Illinois General Assembly - Full Text of HB3902
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Full Text of HB3902  102nd General Assembly

HB3902 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3902

 

Introduced 2/22/2021, by Rep. Camille Y. Lilly

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 154/5
730 ILCS 154/10
730 ILCS 154/40
730 ILCS 154/60

    Amends the Murderer and Violent Offender Against Youth Registration Act. Provides that the period of registration shall be 5 years (currently, 10 years). Provides that the period of extended registration imposed for failure to register shall be equal to the period during which the offender failed to register (currently, 10 years). Provides that if the period of registration is extended, a registered letter shall also be sent to the offender (currently, only to local law enforcement). Provides that the penalty for failure to register or providing false information is a Class B misdemeanor (currently, Class 3 felony), a second or subsequent violation is a Class A misdemeanor (currently, Class 2 felony).


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3902LRB102 16977 KMF 22395 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Murderer and Violent Offender Against Youth
5Registration Act is amended by changing Sections 5, 10, 40,
6and 60 as follows:
 
7    (730 ILCS 154/5)
8    Sec. 5. Definitions.
9    (a) As used in this Act, "violent offender against youth"
10means any person who is:
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:
17            (A) is convicted of such offense or an attempt to
18        commit such offense; or
19            (B) is found not guilty by reason of insanity of
20        such offense or an attempt to commit such offense; or
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
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
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
14            (F) is the subject of a finding not resulting in an
15        acquittal at a hearing conducted pursuant to a
16        federal, Uniform Code of Military Justice, sister
17        state, or 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
20        or attempted commission of such offense; or
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
24    offenses specified in subsection (b) or (c-5) of this
25    Section or a violation of any substantially similar
26    federal, Uniform Code of Military Justice, sister state,

 

 

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1    or foreign country law, or found guilty under Article V of
2    the Juvenile Court Act of 1987 of committing or attempting
3    to commit an act which, if committed by an adult, would
4    constitute any of the offenses specified in subsection (b)
5    or (c-5) of this Section or a violation of any
6    substantially similar federal, Uniform Code of Military
7    Justice, sister state, or foreign country law.
8    Convictions that result from or are connected with the
9same act, or result from offenses committed at the same time,
10shall be counted for the purpose of this Act as one conviction.
11Any conviction set aside pursuant to law is not a conviction
12for purposes of this Act.
13     For purposes of this Section, "convicted" shall have the
14same meaning as "adjudicated". For the purposes of this Act, a
15person who is defined as a violent offender against youth as a
16result of being adjudicated a juvenile delinquent under
17paragraph (2) of this subsection (a) upon attaining 17 years
18of age shall be considered as having committed the violent
19offense against youth on or after the 17th birthday of the
20violent offender against youth. Registration of juveniles upon
21attaining 17 years of age shall not extend the original
22registration of 10 years from the date of conviction.
23    (b) As used in this Act, "violent offense against youth"
24means:
25        (1) A violation of any of the following Sections of
26    the Criminal Code of 1961 or the Criminal Code of 2012,

 

 

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1    when the victim is a person under 18 years of age and the
2    offense was committed on or after January 1, 1996:
3            10-1 (kidnapping),
4            10-2 (aggravated kidnapping),
5            10-3 (unlawful restraint),
6            10-3.1 (aggravated unlawful restraint).
7            An attempt to commit any of these offenses.
8        (2) First degree murder under Section 9-1 of the
9    Criminal Code of 1961 or the Criminal Code of 2012, when
10    the victim was a person under 18 years of age and the
11    defendant was at least 17 years of age at the time of the
12    commission of the offense.
13        (3) Child abduction under paragraph (10) of subsection
14    (b) of Section 10-5 of the Criminal Code of 1961 or the
15    Criminal Code of 2012 committed by luring or attempting to
16    lure a child under the age of 16 into a motor vehicle,
17    building, house trailer, or dwelling place without the
18    consent of the parent or lawful custodian of the child for
19    other than a lawful purpose and the offense was committed
20    on or after January 1, 1998.
21        (4) A violation or attempted violation of the
22    following Section of the Criminal Code of 1961 or the
23    Criminal Code of 2012 when the offense was committed on or
24    after July 1, 1999:
25            10-4 (forcible detention, if the victim is under
26        18 years of age).

