Rep. Jay Hoffman
Filed: 5/25/2017
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1 | AMENDMENT TO SENATE BILL 1842
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2 | AMENDMENT NO. ______. Amend Senate Bill 1842 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Criminal Code of 2012 is amended by | ||||||
5 | changing Section 3-6 as follows:
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6 | (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
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7 | Sec. 3-6. Extended limitations. The period within which a | ||||||
8 | prosecution
must be commenced under the provisions of Section | ||||||
9 | 3-5 or other applicable
statute is extended under the following | ||||||
10 | conditions:
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11 | (a) A prosecution for theft involving a breach of a | ||||||
12 | fiduciary obligation
to the aggrieved person may be commenced | ||||||
13 | as follows:
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14 | (1) If the aggrieved person is a minor or a person | ||||||
15 | under legal disability,
then during the minority or legal | ||||||
16 | disability or within one year after the
termination |
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1 | thereof.
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2 | (2) In any other instance, within one year after the | ||||||
3 | discovery of the
offense by an aggrieved person, or by a | ||||||
4 | person who has legal capacity to
represent an aggrieved | ||||||
5 | person or has a legal duty to report the offense,
and is | ||||||
6 | not himself or herself a party to the offense; or in the | ||||||
7 | absence of such
discovery, within one year after the proper | ||||||
8 | prosecuting officer becomes
aware of the offense. However, | ||||||
9 | in no such case is the period of limitation
so extended | ||||||
10 | more than 3 years beyond the expiration of the period | ||||||
11 | otherwise
applicable.
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12 | (b) A prosecution for any offense based upon misconduct in | ||||||
13 | office by a
public officer or employee may be commenced within | ||||||
14 | one year after discovery
of the offense by a person having a | ||||||
15 | legal duty to report such offense, or
in the absence of such | ||||||
16 | discovery, within one year after the proper
prosecuting officer | ||||||
17 | becomes aware of the offense. However, in no such case
is the | ||||||
18 | period of limitation so extended more than 3 years beyond the
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19 | expiration of the period otherwise applicable.
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20 | (b-5) When the victim is under 18 years of age at the time | ||||||
21 | of the offense, a prosecution for involuntary servitude, | ||||||
22 | involuntary sexual servitude of a minor, or trafficking in | ||||||
23 | persons and related offenses under Section 10-9 of this Code | ||||||
24 | may be commenced within 25 years one year of the victim | ||||||
25 | attaining the age of 18 years. However, in no such case shall | ||||||
26 | the time period for prosecution expire sooner than 3 years |
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1 | after the commission of the offense. | ||||||
2 | (c) (Blank).
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3 | (d) A prosecution for child pornography, aggravated child | ||||||
4 | pornography, indecent
solicitation of a
child, soliciting for a | ||||||
5 | juvenile prostitute, juvenile pimping,
exploitation of a | ||||||
6 | child, or promoting juvenile prostitution except for keeping a | ||||||
7 | place of juvenile prostitution may be commenced within one year | ||||||
8 | of the victim
attaining the age of 18 years. However, in no | ||||||
9 | such case shall the time
period for prosecution expire sooner | ||||||
10 | than 3 years after the commission of
the offense. When the | ||||||
11 | victim is under 18 years of age, a prosecution for
criminal
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12 | sexual abuse may be commenced within
one year of the victim | ||||||
13 | attaining the age of 18 years. However, in no such
case shall | ||||||
14 | the time period for prosecution expire sooner than 3 years | ||||||
15 | after
the commission of the offense.
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16 | (e) Except as otherwise provided in subdivision (j), a | ||||||
17 | prosecution for
any offense involving sexual conduct or sexual
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18 | penetration, as defined in Section 11-0.1 of this Code, where | ||||||
19 | the defendant
was within a professional or fiduciary | ||||||
20 | relationship or a purported
professional or fiduciary | ||||||
21 | relationship with the victim at the
time of the commission of | ||||||
22 | the offense may be commenced within one year
after the | ||||||
23 | discovery of the offense by the victim.
