Full Text of HB1110 96th General Assembly
HB1110eng 96TH GENERAL ASSEMBLY
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HB1110 Engrossed |
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LRB096 03921 RLC 13956 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| Sections 3-5 and 3-6 as follows:
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| (720 ILCS 5/3-5) (from Ch. 38, par. 3-5)
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| 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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LRB096 03921 RLC 13956 b |
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| 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.
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| (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.
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| (Source: P.A. 94-487, eff. 11-9-05; 94-683, eff. 11-9-05; | 15 |
| 95-899, eff. 1-1-09.)
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| (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
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| 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:
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| (a) A prosecution for theft involving a breach of a | 22 |
| fiduciary obligation
to the aggrieved person may be commenced | 23 |
| as follows:
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| (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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HB1110 Engrossed |
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LRB096 03921 RLC 13956 b |
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| disability or within one year after the
termination | 2 |
| thereof.
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| (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.
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| (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
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| expiration of the period otherwise applicable.
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| (c) Except as otherwise provided in subsection (a) of | 22 |
| Section 3-5 of this
Code and subdivision (i) or (j) of this
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| 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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| one year of the victim attaining the age of 18 years.
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| (d) A prosecution for child pornography, indecent
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| 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
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| 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.
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| (e) Except as otherwise provided in subsection (a) of | 14 |
| Section 3-5 of this
Code and subdivision (j), a prosecution for
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| 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
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| professional or fiduciary relationship with the victim at the
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| time of the commission of the offense may be commenced within | 20 |
| one year
after the discovery of the offense by the victim.
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| (f) A prosecution for any offense set forth in Section 44
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| 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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LRB096 03921 RLC 13956 b |
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| aware of the offense.
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| (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.
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| (g) (Blank).
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| (h) (Blank).
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| (i) Except as otherwise provided in subsection (a) of | 9 |
| Section 3-5 of this
Code and subdivision (j), a prosecution for
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| criminal sexual assault, aggravated criminal
sexual assault, | 11 |
| or aggravated criminal sexual abuse may be commenced within 10
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| 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.
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| Nothing in this subdivision (i) shall be construed to
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| shorten a period within which a prosecution must be commenced | 17 |
| under any other
provision of this Section.
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| (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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LRB096 03921 RLC 13956 b |
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| victim attains 18
years of age.
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| Nothing in this subdivision (j) shall be construed to
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| shorten a period within which a prosecution must be commenced | 4 |
| under any other
provision of this Section.
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| (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.
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| (Source: P.A. 94-253, eff. 1-1-06; 94-990, eff. 1-1-07; 95-548, | 12 |
| eff. 8-30-07.)
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