093_SB1035sam004











                                     LRB093 10792 RLC 14221 a

 1                    AMENDMENT TO SENATE BILL 1035

 2        AMENDMENT NO.     .  Amend Senate Bill 1035, AS  AMENDED,
 3    as follows:
 4    by replacing the title with the following:
 5        "AN ACT in relation to child abuse."; and

 6    by  replacing  everything  after the enacting clause with the
 7    following:

 8        "Section 5.  The Criminal Code  of  1961  is  amended  by
 9    changing Section 3-6 as follows:

10        (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
11        Sec.  3-6.  Extended limitations. The period within which
12    a prosecution must  be  commenced  under  the  provisions  of
13    Section 3-5 or other applicable statute is extended under the
14    following conditions:
15        (a)  A  prosecution  for  theft  involving  a breach of a
16    fiduciary obligation to the aggrieved person may be commenced
17    as follows:
18             (1)  If the aggrieved person is a minor or a  person
19        under legal disability, then during the minority or legal
20        disability  or  within  one  year  after  the termination
21        thereof.
 
                            -2-      LRB093 10792 RLC 14221 a
 1             (2)  In any other instance, within  one  year  after
 2        the  discovery  of the offense by an aggrieved person, or
 3        by a person  who  has  legal  capacity  to  represent  an
 4        aggrieved  person  or  has  a  legal  duty  to report the
 5        offense, and is not himself or herself  a  party  to  the
 6        offense;  or in the absence of such discovery, within one
 7        year after the proper prosecuting officer  becomes  aware
 8        of the offense. However, in no such case is the period of
 9        limitation  so  extended  more  than  3  years beyond the
10        expiration of the period otherwise applicable.
11        (b)  A prosecution for any offense based upon  misconduct
12    in  office  by  a public officer or employee may be commenced
13    within one year after discovery of the offense  by  a  person
14    having a legal duty to report such offense, or in the absence
15    of   such   discovery,  within  one  year  after  the  proper
16    prosecuting officer becomes aware of the offense. However, in
17    no such case is the period of  limitation  so  extended  more
18    than  3  years  beyond the expiration of the period otherwise
19    applicable.
20        (c)  Except as otherwise provided in  subsection  (a)  of
21    Section  3-5  of this Code and subdivision (i) or (j) of this
22    Section, a  prosecution  for  any  offense  involving  sexual
23    conduct or sexual penetration, as defined in Section 12-12 of
24    this Code, where the victim and defendant are family members,
25    as  defined  in  Section 12-12 of this Code, may be commenced
26    within one year of the victim attaining the age of 18 years.
27        (d)  A  prosecution  for  child   pornography,   indecent
28    solicitation   of   a   child,   soliciting  for  a  juvenile
29    prostitute, juvenile pimping or exploitation of a  child  may
30    be  commenced within one year of the victim attaining the age
31    of 18 years. However, in no such case shall the  time  period
32    for   prosecution  expire  sooner  than  3  years  after  the
33    commission of the offense.  When the victim is under 18 years
34    of age, a  prosecution  for  criminal  sexual  abuse  may  be
 
                            -3-      LRB093 10792 RLC 14221 a
 1    commenced  within one year of the victim attaining the age of
 2    18 years.  However, in no such case shall the time period for
 3    prosecution expire sooner than 3 years after  the  commission
 4    of the offense.
 5        (e)  Except  as  otherwise provided in subdivision (j), a
 6    prosecution for  any  offense  involving  sexual  conduct  or
 7    sexual penetration, as defined in Section 12-12 of this Code,
 8    where  the  defendant  was within a professional or fiduciary
 9    relationship  or  a  purported  professional   or   fiduciary
10    relationship with the victim at the time of the commission of
11    the  offense  may  be  commenced  within  one  year after the
12    discovery of the offense by the victim.
13        (f)  A prosecution for any offense set forth  in  Section
14    44  of  the "Environmental Protection Act", approved June 29,
15    1970, as amended, may be commenced within 5 years  after  the
16    discovery of such an offense by a person or agency having the
17    legal  duty  to  report the offense or in the absence of such
18    discovery,  within  5  years  after  the  proper  prosecuting
19    officer becomes aware of the offense.
20        (g)  (Blank).
21        (h)  (Blank).
22        (i)  Except as otherwise provided in subdivision  (j),  a
23    prosecution  for criminal sexual assault, aggravated criminal
24    sexual assault, or aggravated criminal sexual  abuse  may  be
25    commenced within 10 years of the commission of the offense if
26    the   victim   reported   the   offense  to  law  enforcement
27    authorities within  2  years  after  the  commission  of  the
28    offense.
29        Nothing  in  this  subdivision  (i) shall be construed to
30    shorten a period within which a prosecution must be commenced
31    under any other provision of this Section.
32        (j)  When the victim is under 18 years of age at the time
33    of the offense, a prosecution for  criminal  sexual  assault,
34    aggravated criminal sexual assault, predatory criminal sexual
 