 

 

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1        (4.1) Involuntary manslaughter under Section 9-3 of
2    the Criminal Code of 1961 or the Criminal Code of 2012
3    where baby shaking was the proximate cause of death of the
4    victim of the offense.
5        (4.2) Endangering the life or health of a child under
6    Section 12-21.6 or 12C-5 of the Criminal Code of 1961 or
7    the Criminal Code of 2012 that results in the death of the
8    child where baby shaking was the proximate cause of the
9    death of the child.
10        (4.3) Domestic battery resulting in bodily harm under
11    Section 12-3.2 of the Criminal Code of 1961 or the
12    Criminal Code of 2012 when the defendant was 18 years or
13    older and the victim was under 18 years of age and the
14    offense was committed on or after July 26, 2010.
15        (4.4) A violation or attempted violation of any of the
16    following Sections or clauses of the Criminal Code of 1961
17    or the Criminal Code of 2012 when the victim was under 18
18    years of age and the offense was committed on or after (1)
19    July 26, 2000 if the defendant was 18 years of age or older
20    or (2) July 26, 2010 and the defendant was under the age of
21    18:
22            12-3.3 (aggravated domestic battery),
23            12-3.05(a)(1), 12-3.05(d)(2), 12-3.05(f)(1),
24        12-4(a), 12-4(b)(1), or 12-4(b)(14) (aggravated
25        battery),
26            12-3.05(a)(2) or 12-4.1 (heinous battery),

 

 

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1            12-3.05(b) or 12-4.3 (aggravated battery of a
2        child),
3            12-3.1(a-5) or 12-4.4 (aggravated battery of an
4        unborn child),
5            12-33 (ritualized abuse of a child).
6        (4.5) A violation or attempted violation of any of the
7    following Sections of the Criminal Code of 1961 or the
8    Criminal Code of 2012 when the victim was under 18 years of
9    age and the offense was committed on or after (1) August 1,
10    2001 if the defendant was 18 years of age or older or (2)
11    August 1, 2011 and the defendant was under the age of 18:
12            12-3.05(e)(1), (2), (3), or (4) or 12-4.2
13        (aggravated battery with a firearm),
14            12-3.05(e)(5), (6), (7), or (8) or 12-4.2-5
15        (aggravated battery with a machine gun),
16            12-11 or 19-6 (home invasion).
17        (5) A violation of any former law of this State
18    substantially equivalent to any offense listed in this
19    subsection (b).
20    (b-5) For the purposes of this Section, "first degree
21murder of an adult" means first degree murder under Section
229-1 of the Criminal Code of 1961 or the Criminal Code of 2012
23when the victim was a person 18 years of age or older at the
24time of the commission of the offense.
25    (c) A conviction for an offense of federal law, Uniform
26Code of Military Justice, or the law of another state or a

 

 

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1foreign country that is substantially equivalent to any
2offense listed in subsections (b) and (c-5) of this Section
3shall constitute a conviction for the purpose of this Act.
4    (c-5) A person at least 17 years of age at the time of the
5commission of the offense who is convicted of first degree
6murder under Section 9-1 of the Criminal Code of 1961 or the
7Criminal Code of 2012, against a person under 18 years of age,
8shall be required to register for natural life. A conviction
9for an offense of federal, Uniform Code of Military Justice,
10sister state, or foreign country law that is substantially
11equivalent to any offense listed in this subsection (c-5)
12shall constitute a conviction for the purpose of this Act.
13This subsection (c-5) applies to a person who committed the
14offense before June 1, 1996 only if the person is incarcerated
15in an Illinois Department of Corrections facility on August
1620, 2004.
17    (c-6) A person who is convicted or adjudicated delinquent
18of first degree murder of an adult shall be required to
19register for a period of 10 years after conviction or
20adjudication if not confined to a penal institution, hospital,
21or any other institution or facility, and if confined, for a
22period of 5 10 years after parole, discharge, or release from
23any such facility. A conviction for an offense of federal,
24Uniform Code of Military Justice, sister state, or foreign
25country law that is substantially equivalent to any offense
26listed in subsection (c-6) of this Section shall constitute a

