Act, "fixed residence" means any and | ||||||
7 | all places that a violent offender against youth resides for an | ||||||
8 | aggregate period of time of 5 or more days in a calendar year.
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9 | (Source: P.A. 94-945, eff. 6-27-06.)
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10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.
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