Full Text of SB1422 100th General Assembly
SB1422enr 100TH GENERAL ASSEMBLY |
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| 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 2012 is amended by changing | 5 | | Sections 3-6 and 3-7 as follows:
| 6 | | (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
| 7 | | Sec. 3-6. Extended limitations. The period within which a | 8 | | prosecution
must be commenced under the provisions of Section | 9 | | 3-5 or other applicable
statute is extended under the following | 10 | | conditions:
| 11 | | (a) A prosecution for theft involving a breach of a | 12 | | fiduciary obligation
to the aggrieved person may be commenced | 13 | | as follows:
| 14 | | (1) If the aggrieved person is a minor or a person | 15 | | under legal disability,
then during the minority or legal | 16 | | disability or within one year after the
termination | 17 | | thereof.
| 18 | | (2) In any other instance, within one year after the | 19 | | discovery of the
offense by an aggrieved person, or by a | 20 | | person who has legal capacity to
represent an aggrieved | 21 | | person or has a legal duty to report the offense,
and is | 22 | | not himself or herself a party to the offense; or in the | 23 | | absence of such
discovery, within one year after the proper |
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| 1 | | prosecuting officer becomes
aware of the offense. However, | 2 | | in no such case is the period of limitation
so extended | 3 | | more than 3 years beyond the expiration of the period | 4 | | otherwise
applicable.
| 5 | | (b) A prosecution for any offense based upon misconduct in | 6 | | office by a
public officer or employee may be commenced within | 7 | | one year after discovery
of the offense by a person having a | 8 | | legal duty to report such offense, or
in the absence of such | 9 | | discovery, within one year after the proper
prosecuting officer | 10 | | becomes aware of the offense. However, in no such case
is the | 11 | | period of limitation so extended more than 3 years beyond the
| 12 | | expiration of the period otherwise applicable.
| 13 | | (b-5) When the victim is under 18 years of age at the time | 14 | | of the offense, a prosecution for involuntary servitude, | 15 | | involuntary sexual servitude of a minor, or trafficking in | 16 | | persons and related offenses under Section 10-9 of this Code | 17 | | may be commenced within one year of the victim attaining the | 18 | | age of 18 years. However, in no such case shall the time period | 19 | | for prosecution expire sooner than 3 years after the commission | 20 | | of the offense. | 21 | | (c) (Blank).
| 22 | | (d) A prosecution for child pornography, aggravated child | 23 | | pornography, indecent
solicitation of a
child, soliciting for a | 24 | | juvenile prostitute, juvenile pimping,
exploitation of a | 25 | | child, or promoting juvenile prostitution except for keeping a | 26 | | place of juvenile prostitution may be commenced within one year |
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| 1 | | of the victim
attaining the age of 18 years. However, in no | 2 | | such case shall the time
period for prosecution expire sooner | 3 | | than 3 years after the commission of
the offense. When the | 4 | | victim is under 18 years of age, a prosecution for
criminal
| 5 | | sexual abuse may be commenced within
one year of the victim | 6 | | attaining the age of 18 years. However, in no such
case shall | 7 | | the time period for prosecution expire sooner than 3 years | 8 | | after
the commission of the offense.
| 9 | | (e) Except as otherwise provided in subdivision (j), a | 10 | | prosecution for
any offense involving sexual conduct or sexual
| 11 | | penetration, as defined in Section 11-0.1 of this Code, where | 12 | | the defendant
was within a professional or fiduciary | 13 | | relationship or a purported
professional or fiduciary | 14 | | relationship with the victim at the
time of the commission of | 15 | | the offense may be commenced within one year
after the | 16 | | discovery of the offense by the victim.
| 17 | | (f) A prosecution for any offense set forth in Section 44
| 18 | | of the "Environmental Protection Act", approved June 29, 1970, | 19 | | as amended,
may be commenced within 5 years after the discovery | 20 | | of such
an offense by a person or agency having the legal duty | 21 | | to report the
offense or in the absence of such discovery, | 22 | | within 5 years
after the proper prosecuting officer becomes | 23 | | aware of the offense.
| 24 | | (f-5) A prosecution for any offense set forth in Section | 25 | | 16-30 of this Code may be commenced within 5 years after the | 26 | | discovery of the offense by the victim of that offense.
