Illinois General Assembly - Full Text of HB5112
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Full Text of HB5112  100th General Assembly

HB5112 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5112

 

Introduced , by Rep. Keith R. Wheeler

 

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 2012. Provides that a prosecution for criminal sexual assault, aggravated criminal sexual assault, or aggravated criminal sexual abuse may be commenced at any time (rather than within 10 years of the commission of the offense if the victim reported the offense to law enforcement authorities within 3 years after the commission of the offense). Makes conforming changes.


LRB100 17754 SLF 32930 b

 

 

A BILL FOR

 

HB5112LRB100 17754 SLF 32930 b

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 for: (1) first degree murder, attempt to
9commit first degree murder, second degree murder, involuntary
10manslaughter, reckless homicide, or a violation of
11subparagraph (F) of paragraph (1) of subsection (d) of Section
1211-501 of the Illinois Vehicle Code for the offense of
13aggravated driving under the influence of alcohol, other drug
14or drugs, or intoxicating compound or compounds, or any
15combination thereof when the violation was a proximate cause of
16a death, leaving the scene of a motor vehicle accident
17involving death or personal injuries under Section 11-401 of
18the Illinois Vehicle Code, failing to give information and
19render aid under Section 11-403 of the Illinois Vehicle Code,
20concealment of homicidal death, treason, arson, residential
21arson, aggravated arson, forgery, child pornography under
22paragraph (1) of subsection (a) of Section 11-20.1, or
23aggravated child pornography under paragraph (1) of subsection

 

 

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1(a) of Section 11-20.1B, or (2) any offense involving sexual
2conduct or sexual penetration, as defined by Section 11-0.1 of
3this Code in which the DNA profile of the offender is obtained
4and entered into a DNA database within 10 years after the
5commission of the offense, may be commenced at any time. Clause
6(2) of this subsection (a) applies if either: (i) the victim
7reported the offense to law enforcement authorities within 3
8years after the commission of the offense unless a longer
9period for reporting the offense to law enforcement authorities
10is provided in Section 3-6 or (ii) the victim is murdered
11during the course of the offense or within 2 years after the
12commission of the offense.
13    (a-5) A prosecution for theft of property exceeding
14$100,000 in value under Section 16-1, identity theft under
15subsection (a) of Section 16-30, aggravated identity theft
16under subsection (b) of Section 16-30, financial exploitation
17of an elderly person or a person with a disability under
18Section 17-56; or any offense set forth in Article 16H or
19Section 17-10.6 may be commenced within 7 years of the last act
20committed in furtherance of the crime.
21    (b) Unless the statute describing the offense provides
22otherwise, or the period of limitation is extended by Section
233-6, a prosecution for any offense not designated in subsection
24(a) or (a-5) must be commenced within 3 years after the
25commission of the offense if it is a felony, or within one year
26and 6 months after its commission if it is a misdemeanor.

 

 

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1(Source: P.A. 99-820, eff. 8-15-16; 100-149, eff. 1-1-18;
2revised 10-5-17.)
 
3    (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
4    Sec. 3-6. Extended limitations. The period within which a
5prosecution must be commenced under the provisions of Section
63-5 or other applicable statute is extended under the following
7conditions:
8    (a) A prosecution for theft involving a breach of a
9fiduciary obligation to the aggrieved person may be commenced
10as follows:
11        (1) If the aggrieved person is a minor or a person
12    under legal disability, then during the minority or legal
13    disability or within one year after the termination
14    thereof.
15        (2) In any other instance, within one year after the
16    discovery of the offense by an aggrieved person, or by a
17    person who has legal capacity to represent an aggrieved
18    person or has a legal duty to report the offense, and is
19    not himself or herself a party to the offense; or in the
20    absence of such discovery, within one year after the proper
21    prosecuting officer becomes aware of the offense. However,
22    in no such case is the period of limitation so extended
23    more than 3 years beyond the expiration of the period
24    otherwise applicable.
25    (b) A prosecution for any offense based upon misconduct in

 

 

