Illinois General Assembly - Full Text of HB1129
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Full Text of HB1129  99th General Assembly

HB1129eng 99TH GENERAL ASSEMBLY



 


 
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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 2012 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 may be commenced at any time for:
9         (1) first degree murder, attempt to commit first
10    degree murder, second degree murder, involuntary
11    manslaughter, reckless homicide, leaving the scene of a
12    motor vehicle accident involving death or personal
13    injuries under Section 11-401 of the Illinois Vehicle Code,
14    failing to give information and render aid under Section
15    11-403 of the Illinois Vehicle Code, concealment of
16    homicidal death, treason, arson, residential arson,
17    aggravated arson, or forgery; , child pornography under
18    paragraph (1) of subsection (a) of Section 11-20.1,
19    aggravated child pornography under paragraph (1) of
20    subsection (a) of Section 11-20.1B, or
21        (1.5) any of the following offenses under this Code,
22    when the victim is under 18 years of age at the time of the
23    offense:

 

 

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1            (i) solicitation to meet a child under Section
2        11-6.6;
3            (ii) child pornography under Section 11-20.1;
4            (iii) posting of identifying or graphic
5        information on a pornographic Internet site or
6        possessing graphic information with pornographic
7        material under Section 11-23;
8            (iv) non-consensual dissemination of private
9        sexual images under Section 11-23.5;
10            (v) grooming under Section 11-25; or
11            (vi) traveling to meet a minor under Section 11-26;
12        or
13        (2) any offense involving sexual conduct or sexual
14    penetration, as defined by Section 11-0.1 of this Code in
15    which the DNA profile of the offender is obtained and
16    entered into a DNA database within 10 years after the
17    commission of the offense, and may be commenced at any
18    time. Clause (2) of this subsection (a) applies if either:
19    (i) the victim reported the offense to law enforcement
20    authorities within 3 years after the commission of the
21    offense unless a longer period for reporting the offense to
22    law enforcement authorities is provided in Section 3-6 or
23    (ii) the victim is murdered during the course of the
24    offense or within 2 years after the commission of the
25    offense.
26    (b) Unless the statute describing the offense provides

 

 

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1otherwise, or the period of limitation is extended by Section
23-6, a prosecution for any offense not designated in Subsection
3(a) must be commenced within 3 years after the commission of
4the offense if it is a felony, or within one year and 6 months
5after its commission if it is a misdemeanor.
6(Source: P.A. 98-265, eff. 1-1-14.)
 
7    (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
8    Sec. 3-6. Extended limitations. The period within which a
9prosecution must be commenced under the provisions of Section
103-5 or other applicable statute is extended under the following
11conditions:
12    (a) A prosecution for theft involving a breach of a
13fiduciary obligation to the aggrieved person may be commenced
14as follows:
15        (1) If the aggrieved person is a minor or a person
16    under legal disability, then during the minority or legal
17    disability or within one year after the termination
18    thereof.
19        (2) In any other instance, within one year after the
20    discovery of the offense by an aggrieved person, or by a
21    person who has legal capacity to represent an aggrieved
22    person or has a legal duty to report the offense, and is
23    not himself or herself a party to the offense; or in the
24    absence of such discovery, within one year after the proper
25    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.
4    (b) A prosecution for any offense based upon misconduct in
5office by a public officer or employee may be commenced within
6one year after discovery of the offense by a person having a
7legal duty to report such offense, or in the absence of such
8discovery, within one year after the proper prosecuting officer
9becomes aware of the offense. However, in no such case is the
10period of limitation so extended more than 3 years beyond the
11expiration of the period otherwise applicable.
12    (b-5) When the victim is under 18 years of age at the time
13of the offense, a prosecution for involuntary servitude,
14involuntary sexual servitude of a minor, or trafficking in
15persons and related offenses under Section 10-9 of this Code
16may be commenced within one year of the victim attaining the
17age of 18 years. However, in no such case shall the time period
18for prosecution expire sooner than 3 years after the commission
19of the offense.
20    (c) (Blank).
21    (d) A prosecution for child pornography, aggravated child
22pornography, indecent solicitation of a child, soliciting for a
23juvenile prostitute, juvenile pimping, exploitation of a
24child, or promoting juvenile prostitution except for keeping a
25place of juvenile prostitution may be commenced within one year
26of the victim attaining the age of 18 years. However, in no