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| 1 | | (g) (Blank).
| 2 | | (h) (Blank).
| 3 | | (i) Except as otherwise provided in subdivision (j), a | 4 | | prosecution for
criminal sexual assault, aggravated criminal
| 5 | | sexual assault, or aggravated criminal sexual abuse may be | 6 | | commenced within 10
years of the commission of the offense if | 7 | | the victim reported the offense to
law enforcement authorities | 8 | | within 3 years after the commission of the offense.
| 9 | | Nothing in this subdivision (i) shall be construed to
| 10 | | shorten a period within which a prosecution must be commenced | 11 | | under any other
provision of this Section.
| 12 | | (i-5) A prosecution for armed robbery, home invasion, | 13 | | kidnapping, or aggravated kidnaping may be commenced within 10 | 14 | | years of the commission of the offense if it arises out of the | 15 | | same course of conduct and meets the criteria under one of the | 16 | | offenses in subsection (i) of this Section. | 17 | | (j) (1) When the victim is under 18 years of age at the | 18 | | time of the offense, a
prosecution
for criminal sexual assault, | 19 | | aggravated criminal sexual assault, predatory
criminal sexual | 20 | | assault of a child, aggravated criminal sexual abuse, or felony | 21 | | criminal sexual abuse may be commenced at any time when | 22 | | corroborating physical evidence is available or an individual | 23 | | who is required to report an alleged or suspected commission of | 24 | | any of these offenses under the Abused and Neglected Child | 25 | | Reporting Act fails to do so. | 26 | | (2) In circumstances other than as described in paragraph |
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| 1 | | (1) of this subsection (j), when the victim is under 18 years | 2 | | of age at the time of the offense, a prosecution for criminal | 3 | | sexual assault, aggravated criminal sexual assault, predatory | 4 | | criminal sexual assault of a child, aggravated criminal sexual | 5 | | abuse, or felony criminal sexual abuse, or a
prosecution for | 6 | | failure of a person who is required to report an alleged
or | 7 | | suspected commission of any of these offenses under the Abused | 8 | | and Neglected
Child Reporting Act may be
commenced within 20 | 9 | | years after the child victim attains 18
years of age. | 10 | | (3) When the victim is under 18 years of age at the time of | 11 | | the offense, a
prosecution
for misdemeanor criminal sexual | 12 | | abuse may be
commenced within 10 years after the child victim | 13 | | attains 18
years of age.
| 14 | | (4) Nothing in this subdivision (j) shall be construed to
| 15 | | shorten a period within which a prosecution must be commenced | 16 | | under any other
provision of this Section.
| 17 | | (j-5) A prosecution for armed robbery, home invasion, | 18 | | kidnapping, or aggravated kidnaping may be commenced at any | 19 | | time if it arises out of the same course of conduct and meets | 20 | | the criteria under one of the offenses in subsection (j) of | 21 | | this Section. | 22 | | (k) (Blank).
| 23 | | (l) A prosecution for any offense set forth in Section 26-4 | 24 | | of this Code may be commenced within one year after the | 25 | | discovery of the offense by the victim of that offense. | 26 | | (m) The prosecution shall not be required to prove at trial |
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| 1 | | facts which extend the general limitations in Section 3-5 of | 2 | | this Code when the facts supporting extension of the period of | 3 | | general limitations are properly pled in the charging document. | 4 | | Any challenge relating to the extension of the general | 5 | | limitations period as defined in this Section shall be | 6 | | exclusively conducted under Section 114-1 of the Code of | 7 | | Criminal Procedure of 1963. | 8 | | (Source: P.A. 98-293, eff. 1-1-14; 98-379, eff. 1-1-14; 98-756, | 9 | | eff. 7-16-14; 99-234, eff. 8-3-15; 99-820, eff. 8-15-16.)
