Illinois General Assembly - Full Text of HB1110
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Full Text of HB1110  96th General Assembly

HB1110eng 96TH GENERAL ASSEMBLY



 


 
HB1110 Engrossed LRB096 03921 RLC 13956 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Criminal Code of 1961 is amended by changing
5 Sections 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
9 commit first degree murder, second degree murder, involuntary
10 manslaughter, reckless homicide, leaving the scene of a motor
11 vehicle accident involving death or personal injuries under
12 Section 11-401 of the Illinois Vehicle Code, failing to give
13 information and render aid under Section 11-403 of the Illinois
14 Vehicle Code, concealment of homicidal death, treason, arson,
15 aggravated arson, forgery, or (2) any offense involving sexual
16 conduct or sexual penetration, as defined by Section 12-12 of
17 this Code in which the DNA profile of the offender is obtained
18 and entered into a DNA database within 10 years after the
19 commission of the offense, or (3) criminal sexual assault,
20 aggravated criminal sexual assault, predatory criminal sexual
21 assault of a child, aggravated criminal sexual abuse, or
22 criminal sexual abuse when the victim of any of these offenses
23 is under 18 years of age at the time of the offense, may be

 

 

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1 commenced at any time. Clause (2) of this subsection (a)
2 applies if either: (i) the victim reported the offense to law
3 enforcement authorities within 3 years after the commission of
4 the offense unless a longer period for reporting the offense to
5 law enforcement authorities is provided in Section 3-6 or (ii)
6 the victim is murdered during the course of the offense or
7 within 2 years after the commission of the offense.
8     (b) Unless the statute describing the offense provides
9 otherwise, or the period of limitation is extended by Section
10 3-6, a prosecution for any offense not designated in Subsection
11 (a) must be commenced within 3 years after the commission of
12 the offense if it is a felony, or within one year and 6 months
13 after its commission if it is a misdemeanor.
14 (Source: P.A. 94-487, eff. 11-9-05; 94-683, eff. 11-9-05;
15 95-899, eff. 1-1-09.)
 
16     (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
17     Sec. 3-6. Extended limitations. The period within which a
18 prosecution must be commenced under the provisions of Section
19 3-5 or other applicable statute is extended under the following
20 conditions:
21     (a) A prosecution for theft involving a breach of a
22 fiduciary obligation to the aggrieved person may be commenced
23 as follows:
24         (1) If the aggrieved person is a minor or a person
25     under legal disability, then during the minority or legal

 

 

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1     disability or within one year after the termination
2     thereof.
3         (2) In any other instance, within one year after the
4     discovery of the offense by an aggrieved person, or by a
5     person who has legal capacity to represent an aggrieved
6     person or has a legal duty to report the offense, and is
7     not himself or herself a party to the offense; or in the
8     absence of such discovery, within one year after the proper
9     prosecuting officer becomes aware of the offense. However,
10     in no such case is the period of limitation so extended
11     more than 3 years beyond the expiration of the period
12     otherwise applicable.
13     (b) A prosecution for any offense based upon misconduct in
14 office by a public officer or employee may be commenced within
15 one year after discovery of the offense by a person having a
16 legal duty to report such offense, or in the absence of such
17 discovery, within one year after the proper prosecuting officer
18 becomes aware of the offense. However, in no such case is the
19 period of limitation so extended more than 3 years beyond the
20 expiration of the period otherwise applicable.
21     (c) Except as otherwise provided in subsection (a) of
22 Section 3-5 of this Code and subdivision (i) or (j) of this
23 Section, a prosecution for any offense involving sexual conduct
24 or sexual penetration, as defined in Section 12-12 of this
25 Code, where the victim and defendant are family members, as
26 defined in Section 12-12 of this Code, may be commenced within

 

 

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

 

 

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

 

 

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1 victim attains 18 years of age.
2     Nothing in this subdivision (j) shall be construed to
3 shorten a period within which a prosecution must be commenced
4 under any other provision of this Section.
5     (k) A prosecution for theft involving real property
6 exceeding $100,000 in value under Section 16-1, identity theft
7 under Section 16G-15, aggravated identity theft under Section
8 16G-20, or any offense set forth in Article 16H may be
9 commenced within 7 years of the last act committed in
10 furtherance of the crime.
11 (Source: P.A. 94-253, eff. 1-1-06; 94-990, eff. 1-1-07; 95-548,
12 eff. 8-30-07.)