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24 | (f) A prosecution for any offense set forth in Section 44
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25 | of the "Environmental Protection Act", approved June 29, 1970, | ||||||
26 | as amended,
may be commenced within 5 years after the discovery |
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1 | of such
an offense by a person or agency having the legal duty | ||||||
2 | to report the
offense or in the absence of such discovery, | ||||||
3 | within 5 years
after the proper prosecuting officer becomes | ||||||
4 | aware of the offense.
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5 | (f-5) A prosecution for any offense set forth in Section | ||||||
6 | 16-30 of this Code may be commenced within 5 years after the | ||||||
7 | discovery of the offense by the victim of that offense.
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8 | (g) (Blank).
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9 | (h) (Blank).
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10 | (i) Except as otherwise provided in subdivision (j), a | ||||||
11 | prosecution for
criminal sexual assault, aggravated criminal
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12 | sexual assault, or aggravated criminal sexual abuse may be | ||||||
13 | commenced within 10
years of the commission of the offense if | ||||||
14 | the victim reported the offense to
law enforcement authorities | ||||||
15 | within 3 years after the commission of the offense.
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16 | Nothing in this subdivision (i) shall be construed to
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17 | shorten a period within which a prosecution must be commenced | ||||||
18 | under any other
provision of this Section.
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19 | (i-5) A prosecution for armed robbery, home invasion, | ||||||
20 | kidnapping, or aggravated kidnaping may be commenced within 10 | ||||||
21 | years of the commission of the offense if it arises out of the | ||||||
22 | same course of conduct and meets the criteria under one of the | ||||||
23 | offenses in subsection (i) of this Section. | ||||||
24 | (j) (1) When the victim is under 18 years of age at the | ||||||
25 | time of the offense, a
prosecution
for criminal sexual assault, | ||||||
26 | aggravated criminal sexual assault, predatory
criminal sexual |
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1 | assault of a child, aggravated criminal sexual abuse, or felony | ||||||
2 | criminal sexual abuse may be commenced at any time when | ||||||
3 | corroborating physical evidence is available or an individual | ||||||
4 | who is required to report an alleged or suspected commission of | ||||||
5 | any of these offenses under the Abused and Neglected Child | ||||||
6 | Reporting Act fails to do so. | ||||||
7 | (2) In circumstances other than as described in paragraph | ||||||
8 | (1) of this subsection (j), when the victim is under 18 years | ||||||
9 | of age at the time of the offense, a prosecution for criminal | ||||||
10 | sexual assault, aggravated criminal sexual assault, predatory | ||||||
11 | criminal sexual assault of a child, aggravated criminal sexual | ||||||
12 | abuse, or felony criminal sexual abuse, or a
prosecution for | ||||||
13 | failure of a person who is required to report an alleged
or | ||||||
14 | suspected commission of any of these offenses under the Abused | ||||||
15 | and Neglected
Child Reporting Act may be
commenced within 20 | ||||||
16 | years after the child victim attains 18
years of age. | ||||||
17 | (3) When the victim is under 18 years of age at the time of | ||||||
18 | the offense, a
prosecution
for misdemeanor criminal sexual | ||||||
19 | abuse may be
commenced within 10 years after the child victim | ||||||
20 | attains 18
years of age.
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21 | (4) Nothing in this subdivision (j) shall be construed to
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22 | shorten a period within which a prosecution must be commenced | ||||||
23 | under any other
provision of this Section.
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24 | (j-5) A prosecution for armed robbery, home invasion, | ||||||
25 | kidnapping, or aggravated kidnaping may be commenced at any | ||||||
26 | time if it arises out of the same course of conduct and meets |
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1 | the criteria under one of the offenses in subsection (j) of | ||||||
2 | this Section. | ||||||
3 | (k) (Blank).
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4 | (l) A prosecution for any offense set forth in Section 26-4 | ||||||
5 | of this Code may be commenced within one year after the | ||||||
6 | discovery of the offense by the victim of that offense. | ||||||
7 | (Source: P.A. 98-293, eff. 1-1-14; 98-379, eff. 1-1-14; 98-756, | ||||||
8 | eff. 7-16-14; 99-234, eff. 8-3-15; 99-820, eff. 8-15-16.)
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9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law.".
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