Bill Text: IL HB3887 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: 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).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-10 - Rule 19(a) / Re-referred to Rules Committee [HB3887 Detail]

Download: Illinois-2023-HB3887-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3887 Introduced , 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).
LRB103 31019 RLC 57636 b
A BILL FOR
HB3887 LRB103 31019 RLC 57636 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 Murderer and Violent Offender Against Youth
Registration Act is amended by changing Sections 5, 10, 40,
and 60 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

HB3887 - 2 - LRB103 31019 RLC 57636 b
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,

HB3887 - 3 - LRB103 31019 RLC 57636 b
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 or the Criminal Code of 2012,

HB3887 - 4 - LRB103 31019 RLC 57636 b
when the victim is a person under 18 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).
An attempt to commit any of these offenses.
(2) First degree murder under Section 9-1 of the
Criminal Code of 1961 or the Criminal Code of 2012, 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 or the
Criminal Code of 2012 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 the
following Section of the Criminal Code of 1961 or the
Criminal Code of 2012 when the offense was committed on or
after July 1, 1999:
10-4 (forcible detention, if the victim is under
18 years of age).

HB3887 - 5 - LRB103 31019 RLC 57636 b
(4.1) Involuntary manslaughter under Section 9-3 of
the Criminal Code of 1961 or the Criminal Code of 2012
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 or 12C-5 of the Criminal Code of 1961 or
the Criminal Code of 2012 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 or the
Criminal Code of 2012 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
or the Criminal Code of 2012 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),
12-3.05(a)(1), 12-3.05(d)(2), 12-3.05(f)(1),
12-4(a), 12-4(b)(1), or 12-4(b)(14) (aggravated
battery),
12-3.05(a)(2) or 12-4.1 (heinous battery),

HB3887 - 6 - LRB103 31019 RLC 57636 b
12-3.05(b) or 12-4.3 (aggravated battery of a
child),
12-3.1(a-5) or 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 or the
Criminal Code of 2012 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:
12-3.05(e)(1), (2), (3), or (4) or 12-4.2
(aggravated battery with a firearm),
12-3.05(e)(5), (6), (7), or (8) or 12-4.2-5
(aggravated battery with a machine gun),
12-11 or 19-6 (home invasion).
(5) A violation of any former law of this State
substantially equivalent to any offense listed in this
subsection (b).
(b-5) For the purposes of this Section, "first degree
murder of an adult" means first degree murder under Section
9-1 of the Criminal Code of 1961 or the Criminal Code of 2012
when the victim was a person 18 years of age or older at the
time of the commission of the offense.
(c) A conviction for an offense of federal law, Uniform
Code of Military Justice, or the law of another state or a

HB3887 - 7 - LRB103 31019 RLC 57636 b
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 or the
Criminal Code of 2012, 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.
(c-6) A person who is convicted or adjudicated delinquent
of first degree murder of an adult shall be required to
register for a period of 10 years after conviction or
adjudication if not confined to a penal institution, hospital,
or any other institution or facility, and if confined, for a
period of 5 10 years after parole, discharge, or release from
any such facility. 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 subsection (c-6) of this Section shall constitute a

HB3887 - 8 - LRB103 31019 RLC 57636 b
conviction for the purpose of this Act. This subsection (c-6)
does not apply to those individuals released from
incarceration more than 10 years prior to January 1, 2012 (the
effective date of Public Act 97-154).
(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

HB3887 - 9 - LRB103 31019 RLC 57636 b
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;
97-154, eff. 1-1-12; 97-333, eff. 8-12-11; 97-432, eff.
8-16-11; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150,

HB3887 - 10 - LRB103 31019 RLC 57636 b
eff. 1-25-13.)
(730 ILCS 154/10)
Sec. 10. Duty to register.
(a) A violent offender against youth shall, within the
time period prescribed in subsections (b) and (c), register in
person and provide accurate information as required by the
Illinois State Police. Such information shall include a
current photograph, current address, current place of
employment, the employer's telephone number, school attended,
extensions of the time period for registering as provided in
this Act and, if an extension was granted, the reason why the
extension was granted and the date the violent offender
against youth was notified of the extension. A person who has
been adjudicated a juvenile delinquent for an act which, if
committed by an adult, would be a violent offense against
youth shall register as an adult violent offender against
youth within 10 days after attaining 17 years of age. The
violent offender against youth shall register:
(1) with the chief of police in the municipality in
which he or she resides or is temporarily domiciled for a
period of time of 5 or more days, unless the municipality
is the City of Chicago, in which case he or she shall
register at a fixed location designated by the
Superintendent of the Chicago Police Department; or
(2) with the sheriff in the county in which he or she