 

 

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1conviction for the purpose of this Act. This subsection (c-6)
2does not apply to those individuals released from
3incarceration more than 10 years prior to January 1, 2012 (the
4effective date of Public Act 97-154).
5    (d) As used in this Act, "law enforcement agency having
6jurisdiction" means the Chief of Police in each of the
7municipalities in which the violent offender against youth
8expects to reside, work, or attend school (1) upon his or her
9discharge, parole or release or (2) during the service of his
10or her sentence of probation or conditional discharge, or the
11Sheriff of the county, in the event no Police Chief exists or
12if the offender intends to reside, work, or attend school in an
13unincorporated area. "Law enforcement agency having
14jurisdiction" includes the location where out-of-state
15students attend school and where out-of-state employees are
16employed or are otherwise required to register.
17    (e) As used in this Act, "supervising officer" means the
18assigned Illinois Department of Corrections parole agent or
19county probation officer.
20    (f) As used in this Act, "out-of-state student" means any
21violent offender against youth who is enrolled in Illinois, on
22a full-time or part-time basis, in any public or private
23educational institution, including, but not limited to, any
24secondary school, trade or professional institution, or
25institution of higher learning.
26    (g) As used in this Act, "out-of-state employee" means any

 

 

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1violent offender against youth who works in Illinois,
2regardless of whether the individual receives payment for
3services performed, for a period of time of 10 or more days or
4for an aggregate period of time of 30 or more days during any
5calendar year. Persons who operate motor vehicles in the State
6accrue one day of employment time for any portion of a day
7spent in Illinois.
8    (h) As used in this Act, "school" means any public or
9private educational institution, including, but not limited
10to, any elementary or secondary school, trade or professional
11institution, or institution of higher education.
12    (i) As used in this Act, "fixed residence" means any and
13all places that a violent offender against youth resides for
14an aggregate period of time of 5 or more days in a calendar
15year.
16    (j) As used in this Act, "baby shaking" means the vigorous
17shaking of an infant or a young child that may result in
18bleeding inside the head and cause one or more of the following
19conditions: irreversible brain damage; blindness, retinal
20hemorrhage, or eye damage; cerebral palsy; hearing loss;
21spinal cord injury, including paralysis; seizures; learning
22disability; central nervous system injury; closed head injury;
23rib fracture; subdural hematoma; or death.
24(Source: P.A. 96-1115, eff. 1-1-11; 96-1294, eff. 7-26-10;
2597-154, eff. 1-1-12; 97-333, eff. 8-12-11; 97-432, eff.
268-16-11; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150,

 

 

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1eff. 1-25-13.)
 
2    (730 ILCS 154/10)
3    Sec. 10. Duty to register.
4    (a) A violent offender against youth shall, within the
5time period prescribed in subsections (b) and (c), register in
6person and provide accurate information as required by the
7Illinois Department of State Police. Such information shall
8include a current photograph, current address, current place
9of employment, the employer's telephone number, school
10attended, extensions of the time period for registering as
11provided in this Act and, if an extension was granted, the
12reason why the extension was granted and the date the violent
13offender against youth was notified of the extension. A person
14who has been adjudicated a juvenile delinquent for an act
15which, if committed by an adult, would be a violent offense
16against youth shall register as an adult violent offender
17against youth within 10 days after attaining 17 years of age.
18The violent offender against youth shall register:
19        (1) with the chief of police in the municipality in
20    which he or she resides or is temporarily domiciled for a
21    period of time of 5 or more days, unless the municipality
22    is the City of Chicago, in which case he or she shall
23    register at a fixed location designated by the
24    Superintendent of the Chicago Police Department; or
25        (2) with the sheriff in the county in which he or she

 

 

