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| AN ACT concerning violent offenders against youth.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Child Murderer and Violent Offender Against |
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| Youth Registration Act is amended by changing Section 5 as |
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| follows: |
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| (730 ILCS 154/5)
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| Sec. 5. Definitions. |
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| (a) As used in this Act, "violent offender against youth" |
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| means any person who is:
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| (1) charged pursuant to Illinois law, or any |
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| substantially similar
federal, Uniform Code of Military |
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| Justice, sister state, or foreign country
law,
with a |
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| violent offense against youth set forth
in subsection (b) |
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| of this Section or the attempt to commit an included |
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| violent
offense against youth, and:
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| (A) is convicted of such offense or an attempt to |
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| commit such offense;
or
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| (B) is found not guilty by reason of insanity of |
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| such offense or an
attempt to commit such offense; or
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| (C) is found not guilty by reason of insanity |
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| pursuant to subsection (c) of Section
104-25 of the |
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| Code of Criminal Procedure of 1963 of such offense or |
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| an
attempt to commit such offense; or
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| (D) is the subject of a finding not resulting in an |
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| acquittal at a
hearing conducted pursuant to |
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| subsection (a) of Section 104-25 of the Code of |
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| Criminal
Procedure of 1963 for the alleged commission |
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| or attempted commission of such
offense; or
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| (E) is found not guilty by reason of insanity |
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| following a hearing
conducted pursuant to a federal, |
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| Uniform Code of Military Justice, sister
state, or |
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| foreign country law
substantially similar to |
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| subsection (c) of Section 104-25 of the Code of |
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| Criminal Procedure
of 1963 of such offense or of the |
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| attempted commission of such offense; or
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| (F) is the subject of a finding not resulting in an |
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| acquittal at a
hearing conducted pursuant to a federal, |
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| Uniform Code of Military Justice,
sister state, or |
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| foreign country law
substantially similar to |
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| subsection (c) of Section 104-25 of the Code of |
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| Criminal Procedure
of 1963 for the alleged violation or |
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| attempted commission of such offense;
or
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| (2) adjudicated a juvenile delinquent as the result of |
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| committing or
attempting to commit an act which, if |
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| committed by an adult, would constitute
any of the offenses |
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| specified in subsection (b) or (c-5) of this Section or a
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| violation of any substantially similar federal, Uniform |
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| Code of Military
Justice, sister state, or foreign
country |
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| law, or found guilty under Article V of the Juvenile Court |
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| Act of 1987
of committing or attempting to commit an act |
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| which, if committed by an adult,
would constitute any of |
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| the offenses specified in subsection (b) or (c-5) of
this |
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| Section or a violation of any substantially similar |
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| federal, Uniform Code
of Military Justice, sister state,
or |
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| foreign country law. |
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| Convictions that result from or are connected with the same |
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| act, or result
from offenses committed at the same time, shall |
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| be counted for the purpose of
this Act as one conviction. Any |
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| conviction set aside pursuant to law is
not a conviction for |
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| purposes of this Act. |
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|
For purposes of this Section, "convicted" shall have the |
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| same meaning as
"adjudicated". For the purposes of this Act, a |
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| person who is defined as a violent offender against youth as a |
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| result of being adjudicated a juvenile delinquent under |
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| paragraph (2) of this subsection (a) upon attaining 17 years of |
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| age shall be considered as having committed the violent offense |
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| against youth on or after the 17th birthday of the violent |
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| offender against youth. Registration of juveniles upon |
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| attaining 17 years of age shall not extend the original |
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| registration of 10 years from the date of conviction. |
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| (b) As used in this Act, "violent offense against youth" |
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| means:
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| (1) A violation of any of the following Sections of the
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| Criminal Code of 1961, when the victim is a person under 18 |
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| years of age , the
defendant is not a parent of the victim, |
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| and the offense was committed on or
after January 1, 1996:
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| 10-1 (kidnapping),
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| 10-2 (aggravated kidnapping),
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| 10-3 (unlawful restraint),
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| 10-3.1 (aggravated unlawful restraint) , . |
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| 12-3.2 (domestic battery), |
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| 12-3.3 (aggravated domestic battery), |
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| 12-4 (aggravated battery), |
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| 12-4.1 (heinous battery), |
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| 12-4.3 (aggravated battery of a child), |
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| 12-4.4 (aggravated battery of an unborn child), |
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| 12-33 (ritualized abuse of a child).
