Bill Status of SB 1035   93rd General Assembly

Short Description:  CRIM CD-LIMITATIONS

Senate Sponsors
Sen. Jacqueline Y. Collins-Adeline Jay Geo-Karis and M. Maggie Crotty-Mattie Hunter

House Sponsors
(Rep. James D. Brosnahan-Lovana Jones-Thomas Holbrook-Kenneth Dunkin-Eddie Washington, Calvin L. Giles, Steve Davis, Edward J. Acevedo, Cynthia Soto, Kevin A. McCarthy, Robert Rita, Richard T. Bradley, Mike Boland, William Delgado, Rosemary Mulligan, Rosemary Kurtz, Jack D. Franks and Linda Chapa LaVia)


Last Action  View All Actions

DateChamber Action
  7/24/2003SenatePublic Act . . . . . . . . . 93-0356

Statutes Amended In Order of Appearance
720 ILCS 5/3-6from Ch. 38, par. 3-6

Synopsis As Introduced
Amends the Criminal Code of 1961. Provides that when the victim is under 18 years of age at the time of the commission of the offense and the accused was a member of the clergy, a prosecution for criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, or aggravated criminal sexual abuse may be commenced at any time. Effective immediately.

Senate Committee Amendment No. 1
Adds reference to:
325 ILCS 5/4from Ch. 23, par. 2054
720 ILCS 5/3-6from Ch. 38, par. 3-6
735 ILCS 5/8-803from Ch. 110, par. 8-803
735 ILCS 5/13-202.2from Ch. 110, par. 13-202.2

Deletes all. Amends the Abused and Neglected Child Reporting Act, the Criminal Code of 1961, and the Code of Civil Procedure. Eliminates the statute of limitations for a prosecution of sex offenses committed against a child under 18 years of age and for failure to report these instances under the Abused and Neglected Child Reporting Act (now the prosecution must be within 10 years after the child victim attains 18 years of age). Provides that a member of the clergy who is acting as an advisor must disclose information obtained by the member of the clergy in his or her nonprofessional capacity of incidents of child abuse as defined in the Abused and Neglected Child Reporting Act. Provides that a civil action for damages based on childhood sexual abuse may be commenced at any time (rather than 2 years after the person abused discovers or should have discovered that the childhood sexual abuse had occurred). Effective immediately.

Senate Committee Amendment No. 2
Adds reference to:
325 ILCS 5/4from Ch. 23, par. 2054
735 ILCS 5/8-803from Ch. 110, par. 8-803
735 ILCS 5/13-202.2from Ch. 110, par. 13-202.2

Deletes all. Amends the Abused and Neglected Child Reporting Act, the Criminal Code of 1961, and the Code of Civil Procedure. Makes technical changes in these Acts.

Senate Floor Amendment No. 5
Deletes reference to:
735 ILCS 5/8-803

Deletes all. Amends the Abused and Neglected Child Reporting Act. Eliminates the provision that requires a Christian Science Practitioner to report cases of suspected child abuse to the Department of Children and Family Services. Amends the Criminal Code of 1961. Changes the statute of limitations for a prosecution of certain sex offenses committed against a person under 18 years of age from 10 years after the victim attains 18 years of age to 20 years after the victim attains 18 years of age. Amends the Code of Civil Procedure. Provides that an action for damages for personal injury based on childhood sexual abuse must be commenced within 10 years after the limitation period begins to run or within 5 years of the date the person abused discovers or should discover that the act of childhood sexual abuse occurred and that the injury was caused by the childhood sexual abuse, whichever is later (rather than within 2 years of the date the person abused discovers or should discover that the act of childhood sexual abuse occurred and that the injury was caused by the childhood sexual abuse). Adds provisions concerning the time at which knowledge of the injury occurs. Provides that specified limitation periods do not run while the victim is subject to threats, intimidation, manipulation, or fraud. Provides that the changes made by the amendatory Act apply to actions pending on the effective date of the amendatory Act as well as actions commenced or after that date. Makes other changes. Effective immediately.