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1    resides or is temporarily domiciled for a period of time
2    of 5 or more days in an unincorporated area or, if
3    incorporated, no police chief exists.
4    If the violent offender against youth is employed at or
5attends an institution of higher education, he or she shall
6register:
7        (i) with the chief of police in the municipality in
8    which he or she is employed at or attends an institution of
9    higher education, unless the municipality is the City of
10    Chicago, in which case he or she shall register at a fixed
11    location designated by the Superintendent of the Chicago
12    Police Department; or
13        (ii) with the sheriff in the county in which he or she
14    is employed or attends an institution of higher education
15    located in an unincorporated area, or if incorporated, no
16    police chief exists.
17    For purposes of this Act, the place of residence or
18temporary domicile is defined as any and all places where the
19violent offender against youth resides for an aggregate period
20of time of 5 or more days during any calendar year. Any person
21required to register under this Act who lacks a fixed address
22or temporary domicile must notify, in person, the agency of
23jurisdiction of his or her last known address within 5 days
24after ceasing to have a fixed residence.
25    Any person who lacks a fixed residence must report weekly,
26in person, with the sheriff's office of the county in which he

 

 

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1or she is located in an unincorporated area, or with the chief
2of police in the municipality in which he or she is located.
3The agency of jurisdiction will document each weekly
4registration to include all the locations where the person has
5stayed during the past 7 days.
6    The violent offender against youth shall provide accurate
7information as required by the Illinois Department of State
8Police. That information shall include the current place of
9employment of the violent offender against youth.
10    (a-5) An out-of-state student or out-of-state employee
11shall, within 5 days after beginning school or employment in
12this State, register in person and provide accurate
13information as required by the Illinois Department of State
14Police. Such information will include current place of
15employment, school attended, and address in state of
16residence. The out-of-state student or out-of-state employee
17shall register:
18        (1) with the chief of police in the municipality in
19    which he or she attends school or is employed for a period
20    of time of 5 or more days or for an aggregate period of
21    time of more than 30 days during any calendar year, unless
22    the municipality is the City of Chicago, in which case he
23    or she shall register at a fixed location designated by
24    the Superintendent of the Chicago Police Department; or
25        (2) with the sheriff in the county in which he or she
26    attends school or is employed for a period of time of 5 or

 

 

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1    more days or for an aggregate period of time of more than
2    30 days during any calendar year in an unincorporated area
3    or, if incorporated, no police chief exists.
4    The out-of-state student or out-of-state employee shall
5provide accurate information as required by the Illinois
6Department of State Police. That information shall include the
7out-of-state student's current place of school attendance or
8the out-of-state employee's current place of employment.
9    (b) Any violent offender against youth regardless of any
10initial, prior, or other registration, shall, within 5 days of
11beginning school, or establishing a residence, place of
12employment, or temporary domicile in any county, register in
13person as set forth in subsection (a) or (a-5).
14    (c) The registration for any person required to register
15under this Act shall be as follows:
16        (1) Except as provided in paragraph (3) of this
17    subsection (c), any person who has not been notified of
18    his or her responsibility to register shall be notified by
19    a criminal justice entity of his or her responsibility to
20    register. Upon notification the person must then register
21    within 5 days of notification of his or her requirement to
22    register. If notification is not made within the
23    offender's 5 10 year registration requirement, and the
24    Illinois Department of State Police determines no evidence
25    exists or indicates the offender attempted to avoid
26    registration, the offender will no longer be required to

 

 

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1    register under this Act.
2        (2) Except as provided in paragraph (3) of this
3    subsection (c), any person convicted on or after the
4    effective date of this Act shall register in person within
5    5 days after the entry of the sentencing order based upon
6    his or her conviction.
7        (3) Any person unable to comply with the registration
8    requirements of this Act because he or she is confined,
9    institutionalized, or imprisoned in Illinois on or after
10    the effective date of this Act shall register in person
11    within 5 days of discharge, parole or release.
12        (4) The person shall provide positive identification
13    and documentation that substantiates proof of residence at
14    the registering address.
15        (5) The person shall pay a $20 initial registration
16    fee and a $10 annual renewal fee. The fees shall be
17    deposited into the Offender Registration Fund. The fees
18    shall be used by the registering agency for official
19    purposes. The agency shall establish procedures to
20    document receipt and use of the funds. The law enforcement
21    agency having jurisdiction may waive the registration fee
22    if it determines that the person is indigent and unable to
23    pay the registration fee.
24    (d) Within 5 days after obtaining or changing employment,
25a person required to register under this Section must report,
26in person to the law enforcement agency having jurisdiction,

 

 

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1the business name and address where he or she is employed. If
2the person has multiple businesses or work locations, every
3business and work location must be reported to the law
4enforcement agency having jurisdiction.
5(Source: P.A. 101-571, eff. 8-23-19.)
 
