Welcome to the Prison Talk Online Community! Take a Minute and Sign Up Today!






Go Back   Prison Talk > U.S. REGIONAL FORUMS > ILLINOIS > Illinois Prison & Criminal Justice News & Events
Register Entertainment FAQ Calendar Mark Forums Read

Illinois Prison & Criminal Justice News & Events Current news items and information on events related to the Illinois prison system.

Reply
 
Thread Tools Display Modes
  #1  
Old 02-10-2006, 12:36 PM
CET CET is offline
Banned
 

Join Date: Apr 2003
Location: Mn
Posts: 4,321
Thanks: 0
Thanked 7 Times in 5 Posts
Default ?' s on new bill HB4193

A penpal of mine murdered a 17 yr old when he was a few years older, 17 years ago. I visited him last summer and he brought up that the IDOC web site said he had to register as a sex offender, and he wanted to explain to me that he did not have a sex offense. It was a gang related shooting and his victim was 17. This is bad enough, but it was not a sex offense. I think they did this originally to track them better?
He sent me an article from a legal newsletter about a bill being passed to change this. A constituents mother brought it up, that having a felony and a murder conviction makes it hard enough to get on your feet without a sex offender label added to it.
He asked me to check out the bill at ilga.gov and it is HB4193.
I can't figure out the bottom line here. in the amended version it seems to contradict itself under 4. " (4) restores the lifetime registration for child murderers under the Sex Offender Registration Act." can anyone figure this out?
Reply With Quote
Sponsored Links
  #2  
Old 02-10-2006, 01:50 PM
Rostonhall Rostonhall is offline
Registered User
Donation Award 
 

Join Date: Jun 2003
Location: Robin Hood Country
Posts: 3,610
Thanks: 0
Thanked 49 Times in 40 Posts
Default

CET, I don't know if this will help but there were some mistakes made by the IDOC when they were putting that info onto the web. I know a couple of people who didn't have offenses against them and they've since had it taken off their records. Perhaps your friend should contact his counsellor.


Rose
__________________
The blacker the berry the sweeter it's juice - Old Romani Proverb
'The greatness of a nation can be judged by the way its animals are treated.' - Gandhi
Reply With Quote
  #3  
Old 02-10-2006, 02:54 PM
scout0323 scout0323 is offline
Account Closed
 

Join Date: Aug 2002
Posts: 160
Thanks: 0
Thanked 0 Times in 0 Posts
Default

My guess is that it's restoring the lifetime registration for child murders, under the new registration act (Violent Offender Against Youth Registration Act)...similar to the sex offender registry, this will will create a violet offender against youth registry, and those that murder someone under 17 have to register for life in this registration, not the sex offender registration.
Reply With Quote
  #4  
Old 02-10-2006, 03:06 PM
dazzler's Avatar
dazzler dazzler is offline
Account Closed
 

Join Date: May 2004
Location: Illinois
Posts: 1,321
Thanks: 0
Thanked 2 Times in 2 Posts
Default

Here's the synopsis of the bill:

'Creates the Violent Offender Against Youth Registration Act. Provides for the registration of persons under the Act who were previously registered as sex offenders under the Sex Offender Registration Act for the offenses of kidnapping, aggravated kidnapping, unlawful restraint, aggravated unlawful restraint, first degree murder, child abduction, and forcible detention, or an attempt to commit certain of those offenses when those offenses were committed against persons under 18 years of age. Transfers information about those persons previously registered under the Sex Offender Registration Act for those offenses to the Violent Offender Against Youth Registration Act. Creates the Violent Offender Against Youth Registration Fund. Provides that the Fund shall receive deposits of registration fees from violent offenders against youth. Establishes various requirements for registration and provides penalties for those persons who violate registration requirements. Amends various Acts to make conforming changes.