 

 

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1such case shall the time period for prosecution expire sooner
2than 3 years after the commission of the offense. When the
3victim is under 18 years of age, a prosecution for criminal
4sexual abuse may be commenced within one year of the victim
5attaining the age of 18 years. However, in no such case shall
6the time period for prosecution expire sooner than 3 years
7after the commission of the offense.
8    (e) Except as otherwise provided in subdivision (j), a
9prosecution for any offense involving sexual conduct or sexual
10penetration, as defined in Section 11-0.1 of this Code, where
11the defendant was within a professional or fiduciary
12relationship or a purported professional or fiduciary
13relationship with the victim at the time of the commission of
14the offense may be commenced within one year after the
15discovery of the offense by the victim.
16    (f) A prosecution for any offense set forth in Section 44
17of the "Environmental Protection Act", approved June 29, 1970,
18as amended, may be commenced within 5 years after the discovery
19of such an offense by a person or agency having the legal duty
20to report the offense or in the absence of such discovery,
21within 5 years after the proper prosecuting officer becomes
22aware of the offense.
23    (f-5) A prosecution for any offense set forth in Section
2416-30 of this Code may be commenced within 5 years after the
25discovery of the offense by the victim of that offense.
26    (g) (Blank).

 

 

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1    (h) (Blank).
2    (i) Except as otherwise provided in subdivision (j), a
3prosecution for criminal sexual assault, aggravated criminal
4sexual assault, or aggravated criminal sexual abuse may be
5commenced within 10 years of the commission of the offense if
6the victim reported the offense to law enforcement authorities
7within 3 years after the commission of the offense.
8    Nothing in this subdivision (i) shall be construed to
9shorten a period within which a prosecution must be commenced
10under any other provision of this Section.
11    (i-5) A prosecution for armed robbery, home invasion,
12kidnapping, or aggravated kidnaping may be commenced within 10
13years of the commission of the offense if it arises out of the
14same course of conduct and meets the criteria under one of the
15offenses in subsection (i) of this Section.
16    (j) (1) When the victim is under 18 years of age at the
17time of the 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 may be commenced at any time when
21corroborating physical evidence is available or an individual
22who is required to report an alleged or suspected commission of
23any of these offenses under the Abused and Neglected Child
24Reporting Act fails to do so.
25    (2) In circumstances other than as described in paragraph
26(1) of this subsection (j), when the victim is under 18 years

 

 

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1of age at the time of the offense, a prosecution for criminal
2sexual assault, aggravated criminal sexual assault, predatory
3criminal sexual assault of a child, aggravated criminal sexual
4abuse, or felony criminal sexual abuse, or a prosecution for
5failure of a person who is required to report an alleged or
6suspected commission of any of these offenses under the Abused
7and Neglected Child Reporting Act may be commenced within 20
8years after the child victim attains 18 years of age.
9    (3) When the victim is under 18 years of age at the time of
10the offense, a prosecution for misdemeanor criminal sexual
11abuse may be commenced within 10 years after the child victim
12attains 18 years of age.
13    (4) Nothing in this subdivision (j) shall be construed to
14shorten a period within which a prosecution must be commenced
15under any other provision of this Section.
16    (j-5) A prosecution for armed robbery, home invasion,
17kidnapping, or aggravated kidnaping may be commenced at any
18time if it arises out of the same course of conduct and meets
19the criteria under one of the offenses in subsection (j) of
20this Section.
21    (k) A prosecution for theft involving real property
22exceeding $100,000 in value under Section 16-1, identity theft
23under subsection (a) of Section 16-30, aggravated identity
24theft under subsection (b) of Section 16-30, or any offense set
25forth in Article 16H or Section 17-10.6 may be commenced within
267 years of the last act committed in furtherance of the crime.

 

 

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1    (l) A prosecution for any offense set forth in Section 26-4
2of this Code may be commenced within one year after the
3discovery of the offense by the victim of that offense.
4(Source: P.A. 98-293, eff. 1-1-14; 98-379, eff. 1-1-14; 98-756,
5eff. 7-16-14; 99-234, eff. 8-3-15.)