Actions 
DateChamber Action
  2/19/2003SenateFiled with Secretary by Sen. Jacqueline Y. Collins
  2/19/2003SenateFirst Reading
  2/19/2003SenateReferred to Rules
  2/26/2003SenateAssigned to Judiciary
  3/7/2003SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Jacqueline Y. Collins
  3/7/2003SenateSenate Committee Amendment No. 1 Referred to Rules
  3/11/2003SenateSenate Committee Amendment No. 1 Rules Refers to Judiciary
  3/11/2003SenateSenate Committee Amendment No. 1 Adopted
  3/12/2003SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Jacqueline Y. Collins
  3/12/2003SenateSenate Committee Amendment No. 2 Referred to Rules
  3/13/2003SenateSenate Committee Amendment No. 2 Rules Refers to Judiciary
  3/13/2003SenateSenate Committee Amendment No. 2 Adopted
  3/13/2003SenateDo Pass as Amended Judiciary; 008-000-000
  3/13/2003SenatePlaced on Calendar Order of 2nd Reading March 18, 2003
  3/25/2003SenateSecond Reading
  3/25/2003SenatePlaced on Calendar Order of 3rd Reading March 26, 2003
  3/26/2003SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Jacqueline Y. Collins
  3/26/2003SenateSenate Floor Amendment No. 3 Referred to Rules
  3/26/2003SenateSenate Floor Amendment No. 3 Rules Refers to Judiciary
  3/27/2003SenateSenate Floor Amendment No. 3 Postponed - Judiciary
  4/1/2003SenateSenate Floor Amendment No. 4 Filed with Secretary by Sen. Jacqueline Y. Collins
  4/1/2003SenateSenate Floor Amendment No. 4 Referred to Rules
  4/1/2003SenateSenate Floor Amendment No. 5 Filed with Secretary by Sen. Jacqueline Y. Collins
  4/1/2003SenateSenate Floor Amendment No. 5 Referred to Rules
  4/2/2003SenateSenate Floor Amendment No. 5 Rules Refers to Judiciary
  4/2/2003SenateSenate Floor Amendment No. 5 Be Approved for Consideration Judiciary; 006-003-001
  4/2/2003SenateRecalled to Second Reading
  4/2/2003SenateSenate Floor Amendment No. 5 Adopted; Collins
  4/2/2003SenatePlaced on Calendar Order of 3rd Reading April 3, 2003
  4/3/2003SenateAdded as Chief Co-Sponsor Sen. Adeline Jay Geo-Karis
  4/4/2003SenateAdded as Co-Sponsor Sen. M. Maggie Crotty
  4/4/2003SenateAdded as Chief Co-Sponsor Sen. Mattie Hunter
  4/4/2003SenateThird Reading - Passed; 045-009-003
  4/4/2003SenateSenate Floor Amendment No. 3 Tabled Pursuant to Rule 5-4(a)
  4/4/2003SenateSenate Floor Amendment No. 4 Tabled Pursuant to Rule 5-4(a)
  4/4/2003HouseArrived in House
  4/4/2003HouseChief House Sponsor Rep. James D. Brosnahan
  4/4/2003HouseFirst Reading
  4/4/2003HouseReferred to Rules Committee
  4/8/2003HouseAssigned to Judiciary II - Criminal Law Committee
  5/1/2003HouseDo Pass / Short Debate Judiciary II - Criminal Law Committee; 013-000-000
  5/1/2003HousePlaced on Calendar 2nd Reading - Short Debate
  5/1/2003HouseAdded Alternate Chief Co-Sponsor Rep. Lovana Jones
  5/13/2003HouseSecond Reading - Short Debate
  5/13/2003HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/13/2003HouseAdded Alternate Chief Co-Sponsor Rep. Thomas Holbrook
  5/13/2003HouseAdded Alternate Chief Co-Sponsor Rep. Kenneth Dunkin
  5/13/2003HouseAdded Alternate Chief Co-Sponsor Rep. Eddie Washington
  5/13/2003HouseAdded Alternate Co-Sponsor Rep. Calvin L. Giles
  5/13/2003HouseAdded Alternate Co-Sponsor Rep. Steve Davis
  5/13/2003HouseAdded Alternate Co-Sponsor Rep. Edward J. Acevedo
  5/13/2003HouseAdded Alternate Co-Sponsor Rep. Cynthia Soto
  5/13/2003HouseAdded Alternate Co-Sponsor Rep. Kevin A. McCarthy
  5/13/2003HouseAdded Alternate Co-Sponsor Rep. Robert Rita
  5/13/2003HouseAdded Alternate Co-Sponsor Rep. Richard T. Bradley
  5/14/2003HouseAdded Alternate Co-Sponsor Rep. Mike Boland
  5/14/2003HouseAdded Alternate Co-Sponsor Rep. William Delgado
  5/14/2003HouseAdded Alternate Co-Sponsor Rep. Rosemary Mulligan
  5/14/2003HouseAdded Alternate Co-Sponsor Rep. Rosemary Kurtz
  5/15/2003HouseThird Reading - Short Debate - Passed 118-000-000
  5/15/2003SenatePassed Both Houses
  5/15/2003HouseAdded Alternate Co-Sponsor Rep. Jack D. Franks
  5/15/2003HouseAdded Alternate Co-Sponsor Rep. Linda Chapa LaVia
  6/13/2003SenateSent to the Governor
  7/24/2003SenateGovernor Approved
  7/24/2003SenateEffective Date July 24, 2003
  7/24/2003SenatePublic Act . . . . . . . . . 93-0356

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