House Amendment No. 1
Deletes everything after the enacting clause. Reinserts the provisions of the bill with these changes: (1) changes the name of the new Act to the Child Murderer and Violent Offender Against Youth Registration Act, changes the name of the database to the Statewide Child Murderer and Violent Offender Against Youth Database, and changes the name of the new Fund to the Child Murderer and Violent Offender Against Youth Registration Fund; (2) restores the offenses eliminated from the requirements for registration under the Sex Offender Registration Act but requires that the offenses must be sexually motivated; (3) establishes procedures for transfer from the sex offender registry of child murder and other violent offenses against youth that were not sexually motivated; and (4) restores the lifetime registration for child murderers under the Sex Offender Registration Act.'


Here's my interpretation:

They wiped out everything in the bill after the intrductory clause and then:

Changed the name of the Act;
Restored all the crimes of the original Sex Offender Act with the provision they must be 'sexually motivated';
Allows for the transfer of crimes originally labeled 'sex offenses', that were not 'sexually motivated' to the new 'Child Murderer and Violent Offender......' Act;
And restores the provision for child murderers with 'sexual motivation' back to the Sex Offender Registration Act.......

All of these House Bills are too ambiguous for John Q. Public to understand...

I think they just didn't spell it out again in No. 4.
Reply With Quote
  #5  
Old 02-10-2006, 03:18 PM
dazzler's Avatar
dazzler dazzler is offline
Account Closed
 

Join Date: May 2004
Location: Illinois
Posts: 1,321
Thanks: 0
Thanked 2 Times in 2 Posts
Default

Scout - that could be correct, thus eliminating "lifetime registration" from all offenses except murder....my head hurts.....LOL
Reply With Quote
  #6  
Old 02-10-2006, 04:06 PM
scout0323 scout0323 is offline
Account Closed
 

Join Date: Aug 2002
Posts: 160
Thanks: 0
Thanked 0 Times in 0 Posts
Default

Quote:
Originally Posted by dazzler
Scout - that could be correct, thus eliminating "lifetime registration" from all offenses except murder....my head hurts.....LOL
I agree...all legal stuff is confusing and so intertwined that it's difficult to transpose to "english"
Reply With Quote
  #7  
Old 02-10-2006, 04:20 PM
CET CET is offline
Banned
 

Join Date: Apr 2003
Location: Mn
Posts: 4,321
Thanks: 0
Thanked 7 Times in 5 Posts
Default

Ms Jane public here definitely had a problem. It seemed that 4 contradicted the rest of what it had just said. that would make sense to separate the two. Also, in IL isn't 17 considered to be an adult? I know a 17 yr old can visit a prison without anyone taking them.
When I look at what lays ahead for these guys, how many hoops they have to jump through, I really wonder if the ones without family support have even a chance of making it.
Reply With Quote
  #8  
Old 02-10-2006, 04:45 PM
scout0323 scout0323 is offline
Account Closed
 

Join Date: Aug 2002
Posts: 160
Thanks: 0
Thanked 0 Times in 0 Posts
Default

I think the key word is restores:

" (2) restores the offenses eliminated from the requirements for registration under the Sex Offender Registration Act but requires that the offenses must be sexually motivated; (3) establishes procedures for transfer from the sex offender registry of child murder and other violent offenses against youth that were not sexually motivated; and (4) restores the lifetime registration for child murderers under the Sex Offender Registration Act."

It's restoring under the new act what it's taking out of the other one...

'course, I could be wrong!
Reply With Quote
  #9  
Old 02-10-2006, 04:48 PM
scout0323 scout0323 is offline
Account Closed
 

Join Date: Aug 2002
Posts: 160
Thanks: 0
Thanked 0 Times in 0 Posts
Default

Quote:
Originally Posted by CET
Also, in IL isn't 17 considered to be an adult? I know a 17 yr old can visit a prison without anyone taking them.
No, in Illinois a person is a minor until the reach the age of 18. I'm surprised that a 17 year old can go alone...but it's the DOC...
Reply With Quote
  #10  
Old 02-10-2006, 04:56 PM
dazzler's Avatar
dazzler dazzler is offline
Account Closed
 

Join Date: May 2004
Location: Illinois
Posts: 1,321
Thanks: 0
Thanked 2 Times in 2 Posts
Default

Yes, number four says it restores but it doesn't say restores ONLY murderers with sexually motivated crimes...that's her question, I think. Whose being restored? - ALL child murderers or just those convicted of sexually motivated crimes? JMO but I think it's restoring the new classification.