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| An attempt to commit any of these offenses.
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| (2) First degree murder under Section 9-1 of the |
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| Criminal Code of 1961,
when the victim was a person under |
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| 18 years of age and the defendant was at least
17 years of |
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| age at the time of the commission of the offense.
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| (3) Child abduction under paragraph (10) of subsection
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| (b) of Section 10-5 of the Criminal Code of 1961 committed |
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| by luring or
attempting to lure a child under the age of 16 |
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| into a motor vehicle, building,
house trailer, or dwelling |
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| place without the consent of the parent or lawful
custodian |
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| of the child for other than a lawful purpose and the |
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| offense was
committed on or after January 1, 1998.
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| (4) A violation or attempted violation of any of the |
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| following Sections
of the Criminal Code of 1961 when the |
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| offense was committed on or after July
1, 1999:
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| 10-4 (forcible detention, if the victim is under 18 |
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| years of age).
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| (5) A violation of any former law of this State |
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| substantially equivalent
to any offense listed in this |
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| subsection (b). |
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| (c) A conviction for an offense of federal law, Uniform |
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| Code of Military
Justice, or the law of another state
or a |
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| foreign country that is substantially equivalent to any offense |
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| listed
in subsections (b) and (c-5) of this Section shall
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| constitute a
conviction for the purpose
of this Act. |
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| (c-5) A person at least 17 years of age at the time of the |
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| commission of
the offense who is convicted of first degree |
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| murder under Section 9-1 of the
Criminal Code of 1961, against |
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| a person
under 18 years of age, shall be required to register
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| for natural life.
A conviction for an offense of federal, |
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| Uniform Code of Military Justice,
sister state, or foreign |
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| country law that is substantially equivalent to any
offense |
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| listed in this subsection (c-5) shall constitute a
conviction |
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| for the purpose of this Act. This subsection (c-5) applies to a |
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| person who committed the offense before June 1, 1996 only if |
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| the person is incarcerated in an Illinois Department of |
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| Corrections facility on August 20, 2004. |
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| (d) As used in this Act, "law enforcement agency having |
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| jurisdiction"
means the Chief of Police in each of the |
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| municipalities in which the violent offender against youth
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| expects to reside, work, or attend school (1) upon his or her |
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| discharge,
parole or release or
(2) during the service of his |
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| or her sentence of probation or conditional
discharge, or the |
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| Sheriff of the county, in the event no Police Chief exists
or |
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| if the offender intends to reside, work, or attend school in an
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| unincorporated area.
"Law enforcement agency having |
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| jurisdiction" includes the location where
out-of-state |
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| students attend school and where out-of-state employees are
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| employed or are otherwise required to register. |
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| (e) As used in this Act, "supervising officer" means the |
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| assigned Illinois Department of Corrections parole agent or |
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| county probation officer. |
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| (f) As used in this Act, "out-of-state student" means any |
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| violent
offender against youth who is enrolled in Illinois, on |
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| a full-time or part-time
basis, in any public or private |
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| educational institution, including, but not
limited to, any |
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| secondary school, trade or professional institution, or
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| institution of higher learning. |
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| (g) As used in this Act, "out-of-state employee" means any |
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| violent
offender against youth who works in Illinois, |
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| regardless of whether the individual
receives payment for |
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| services performed, for a period of time of 10 or more days
or |
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| for an aggregate period of time of 30 or more days
during any |
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| calendar year.
Persons who operate motor vehicles in the State |
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| accrue one day of employment
time for any portion of a day |
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| spent in Illinois. |
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| (h) As used in this Act, "school" means any public or |
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| private educational institution, including, but not limited |
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| to, any elementary or secondary school, trade or professional |
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| institution, or institution of higher education. |
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| (i) As used in this Act, "fixed residence" means any and |
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| all places that a violent offender against youth resides for an |
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| aggregate period of time of 5 or more days in a calendar year.
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| (Source: P.A. 94-945, eff. 6-27-06.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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