Illinois General Assembly - Full Text of Public Act 096-1115
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Public Act 096-1115


 

Public Act 1115 96TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 096-1115
 
HB5762 EnrolledLRB096 19636 RLC 35032 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, the defendant is not a parent of the victim,
    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).
            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 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.
        (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. 94-945, eff. 6-27-06.)

Effective Date: 1/1/2011