Sen. John J. Cullerton
Filed: 5/13/2005
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1 | AMENDMENT TO HOUSE BILL 457
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2 | AMENDMENT NO. ______. Amend House Bill 457 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Criminal Code of 1961 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 | ||||||
17 | thereof.
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18 | (2) In any other instance, within one year after the | ||||||
19 | discovery of the
offense by an aggrieved person, or by a | ||||||
20 | person who has legal capacity to
represent an aggrieved | ||||||
21 | person or has a legal duty to report the offense,
and is | ||||||
22 | not himself or herself a party to the offense; or in the | ||||||
23 | absence of such
discovery, within one year after the proper | ||||||
24 | prosecuting officer becomes
aware of the offense. However, |
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1 | in no such case is the period of limitation
so extended | ||||||
2 | more than 3 years beyond the expiration of the period | ||||||
3 | otherwise
applicable.
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4 | (b) A prosecution for any offense based upon misconduct in | ||||||
5 | office by a
public officer or employee may be commenced within | ||||||
6 | one year after discovery
of the offense by a person having a | ||||||
7 | legal duty to report such offense, or
in the absence of such | ||||||
8 | discovery, within one year after the proper
prosecuting officer | ||||||
9 | becomes aware of the offense. However, in no such case
is the | ||||||
10 | period of limitation so extended more than 3 years beyond the
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11 | expiration of the period otherwise applicable.
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12 | (c) Except as otherwise provided in subsection (a) of | ||||||
13 | Section 3-5 of this
Code and subdivision (i) or (j) of this
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14 | Section, a
prosecution for any offense involving sexual conduct | ||||||
15 | or sexual
penetration, as defined in Section 12-12 of this | ||||||
16 | Code, where the victim and
defendant are family members, as | ||||||
17 | defined in Section 12-12 of this Code, may
be commenced within | ||||||
18 | one year of the victim attaining the age of 18 years.
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19 | (d) A prosecution for child pornography, indecent
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20 | solicitation of a
child, soliciting for a juvenile prostitute, | ||||||
21 | juvenile pimping or
exploitation of a child may be commenced | ||||||
22 | within one year of the victim
attaining the age of 18 years. | ||||||
23 | However, in no such case shall the time
period for prosecution | ||||||
24 | expire sooner than 3 years after the commission of
the offense. | ||||||
25 | When the victim is under 18 years of age, a prosecution for
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26 | criminal
sexual abuse may be commenced within
one year of the | ||||||
27 | victim attaining the age of 18 years. However, in no such
case | ||||||
28 | shall the time period for prosecution expire sooner than 3 | ||||||
29 | years after
the commission of the offense.
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30 | (e) Except as otherwise provided in subdivision (j), a | ||||||
31 | prosecution for
any offense involving sexual conduct or sexual
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32 | penetration, as defined in Section 12-12 of this Code, where | ||||||
33 | the defendant
was within a professional or fiduciary | ||||||
34 | relationship or a purported
professional or fiduciary |
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1 | relationship with the victim at the
time of the commission of | ||||||
2 | the offense may be commenced within one year
after the | ||||||
3 | discovery of the offense by the victim.
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4 | (f) A prosecution for any offense set forth in Section 44
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5 | of the "Environmental Protection Act", approved June 29, 1970, | ||||||
6 | as amended,
may be commenced within 5 years after the discovery | ||||||
7 | of such
an offense by a person or agency having the legal duty | ||||||
8 | to report the
offense or in the absence of such discovery, | ||||||
9 | within 5 years
after the proper prosecuting officer becomes | ||||||
10 | aware of the offense.
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11 | (f-5) A prosecution for any offense set forth in Section | ||||||
12 | 16G-15 or 16G-20 of this Code may be commenced within 5 years | ||||||
13 | after the discovery of the offense by the victim of that | ||||||
14 | offense.
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15 | (g) (Blank).
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16 | (h) (Blank).
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17 | (i) Except as otherwise provided in subdivision (j), a | ||||||
18 | prosecution for
criminal sexual assault, aggravated criminal
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19 | sexual assault, or aggravated criminal sexual abuse may be | ||||||
20 | commenced within 10
years of the commission of the offense if | ||||||
21 | the victim reported the offense to
law enforcement authorities | ||||||
22 | within 2 years after the commission of the offense.
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23 | Nothing in this subdivision (i) shall be construed to
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24 | shorten a period within which a prosecution must be commenced | ||||||
25 | under any other
provision of this Section.
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26 | (j) When the victim is under 18 years of age at the time of | ||||||
27 | the offense, a
prosecution
for criminal sexual assault, | ||||||
28 | aggravated criminal sexual assault, predatory
criminal sexual | ||||||
29 | assault of a child, or aggravated criminal sexual abuse or a
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30 | prosecution for failure of a person who is required to report | ||||||
31 | an alleged
or suspected commission of any of these offenses | ||||||
32 | under the Abused and Neglected
Child Reporting Act may be
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33 | commenced within 20 years after the child victim attains 18
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34 | years of age.
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1 | Nothing in this subdivision (j) shall be construed to
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2 | shorten a period within which a prosecution must be commenced | ||||||
3 | under any other
provision of this Section.
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4 | (Source: P.A. 92-752, eff. 8-2-02;
92-801, eff. 8-16-02; | ||||||
5 | 93-356, eff. 7-24-03.)".
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