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1office by a public officer or employee may be commenced within
2one year after discovery of the offense by a person having a
3legal duty to report such offense, or in the absence of such
4discovery, within one year after the proper prosecuting officer
5becomes aware of the offense. However, in no such case is the
6period of limitation so extended more than 3 years beyond the
7expiration of the period otherwise applicable.
8    (b-5) When the victim is under 18 years of age at the time
9of the offense, a prosecution for involuntary servitude,
10involuntary sexual servitude of a minor, or trafficking in
11persons and related offenses under Section 10-9 of this Code
12may be commenced within 25 years of the victim attaining the
13age of 18 years.
14    (c) (Blank).
15    (d) A prosecution for child pornography, aggravated child
16pornography, indecent solicitation of a child, soliciting for a
17juvenile prostitute, juvenile pimping, exploitation of a
18child, or promoting juvenile prostitution except for keeping a
19place of juvenile prostitution may be commenced within one year
20of the victim attaining the age of 18 years. However, in no
21such case shall the time period for prosecution expire sooner
22than 3 years after the commission of the offense.
23    (e) Except as otherwise provided in subdivision (j), a
24prosecution for any offense involving sexual conduct or sexual
25penetration, as defined in Section 11-0.1 of this Code, where
26the defendant was within a professional or fiduciary

 

 

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1relationship or a purported professional or fiduciary
2relationship with the victim at the time of the commission of
3the offense may be commenced within one year after the
4discovery of the offense by the victim.
5    (f) A prosecution for any offense set forth in Section 44
6of the "Environmental Protection Act", approved June 29, 1970,
7as amended, may be commenced within 5 years after the discovery
8of such an offense by a person or agency having the legal duty
9to report the offense or in the absence of such discovery,
10within 5 years after the proper prosecuting officer becomes
11aware of the offense.
12    (f-5) A prosecution for any offense set forth in Section
1316-30 of this Code may be commenced within 5 years after the
14discovery of the offense by the victim of that offense.
15    (g) (Blank).
16    (h) (Blank).
17    (i) Except as otherwise provided in subdivision (j), a
18prosecution for criminal sexual assault, aggravated criminal
19sexual assault, or aggravated criminal sexual abuse may be
20commenced at any time within 10 years of the commission of the
21offense if the victim reported the offense to law enforcement
22authorities within 3 years after the commission of the offense.
23    Nothing in this subdivision (i) shall be construed to
24shorten a period within which a prosecution must be commenced
25under any other provision of this Section.
26    (i-5) A prosecution for armed robbery, home invasion,

 

 

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1kidnapping, or aggravated kidnaping may be commenced within 10
2years of the commission of the offense if it arises out of the
3same course of conduct and meets the criteria under one of the
4offenses in subsection (i) of this Section.
5    (j) (1) When the victim is under 18 years of age at the
6time of the offense, a prosecution for criminal sexual assault,
7aggravated criminal sexual assault, predatory criminal sexual
8assault of a child, aggravated criminal sexual abuse, or felony
9criminal sexual abuse may be commenced at any time.
10    (2) When the victim is under 18 years of age at the time of
11the offense, a prosecution for failure of a person who is
12required to report an alleged or suspected commission of
13criminal sexual assault, aggravated criminal sexual assault,
14predatory criminal sexual assault of a child, aggravated
15criminal sexual abuse, or felony criminal sexual abuse under
16the Abused and Neglected Child Reporting Act may be commenced
17within 20 years after the child victim attains 18 years of age.
18    (3) When the victim is under 18 years of age at the time of
19the offense, a prosecution for misdemeanor criminal sexual
20abuse may be commenced within 10 years after the child victim
21attains 18 years of age.
22    (4) Nothing in this subdivision (j) shall be construed to
23shorten a period within which a prosecution must be commenced
24under any other provision of this Section.
25    (j-5) A prosecution for armed robbery, home invasion,
26kidnapping, or aggravated kidnaping may be commenced at any

 

 

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1time if it arises out of the same course of conduct and meets
2the criteria under one of the offenses in subsection (j) of
3this Section.
4    (k) (Blank).
5    (l) A prosecution for any offense set forth in Section 26-4
6of this Code may be commenced within one year after the
7discovery of the offense by the victim of that offense.
8    (m) The prosecution shall not be required to prove at trial
9facts which extend the general limitations in Section 3-5 of
10this Code when the facts supporting extension of the period of
11general limitations are properly pled in the charging document.
12Any challenge relating to the extension of the general
13limitations period as defined in this Section shall be
14exclusively conducted under Section 114-1 of the Code of
15Criminal Procedure of 1963.
16(Source: P.A. 99-234, eff. 8-3-15; 99-820, eff. 8-15-16;
17100-80, eff. 8-11-17; 100-318, eff. 8-24-17; 100-434, eff.
181-1-18; revised 10-5-17.)