| 10 | | (720 ILCS 5/3-7) (from Ch. 38, par. 3-7)
| 11 | | Sec. 3-7. Periods
excluded from limitation. | 12 | | (a) The period within which a prosecution must be commenced | 13 | | does not include
any period in which:
| 14 | | (1) the defendant is not usually and publicly resident | 15 | | within this
State; or
| 16 | | (2) the defendant is a public officer and the offense | 17 | | charged is theft
of public funds while in public office; or
| 18 | | (3) a prosecution is pending against the defendant for | 19 | | the same conduct,
even if the indictment or information | 20 | | which commences the prosecution is
quashed or the | 21 | | proceedings thereon are set aside, or are reversed on
| 22 | | appeal; or
| 23 | | (4) a proceeding or an appeal from a proceeding | 24 | | relating
to the quashing or enforcement of a Grand Jury | 25 | | subpoena issued in connection
with an investigation of a |
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| 1 | | violation of a criminal law of this State is
pending. | 2 | | However, the period within which a prosecution must be | 3 | | commenced
includes any period in which the State brings a | 4 | | proceeding or an appeal from a
proceeding specified in this | 5 | | paragraph (4); or
| 6 | | (5) a material witness is placed on active military | 7 | | duty or leave. In
this paragraph (5), "material witness" | 8 | | includes, but is not limited to, the
arresting officer, | 9 | | occurrence witness, or the alleged victim of the offense; | 10 | | or | 11 | | (6) the victim of unlawful force or threat of imminent | 12 | | bodily harm to obtain information or a
confession is | 13 | | incarcerated, and the victim's incarceration, in whole or | 14 | | in part, is a consequence of the unlawful force or
threats; | 15 | | or | 16 | | (7) the sexual assault evidence is collected and | 17 | | submitted to the Department of State Police until the | 18 | | completion of the analysis of the submitted evidence.
| 19 | | (a-5) The prosecution shall not be required to prove at | 20 | | trial facts establishing periods excluded from the general | 21 | | limitations in Section 3-5 of this Code when the facts | 22 | | supporting periods being excluded from the general limitations | 23 | | are properly pled in the charging document. Any challenge | 24 | | relating to periods of exclusion as defined in this Section | 25 | | shall be exclusively conducted under Section 114-1 of the Code | 26 | | of Criminal Procedure of 1963. |
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| 1 | | (b) For the purposes of this Section: | 2 | | "Completion of the analysis of the submitted evidence" | 3 | | means analysis of the collected evidence and conducting of | 4 | | laboratory
tests and the comparison of the collected | 5 | | evidence with the genetic marker grouping analysis | 6 | | information maintained by the Department of State Police | 7 | | under Section 5-4-3 of the Unified Code of Corrections and | 8 | | with the information contained in the Federal Bureau of | 9 | | Investigation's National DNA database. | 10 | | "Sexual assault" has the meaning ascribed to it in | 11 | | Section 1a of the Sexual Assault Survivors Emergency | 12 | | Treatment Act. | 13 | | "Sexual assault evidence" has the meaning ascribed to | 14 | | it in Section 5 of the Sexual Assault Evidence Submission | 15 | | Act. | 16 | | (Source: P.A. 99-252, eff. 1-1-16 .)
| 17 | | Section 10. The Code of Criminal Procedure of 1963 is | 18 | | amended by changing Section 114-1 as follows:
| 19 | | (725 ILCS 5/114-1) (from Ch. 38, par. 114-1)
| 20 | | Sec. 114-1. Motion to dismiss charge.
