Full Text of HB0457 94th General Assembly
HB0457sam001 94TH GENERAL ASSEMBLY
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Sen. John J. Cullerton
Filed: 5/13/2005
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09400HB0457sam001 |
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LRB094 06809 RLC 46183 a |
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| AMENDMENT TO HOUSE BILL 457
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| AMENDMENT NO. ______. Amend House Bill 457 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Criminal Code of 1961 is amended by | 5 |
| changing Section 3-6 as follows:
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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 | 8 |
| prosecution
must be commenced under the provisions of Section | 9 |
| 3-5 or other applicable
statute is extended under the following | 10 |
| conditions:
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| (a) A prosecution for theft involving a breach of a | 12 |
| fiduciary obligation
to the aggrieved person may be commenced | 13 |
| as follows:
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| (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.
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| (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 | 24 |
| prosecuting officer becomes
aware of the offense. However, |
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LRB094 06809 RLC 46183 a |
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| 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.
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| (b) A prosecution for any offense based upon misconduct in | 5 |
| office by a
public officer or employee may be commenced within | 6 |
| one year after discovery
of the offense by a person having a | 7 |
| legal duty to report such offense, or
in the absence of such | 8 |
| discovery, within one year after the proper
prosecuting officer | 9 |
| becomes aware of the offense. However, in no such case
is the | 10 |
| 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 | 13 |
| 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 | 15 |
| or sexual
penetration, as defined in Section 12-12 of this | 16 |
| Code, where the victim and
defendant are family members, as | 17 |
| defined in Section 12-12 of this Code, may
be commenced within | 18 |
| 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, | 21 |
| juvenile pimping or
exploitation of a child may be commenced | 22 |
| within one year of the victim
attaining the age of 18 years. | 23 |
| However, in no such case shall the time
period for prosecution | 24 |
| expire sooner than 3 years after the commission of
the offense. | 25 |
| 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 | 27 |
| victim attaining the age of 18 years. However, in no such
case | 28 |
| shall the time period for prosecution expire sooner than 3 | 29 |
| years after
the commission of the offense.
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| (e) Except as otherwise provided in subdivision (j), a | 31 |
| prosecution for
any offense involving sexual conduct or sexual
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| penetration, as defined in Section 12-12 of this Code, where | 33 |
| the defendant
was within a professional or fiduciary | 34 |
| relationship or a purported
professional or fiduciary |
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LRB094 06809 RLC 46183 a |
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| relationship with the victim at the
time of the commission of | 2 |
| the offense may be commenced within one year
after the | 3 |
| 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, | 6 |
| as amended,
may be commenced within 5 years after the discovery | 7 |
| of such
an offense by a person or agency having the legal duty | 8 |
| to report the
offense or in the absence of such discovery, | 9 |
| within 5 years
after the proper prosecuting officer becomes | 10 |
| aware of the offense.
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| (f-5) A prosecution for any offense set forth in Section | 12 |
| 16G-15 or 16G-20 of this Code may be commenced within 5 years | 13 |
| after the discovery of the offense by the victim of that | 14 |
| offense.
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| (g) (Blank).
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| (h) (Blank).
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| (i) Except as otherwise provided in subdivision (j), a | 18 |
| prosecution for
criminal sexual assault, aggravated criminal
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| sexual assault, or aggravated criminal sexual abuse may be | 20 |
| commenced within 10
years of the commission of the offense if | 21 |
| the victim reported the offense to
law enforcement authorities | 22 |
| within 2 years after 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 | 25 |
| 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 | 27 |
| the offense, a
prosecution
for criminal sexual assault, | 28 |
| aggravated criminal sexual assault, predatory
criminal sexual | 29 |
| assault of a child, or aggravated criminal sexual abuse or a
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| prosecution for failure of a person who is required to report | 31 |
| an alleged
or suspected commission of any of these offenses | 32 |
| under the Abused and Neglected
Child Reporting Act may be
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| commenced within 20 years after the child victim attains 18
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| years of age.
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LRB094 06809 RLC 46183 a |
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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 | 3 |
| under any other
provision of this Section.
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| (Source: P.A. 92-752, eff. 8-2-02;
92-801, eff. 8-16-02; | 5 |
| 93-356, eff. 7-24-03.)".
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