                            -4-      LRB093 10792 RLC 14221 a
 1    assault  of a child, or aggravated criminal sexual abuse or a
 2    prosecution for failure of a person who is required to report
 3    an alleged or suspected commission of any of  these  offenses
 4    under  the  Abused  and  Neglected Child Reporting Act may be
 5    commenced within 20 years 10 years  after  the  child  victim
 6    attains 18 years of age.
 7        Nothing  in  this  subdivision  (j) shall be construed to
 8    shorten a period within which a prosecution must be commenced
 9    under any other provision of this Section.
10    (Source: P.A. 91-475,  eff.  1-1-00;  91-801,  eff.  6-13-00;
11    92-752,   eff.   8-2-02;   92-801,   eff.   8-16-02;  revised
12    9-11-02.)".

13        Section 10.  The Code of Civil Procedure  is  amended  by
14    changing Section 13-202.2 as follows:

15        (735 ILCS 5/13-202.2) (from Ch. 110, par. 13-202.2)
16        Sec. 13-202.2. Childhood sexual abuse.
17        (a)  In this Section:
18        "Childhood  sexual  abuse"  means  an act of sexual abuse
19    that occurs when the person abused is under 18 years of age.
20        "Sexual abuse" includes but  is  not  limited  to  sexual
21    conduct and sexual penetration as defined in Section 12-12 of
22    the Criminal Code of 1961.
23        (b)  Notwithstanding  any  other  provision  of  law,  an
24    action  for  damages  for  personal injury based on childhood
25    sexual abuse must be commenced within 10 years  of  the  date
26    the  limitation  period begins to run under subsection (d) or
27    within 5 2 years of the date the person abused  discovers  or
28    through  the use of reasonable diligence should discover both
29    (i) that the act of childhood sexual abuse occurred and  (ii)
30    that the injury was caused by the childhood sexual abuse. The
31    fact  that  the person abused discovers or through the use of
32    reasonable  diligence  should  discover  that  the   act   of
 
                            -5-      LRB093 10792 RLC 14221 a
 1    childhood sexual abuse occurred is not, by itself, sufficient
 2    to  start  the  discovery  period  under this subsection (b).
 3    Knowledge of the abuse does not constitute discovery  of  the
 4    injury    or    the    causal    relationship   between   any
 5    later-discovered injury and the abuse.
 6        (c)  If the injury  is  caused  by  2  or  more  acts  of
 7    childhood  sexual  abuse that are part of a continuing series
 8    of acts of childhood sexual abuse by the  same  abuser,  then
 9    the  discovery  period under subsection (b) shall be computed
10    from the date the person abused discovers or through the  use
11    of  reasonable  diligence  should  discover both (i) that the
12    last act of childhood sexual abuse in the  continuing  series
13    occurred  and  (ii)  that the injury was caused by any act of
14    childhood sexual abuse in the  continuing  series.  The  fact
15    that  the  person  abused  discovers  or  through  the use of
16    reasonable diligence should discover that  the  last  act  of
17    childhood  sexual  abuse in the continuing series occurred is
18    not, by itself, sufficient  to  start  the  discovery  period
19    under  subsection  (b).  Knowledge  of  the  abuse  does  not
20    constitute discovery of the injury or the causal relationship
21    between any later-discovered injury and the abuse.
22        (d)  The  limitation  periods under subsection (b) do not
23    begin to run before the person abused attains the age  of  18
24    years;  and, if at the time the person abused attains the age
25    of 18 years he or she is under other  legal  disability,  the
26    limitation  periods  under subsection (b) do not begin to run
27    until the removal of the disability.
28        (d-1)  The limitation periods in subsection  (b)  do  not
29    run during a time period when the person abused is subject to
30    threats,  intimidation, manipulation, or fraud perpetrated by
31    the abuser or by any person acting in  the  interest  of  the
32    abuser.
33        (e)  This  Section  applies  to  actions  pending  on the
34    effective date of this amendatory Act of 1990 as well  as  to
 
                            -6-      LRB093 10792 RLC 14221 a
 1    actions  commenced on or after that date. The changes made by
 2    this amendatory Act of  1993  shall  apply  only  to  actions
 3    commenced  on  or after the effective date of this amendatory
 4    Act of 1993. The changes made by this amendatory Act  of  the
 5    93rd  General  Assembly  apply  to  actions  pending  on  the
 6    effective  date  of  this  amendatory Act of the 93rd General
 7    Assembly as well as actions commenced on or after that date.
 8    (Source: P.A. 88-127.)

 9        Section 99.  Effective date.  This Act takes effect  upon
10    becoming law.".