HB3887 - 11 - LRB103 31019 RLC 57636 b
resides or is temporarily domiciled for a period of time
of 5 or more days in an unincorporated area or, if
incorporated, no police chief exists.
If the violent offender against youth is employed at or
attends an institution of higher education, he or she shall
register:
(i) with the chief of police in the municipality in
which he or she is employed at or attends an institution of
higher education, unless the municipality is the City of
Chicago, in which case he or she shall register at a fixed
location designated by the Superintendent of the Chicago
Police Department; or
(ii) with the sheriff in the county in which he or she
is employed or attends an institution of higher education
located in an unincorporated area, or if incorporated, no
police chief exists.
For purposes of this Act, the place of residence or
temporary domicile is defined as any and all places where the
violent offender against youth resides for an aggregate period
of time of 5 or more days during any calendar year. Any person
required to register under this Act who lacks a fixed address
or temporary domicile must notify, in person, the agency of
jurisdiction of his or her last known address within 5 days
after ceasing to have a fixed residence.
Any person who lacks a fixed residence must report weekly,
in person, with the sheriff's office of the county in which he

HB3887 - 12 - LRB103 31019 RLC 57636 b
or she is located in an unincorporated area, or with the chief
of police in the municipality in which he or she is located.
The agency of jurisdiction will document each weekly
registration to include all the locations where the person has
stayed during the past 7 days.
The violent offender against youth shall provide accurate
information as required by the Illinois State Police. That
information shall include the current place of employment of
the violent offender against youth.
(a-5) An out-of-state student or out-of-state employee
shall, within 5 days after beginning school or employment in
this State, register in person and provide accurate
information as required by the Illinois State Police. Such
information will include current place of employment, school
attended, and address in state of residence. The out-of-state
student or out-of-state employee shall register:
(1) with the chief of police in the municipality in
which he or she attends school or is employed for a period
of time of 5 or more days or for an aggregate period of
time of more than 30 days during any calendar year, unless
the municipality is the City of Chicago, in which case he
or she shall register at a fixed location designated by
the Superintendent of the Chicago Police Department; or
(2) with the sheriff in the county in which he or she
attends school or is employed for a period of time of 5 or
more days or for an aggregate period of time of more than

HB3887 - 13 - LRB103 31019 RLC 57636 b
30 days during any calendar year in an unincorporated area
or, if incorporated, no police chief exists.
The out-of-state student or out-of-state employee shall
provide accurate information as required by the Illinois State
Police. That information shall include the out-of-state
student's current place of school attendance or the
out-of-state employee's current place of employment.
(b) Any violent offender against youth regardless of any
initial, prior, or other registration, shall, within 5 days of
beginning school, or establishing a residence, place of
employment, or temporary domicile in any county, register in
person as set forth in subsection (a) or (a-5).
(c) The registration for any person required to register
under this Act shall be as follows:
(1) Except as provided in paragraph (3) of this
subsection (c), any person who has not been notified of
his or her responsibility to register shall be notified by
a criminal justice entity of his or her responsibility to
register. Upon notification the person must then register
within 5 days of notification of his or her requirement to
register. If notification is not made within the
offender's 5 10 year registration requirement, and the
Illinois State Police determines no evidence exists or
indicates the offender attempted to avoid registration,
the offender will no longer be required to register under
this Act.