Last edited by dazzler; 02-10-2006 at 04:59 PM..
Reply With Quote
  #11  
Old 02-10-2006, 05:27 PM
scout0323 scout0323 is offline
Account Closed
 

Join Date: Aug 2002
Posts: 160
Thanks: 0
Thanked 0 Times in 0 Posts
Default

Again, everything is based on interpretation..but I just saw this:

(c-5) A person at least 17 years of age at the time of the
2 commission of the offense who is convicted of first degree
3 murder under Section 9-1 of the Criminal Code of 1961, against
4 a person under 18 years of age, shall be required to register
5 for natural life. A conviction for an offense of federal,
6 Uniform Code of Military Justice, sister state, or foreign
7 country law that is substantially equivalent to any offense
8 listed in this subsection (c-5) shall constitute a conviction
9 for the purpose of this Act. This subsection (c-5) applies to a
10 person who committed the offense before June 1, 1996 only if
11 the person is incarcerated in an Illinois Department of
12 Corrections facility on August 20, 2004
.

This is in both the current bill and the actual Sex Offender Registration Act...maybe what they're saying is to restore this (meaning do not have the restriction of before June 1, 1996)???

I don't know, they should make manuals on how to interpret all this..or offer a toll-free help line. :-)
Reply With Quote
  #12  
Old 02-10-2006, 09:23 PM
Justice2005 Justice2005 is offline
Closed
 

Join Date: Oct 2005
Location: Rockford, IL
Posts: 173
Thanks: 0
Thanked 0 Times in 0 Posts
Default

CNET,
The new law states that anyone that is involved with anything in terms of children have to register on the sex offender list. There was a guy that was just released about a month ago here that was a teen that killed a teen and he has to register also. I guess I just don't understand all that but it is the way the law in this state works.
Reply With Quote
  #13  
Old 02-10-2006, 09:46 PM
CET CET is offline
Banned
 

Join Date: Apr 2003
Location: Mn
Posts: 4,321
Thanks: 0
Thanked 7 Times in 5 Posts
Default

Justice, that is the way it has been. However this bill proposed a change for separating a person who murders a person under 18, but it wasn't sexually motivated, and having a separate registration list instead of lumping them in with the sex offender registration lists. and dazzler, you are correct about my question. This guy will have to register for life! wow.

Last edited by CET; 02-10-2006 at 09:47 PM..
Reply With Quote
  #14  
Old 07-06-2007, 09:16 AM
RicosChica RicosChica is offline
Registered User
 

Join Date: Dec 2004
Location: Illinois
Posts: 61
Thanks: 0
Thanked 2 Times in 2 Posts
Default

There is a small caption under the law of having to register as a sex offender, anything after June of 1997 any one who murdered someone 17 or younger and they were over the age of 17 at the time has to register as as ex offender, all the gang related cases got this. HOwever, if this was done before 1997 (june) it may not be for him. HOWEVER the state just passed a child murder notification law, you have to call the State Attorney's office and let them know he is inaccurately labeled a sex offender the lady who answers the phone will ask you for some information on him, his case number and all that and they can begin the processing to get him on the right registry. When is he due for release? it takes a few months to do but try to get it done asap. http://www.isp.state.il.us/cmvo) you should find all your information there. Good luck
Reply With Quote
Reply

Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump


All times are GMT -6. The time now is 01:44 AM.
Copyright © 2001- 2017 Prison Talk Online
Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2018, Jelsoft Enterprises Ltd.
Website Design & Custom vBulletin Skins by: Relivo Media
Message Board Statistics