Bill Text: IL SB2270 | 2011-2012 | 97th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Child Murderer and Violent Offender Against Youth Registration Act. Includes, in the definition of "violent offense against youth", aggravated battery with a firearm, aggravated battery with a machine gun, and home invasion. Provides that "violent offense against youth" does not include an adjudication or conviction for domestic battery when the defendant was less than 18 years of age. Provides that for the purposes of the registration requirements imposed by the Act, "violent offense against youth" does not include a misdemeanor offense added by Public Act 96-1294 when the conviction occurred prior to July 26, 2010 (the effective date of Public Act 96-1294).

Spectrum: Slight Partisan Bill (Democrat 5-2)

Status: (Passed) 2011-08-16 - Public Act . . . . . . . . . 97-0432 [SB2270 Detail]

Download: Illinois-2011-SB2270-Enrolled.html

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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

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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

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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

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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

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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),

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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

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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

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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.)

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