HB3887 - 14 - LRB103 31019 RLC 57636 b
(2) Except as provided in paragraph (3) of this
subsection (c), any person convicted on or after the
effective date of this Act shall register in person within
5 days after the entry of the sentencing order based upon
his or her conviction.
(3) Any person unable to comply with the registration
requirements of this Act because he or she is confined,
institutionalized, or imprisoned in Illinois on or after
the effective date of this Act shall register in person
within 5 days of discharge, parole or release.
(4) The person shall provide positive identification
and documentation that substantiates proof of residence at
the registering address.
(5) The person shall pay a $20 initial registration
fee and a $10 annual renewal fee. The fees shall be
deposited into the Offender Registration Fund. The fees
shall be used by the registering agency for official
purposes. The agency shall establish procedures to
document receipt and use of the funds. The law enforcement
agency having jurisdiction may waive the registration fee
if it determines that the person is indigent and unable to
pay the registration fee.
(d) Within 5 days after obtaining or changing employment,
a person required to register under this Section must report,
in person to the law enforcement agency having jurisdiction,
the business name and address where he or she is employed. If

HB3887 - 15 - LRB103 31019 RLC 57636 b
the person has multiple businesses or work locations, every
business and work location must be reported to the law
enforcement agency having jurisdiction.
(Source: P.A. 101-571, eff. 8-23-19; 102-538, eff. 8-20-21.)
(730 ILCS 154/40)
Sec. 40. Duration of registration. A person who becomes
subject to registration under this Article who has previously
been subject to registration under this Article or under the
Sex Offender Registration Act or similar registration
requirements of other jurisdictions shall register for the
period of his or her natural life if not confined to a penal
institution, hospital, or other institution or facility, and
if confined, for the period of his or her natural life after
parole, discharge, or release from any such facility. Any
other person who is required to register under this Act shall
be required to register for a period of 5 10 years after
conviction or adjudication if not confined to a penal
institution, hospital or any other institution or facility,
and if confined, for a period of 5 10 years after parole,
discharge or release from any such facility. A violent
offender against youth who is allowed to leave a county,
State, or federal facility for the purposes of work release,
education, or overnight visitations shall be required to
register within 5 days of beginning such a program. Liability
for registration terminates at the expiration of 5 10 years

HB3887 - 16 - LRB103 31019 RLC 57636 b
from the date of conviction or adjudication if not confined to
a penal institution, hospital or any other institution or
facility and if confined, at the expiration of 5 10 years from
the date of parole, discharge or release from any such
facility, providing such person does not, during that period,
again become liable to register under the provisions of this
Act. Reconfinement due to a violation of parole or other
circumstances that relates to the original conviction or
adjudication shall extend the period of registration to 5 10
years after final parole, discharge, or release. The Director
of the Illinois State Police, consistent with administrative
rules, shall extend for 5 10 years the registration period of
any violent offender against youth who fails to comply with
the provisions of this Act. The registration period for any
violent offender against youth who fails to comply with any
provision of the Act shall extend the period of registration
by the length of the period of time during which the person was
not registered 10 years beginning from the first date of
registration after the violation. If the registration period
is extended, the Illinois State Police shall send a registered
letter to the law enforcement agency where the violent
offender against youth resides within 3 days after the
extension of the registration period. The violent offender
against youth shall report to that law enforcement agency and
sign for that letter. One copy of that letter shall be kept on
file with the law enforcement agency of the jurisdiction where

HB3887 - 17 - LRB103 31019 RLC 57636 b
the violent offender against youth resides and one copy shall
be returned to the Illinois State Police.
(Source: P.A. 102-538, eff. 8-20-21.)
(730 ILCS 154/60)
Sec. 60. Penalty. Any person who is required to register
under this Act who violates any of the provisions of this Act
and any person who is required to register under this Act who
seeks to change his or her name under Article XXI of the Code
of Civil Procedure is guilty of a Class B misdemeanor 3 felony.
Any person who is convicted for a violation of this Act for a
second or subsequent time is guilty of a Class A misdemeanor 2
felony. Any person who is required to register under this Act
who knowingly or willfully gives material information required
by this Act that is false is guilty of a Class B misdemeanor 3
felony. Any person convicted of a violation of any provision
of this Act shall, in addition to any other penalty required by
law, be required to serve a minimum period of 7 days
confinement in the local county jail. The court shall impose a
mandatory minimum fine of $500 for failure to comply with any
provision of this Act. These fines shall be deposited into the
Offender Registration Fund. Any violent offender against youth
who violates any provision of this Act may be arrested and
tried in any Illinois county where the violent offender
against youth can be located. The local police department or
sheriff's office is not required to determine whether the

HB3887 - 18 - LRB103 31019 RLC 57636 b
person is living within its jurisdiction.
(Source: P.A. 101-571, eff. 8-23-19.)