In re M.A.

Illinois Appellate Court
Civil Court
Case Number: 
2014 IL App (1st) 132540
Decision Date: 
May 28, 2014
1st Dist.
Cook Co., 3d Div.
Respondent, age 13, was adjudicated delinquent of charges arising out of altercation with her 14-year-old brother, and she was ordered to register for minimum of 10 years under Violent Offender Against Youth Registration Act. Act requires that juveniles automatically register as adults when they turn 17, and contains no provision to petition for relief from registration requirement. Registration provisions of Act are unconstitutional as a violation of procedural due process and equal protection. Legislature's disparate treatment of juvenile offenders required to register, by allowing juvenile sex offenders to petition for relief from registration as an adult but not allowing such petitions for juvenile offenders against youth, violates equal protection. Denial of due process, as upon registration as an adult information will be publicly available, and Act fails to provide procedural due process protections. (HYMAN, concurring; PUCINSKI, concurring in part and dissenting in part.)