| 21 | | (a) Upon the written motion of the defendant made prior to | 22 | | trial before
or after a plea has been entered the court may | 23 | | dismiss the indictment,
information or complaint upon any of | 24 | | the following grounds:
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| 1 | | (1) The defendant has not been placed on trial in | 2 | | compliance
with Section 103-5 of this Code.
| 3 | | (2) The prosecution of the offense is barred by | 4 | | Sections 3-3 through
3-8 of the Criminal Code of 2012.
| 5 | | (3) The defendant has received immunity from | 6 | | prosecution for the offense
charged.
| 7 | | (4) The indictment was returned by a Grand Jury which | 8 | | was improperly
selected and which results in substantial | 9 | | injustice to the defendant.
| 10 | | (5) The indictment was returned by a Grand Jury which | 11 | | acted contrary to
Article 112 of this Code and which | 12 | | results in substantial injustice to the
defendant.
| 13 | | (6) The court in which the charge has been filed does | 14 | | not have
jurisdiction.
| 15 | | (7) The county is an improper place of trial.
| 16 | | (8) The charge does not state an offense.
| 17 | | (9) The indictment is based solely upon the testimony | 18 | | of an incompetent
witness.
| 19 | | (10) The defendant is misnamed in the charge and the | 20 | | misnomer results in
substantial injustice to the | 21 | | defendant.
| 22 | | (11) The requirements of Section 109-3.1 have not been | 23 | | complied with.
| 24 | | (b) The court shall require any motion to dismiss to be | 25 | | filed within a
reasonable time after the defendant has been | 26 | | arraigned. Any motion not
filed within such time or an |
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| 1 | | extension thereof shall not be considered by
the court and the | 2 | | grounds therefor, except as to subsections (a)(6) and
(a)(8) of | 3 | | this Section, are waived.
| 4 | | (c) If the motion presents only an issue of law the court | 5 | | shall
determine it without the necessity of further pleadings. | 6 | | If the motion
alleges facts not of record in the case the State | 7 | | shall file an answer
admitting or denying each of the factual | 8 | | allegations of the motion.
| 9 | | (d) When an issue of fact is presented by a motion to | 10 | | dismiss and the
answer of the State the court shall conduct a | 11 | | hearing and determine the
issues.
| 12 | | (d-5) When a defendant seeks dismissal of the charge upon | 13 | | the ground set
forth in subsection (a)(7) of this Section, the | 14 | | defendant shall make a prima
facie showing that the county is | 15 | | an improper place of trial. Upon such
showing, the State shall | 16 | | have the burden of proving, by a preponderance of
the evidence, | 17 | | that the county is the proper place of trial.
| 18 | | (d-6) When a defendant seeks dismissal of the charge upon | 19 | | the grounds set forth in subsection (a)(2) of this Section, the | 20 | | prosecution shall have the burden of proving, by a | 21 | | preponderance of the evidence, that the
prosecution of the | 22 | | offense is not barred by Sections 3-3 through 3-8 of the | 23 | | Criminal Code of 2012. | 24 | | (e) Dismissal of the charge upon the grounds set forth in | 25 | | subsections
(a)(4) through (a)(11) of this Section shall not | 26 | | prevent the return of a
new indictment or the filing of a new |
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| 1 | | charge, and upon such dismissal
the court may order that the | 2 | | defendant be held in custody or, if the
defendant had been | 3 | | previously released on bail, that the bail be continued for a | 4 | | specified time pending the return of a new
indictment or the | 5 | | filing of a new charge.
| 6 | | (f) If the court determines that the motion to dismiss | 7 | | based upon the
grounds set forth in subsections (a)(6) and | 8 | | (a)(7) is well founded it
may, instead of dismissal, order the | 9 | | cause transferred to a court of
competent jurisdiction or to a | 10 | | proper place of trial.
| 11 | | (Source: P.A. 97-1150, eff. 1-25-13.)
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