6    (730 ILCS 154/40)
7    Sec. 40. Duration of registration. A person who becomes
8subject to registration under this Article who has previously
9been subject to registration under this Article or under the
10Sex Offender Registration Act or similar registration
11requirements of other jurisdictions shall register for the
12period of his or her natural life if not confined to a penal
13institution, hospital, or other institution or facility, and
14if confined, for the period of his or her natural life after
15parole, discharge, or release from any such facility. Any
16other person who is required to register under this Act shall
17be required to register for a period of 5 10 years after
18conviction or adjudication if not confined to a penal
19institution, hospital or any other institution or facility,
20and if confined, for a period of 10 years after parole,
21discharge or release from any such facility. A violent
22offender against youth who is allowed to leave a county,
23State, or federal facility for the purposes of work release,
24education, or overnight visitations shall be required to
25register within 5 days of beginning such a program. Liability

 

 

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1for registration terminates at the expiration of 5 10 years
2from the date of conviction or adjudication if not confined to
3a penal institution, hospital or any other institution or
4facility and if confined, at the expiration of 5 10 years from
5the date of parole, discharge or release from any such
6facility, providing such person does not, during that period,
7again become liable to register under the provisions of this
8Act. Reconfinement due to a violation of parole or other
9circumstances that relates to the original conviction or
10adjudication shall extend the period of registration to 10
11years after final parole, discharge, or release. The Director
12of the Illinois State Police, consistent with administrative
13rules, shall extend for 5 10 years the registration period of
14any violent offender against youth who fails to comply with
15the provisions of this Act. The registration period for any
16violent offender against youth who fails to comply with any
17provision of the Act shall extend the period of registration
18by the length of the period of time during which the person was
19not registered 10 years beginning from the first date of
20registration after the violation. If the registration period
21is extended, the Illinois Department of State Police shall
22send a registered letter to the violent offender and to the law
23enforcement agency where the violent offender against youth
24resides within 3 days after the extension of the registration
25period. The violent offender against youth shall report to
26that law enforcement agency and sign for that letter. One copy

 

 

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1of that letter shall be kept on file with the law enforcement
2agency of the jurisdiction where the violent offender against
3youth resides and one copy shall be returned to the Illinois
4Department of State Police.
5(Source: P.A. 94-945, eff. 6-27-06; 95-169, eff. 8-14-07.)
 
6    (730 ILCS 154/60)
7    Sec. 60. Penalty. Any person who is required to register
8under this Act who violates any of the provisions of this Act
9and any person who is required to register under this Act who
10seeks to change his or her name under Article XXI of the Code
11of Civil Procedure is guilty of a Class B misdemeanor 3 felony.
12Any person who is convicted for a violation of this Act for a
13second or subsequent time is guilty of a Class A misdemeanor 2
14felony. Any person who is required to register under this Act
15who knowingly or willfully gives material information required
16by this Act that is false is guilty of a Class B misdemeanor 3
17felony. Any person convicted of a violation of any provision
18of this Act shall, in addition to any other penalty required by
19law, be required to serve a minimum period of 7 days
20confinement in the local county jail. The court shall impose a
21mandatory minimum fine of $500 for failure to comply with any
22provision of this Act. These fines shall be deposited into the
23Offender Registration Fund. Any violent offender against youth
24who violates any provision of this Act may be arrested and
25tried in any Illinois county where the violent offender

 

 

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1against youth can be located. The local police department or
2sheriff's office is not required to determine whether the
3person is living within its jurisdiction.
4(Source: P.A. 101-571, eff. 8-23-19.)