97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1161

 

Introduced 02/08/11, by Rep. Richard Morthland

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/3-5  from Ch. 38, par. 3-5
720 ILCS 5/3-6  from Ch. 38, par. 3-6

    Amends the Criminal Code of 1961. Provides that when the victim is under 18 years of age at the time of the offense, a prosecution for criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual abuse, or felony criminal sexual abuse, or a prosecution for failure of a person who is required to report an alleged or suspected commission of any of these offenses under the Abused and Neglected Child Reporting Act may be commenced at any time.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 1961 is amended by changing
5Sections 3-5 and 3-6 as follows:
 
6    (720 ILCS 5/3-5)  (from Ch. 38, par. 3-5)
7    Sec. 3-5. General Limitations.
8    (a) A prosecution for: (1) first degree murder, attempt to
9commit first degree murder, second degree murder, involuntary
10manslaughter, reckless homicide, leaving the scene of a motor
11vehicle accident involving death or personal injuries under
12Section 11-401 of the Illinois Vehicle Code, failing to give
13information and render aid under Section 11-403 of the Illinois
14Vehicle Code, concealment of homicidal death, treason, arson,
15aggravated arson, forgery, child pornography under paragraph
16(1) of subsection (a) of Section 11-20.1, aggravated child
17pornography under paragraph (1) of subsection (a) of Section
1811-20.3, or (2) any offense involving sexual conduct or sexual
19penetration, as defined by Section 12-12 of this Code in which
20the DNA profile of the offender is obtained and entered into a
21DNA database within 10 years after the commission of the
22offense, or (3) criminal sexual assault, aggravated criminal
23sexual assault, predatory criminal sexual assault of a child,

 

 

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1aggravated criminal sexual abuse, or felony criminal sexual
2abuse, or a prosecution for failure of a person who is required
3to report an alleged or suspected commission of any of these
4offenses under the Abused and Neglected Child Reporting Act
5when the victim of any of these offenses is under 18 years of
6age at the time of the offense, may be commenced at any time.
7Clause (2) of this subsection (a) applies if either: (i) the
8victim reported the offense to law enforcement authorities
9within 3 years after the commission of the offense unless a
10longer period for reporting the offense to law enforcement
11authorities is provided in Section 3-6 or (ii) the victim is
12murdered during the course of the offense or within 2 years
13after the commission of the offense.
14    (b) Unless the statute describing the offense provides
15otherwise, or the period of limitation is extended by Section
163-6, a prosecution for any offense not designated in Subsection
17(a) must be commenced within 3 years after the commission of
18the offense if it is a felony, or within one year and 6 months
19after its commission if it is a misdemeanor.
20(Source: P.A. 95-899, eff. 1-1-09; 96-292, eff. 1-1-10.)
 
21    (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
22    Sec. 3-6. Extended limitations. The period within which a
23prosecution must be commenced under the provisions of Section
243-5 or other applicable statute is extended under the following
25conditions:

 

 

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1    (a) A prosecution for theft involving a breach of a
2fiduciary obligation to the aggrieved person may be commenced
3as follows:
4        (1) If the aggrieved person is a minor or a person
5    under legal disability, then during the minority or legal
6    disability or within one year after the termination
7    thereof.
8        (2) In any other instance, within one year after the
9    discovery of the offense by an aggrieved person, or by a
10    person who has legal capacity to represent an aggrieved
11    person or has a legal duty to report the offense, and is
12    not himself or herself a party to the offense; or in the
13    absence of such discovery, within one year after the proper
14    prosecuting officer becomes aware of the offense. However,
15    in no such case is the period of limitation so extended
16    more than 3 years beyond the expiration of the period
17    otherwise applicable.
18    (b) A prosecution for any offense based upon misconduct in
19office by a public officer or employee may be commenced within
20one year after discovery of the offense by a person having a
21legal duty to report such offense, or in the absence of such
22discovery, within one year after the proper prosecuting officer
23becomes aware of the offense. However, in no such case is the
24period of limitation so extended more than 3 years beyond the
25expiration of the period otherwise applicable.
26    (c) (Blank).

 

 

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1    (d) A prosecution for child pornography, indecent
2solicitation of a child, soliciting for a juvenile prostitute,
3juvenile pimping or exploitation of a child may be commenced
4within one year of the victim attaining the age of 18 years.
5However, in no such case shall the time period for prosecution
6expire sooner than 3 years after the commission of the offense.
7When the victim is under 18 years of age, a prosecution for
8criminal sexual abuse may be commenced within one year of the
9victim attaining the age of 18 years. However, in no such case
10shall the time period for prosecution expire sooner than 3
11years after the commission of the offense.
12    (e) Except as otherwise provided in subdivision (j), a
13prosecution for any offense involving sexual conduct or sexual
14penetration, as defined in Section 12-12 of this Code, where
15the defendant was within a professional or fiduciary
16relationship or a purported professional or fiduciary
17relationship with the victim at the time of the commission of
18the offense may be commenced within one year after the
19discovery of the offense by the victim.
20    (f) A prosecution for any offense set forth in Section 44
21of the "Environmental Protection Act", approved June 29, 1970,
22as amended, may be commenced within 5 years after the discovery
23of such an offense by a person or agency having the legal duty
24to report the offense or in the absence of such discovery,
25within 5 years after the proper prosecuting officer becomes
26aware of the offense.

 

 

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1    (f-5) A prosecution for any offense set forth in Section
216G-15 or 16G-20 of this Code may be commenced within 5 years
3after the discovery of the offense by the victim of that
4offense.
5    (g) (Blank).
6    (h) (Blank).
7    (i) Except as otherwise provided in subdivision (j), a
8prosecution for criminal sexual assault, aggravated criminal
9sexual assault, or aggravated criminal sexual abuse may be
10commenced within 10 years of the commission of the offense if
11the victim reported the offense to law enforcement authorities
12within 3 years after the commission of the offense.
13    Nothing in this subdivision (i) shall be construed to
14shorten a period within which a prosecution must be commenced
15under any other provision of this Section.
16    (j) When the victim is under 18 years of age at the time of
17the offense, a prosecution for criminal sexual assault,
18aggravated criminal sexual assault, predatory criminal sexual
19assault of a child, aggravated criminal sexual abuse, or felony
20criminal sexual abuse, or a prosecution for failure of a person
21who is required to report an alleged or suspected commission of
22any of these offenses under the Abused and Neglected Child
23Reporting Act may be commenced within 20 years after the child
24victim attains 18 years of age. When the victim is under 18
25years of age at the time of the offense, a prosecution for
26misdemeanor criminal sexual abuse may be commenced within 10

 

 

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1years after the child victim attains 18 years of age.
2    Nothing in this subdivision (j) shall be construed to
3shorten a period within which a prosecution must be commenced
4under any other provision of this Section.
5    (k) A prosecution for theft involving real property
6exceeding $100,000 in value under Section 16-1, identity theft
7under Section 16G-15, aggravated identity theft under Section
816G-20, or any offense set forth in Article 16H may be
9commenced within 7 years of the last act committed in
10furtherance of the crime.
11(Source: P.A. 95-548, eff. 8-30-07; 96-233, eff. 1-1-10.)