Full Text of SB2737 94th General Assembly
SB2737ham001 94TH GENERAL ASSEMBLY
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Rep. Constance A. Howard
Filed: 11/15/2006
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| AMENDMENT TO SENATE BILL 2737
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| AMENDMENT NO. ______. Amend Senate Bill 2737 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 Sections 3-7 and 12-7 as follows:
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| (720 ILCS 5/3-7) (from Ch. 38, par. 3-7)
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| Sec. 3-7. Periods
excluded from limitation.
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| The period within which a prosecution must be commenced | 9 |
| does not include
any period in which:
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| (a) The defendant is not usually and publicly resident | 11 |
| within this
State; or
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| (b) The defendant is a public officer and the offense | 13 |
| charged is theft
of public funds while in public office; or
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| (c) A prosecution is pending against the defendant for the | 15 |
| same conduct,
even if the indictment or information which | 16 |
| commences the prosecution is
quashed or the proceedings thereon | 17 |
| are set aside, or are reversed on
appeal; or
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| (d) A proceeding or an appeal from a proceeding relating
to | 19 |
| the quashing or enforcement of a Grand Jury subpoena issued in | 20 |
| connection
with an investigation of a violation of a criminal | 21 |
| law of this State is
pending. However, the period within which | 22 |
| a prosecution must be commenced
includes any period in which | 23 |
| the State brings a proceeding or an appeal from a
proceeding | 24 |
| specified in this subsection (d); or
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| (e) A material witness is placed on active military duty or | 2 |
| leave. In
this subsection (e), "material witness" includes, but | 3 |
| is not limited to, the
arresting officer, occurrence witness, | 4 |
| or the alleged victim of the offense.
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| If a person is charged with using unlawful force or threats | 6 |
| to obtain information or a
confession, and the victim of such | 7 |
| force or threat is incarcerated as a consequence of this | 8 |
| unlawful conduct (whether
the incarceration is directly or | 9 |
| indirectly, in whole or in part, the result of the unlawful | 10 |
| force or
threats), the period within which a prosecution must | 11 |
| be commenced is tolled during the period of the incarceration.
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| (Source: P.A. 93-417, eff. 8-5-03.)
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| (720 ILCS 5/12-7) (from Ch. 38, par. 12-7)
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| Sec. 12-7. Compelling confession or information by force or | 15 |
| threat.
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| (a) A person who, with intent to obtain a confession, | 17 |
| statement or
information regarding any offense, inflicts or | 18 |
| threatens to inflict
physical harm upon the person threatened | 19 |
| or upon any other person commits
the offense of compelling a | 20 |
| confession or information by force or threat. | 21 |
| (b) Independent of any criminal prosecution or the result | 22 |
| thereof, any person suffering injury to his or her person or | 23 |
| damage
to his or her property as a result of having been | 24 |
| compelled to confess or provide information by force or threat | 25 |
| may bring a civil action
for damages, injunctive relief, or | 26 |
| other appropriate relief. Upon a finding of liability, the | 27 |
| court
shall award actual damages, including damages for | 28 |
| emotional distress, punitive damages, when
appropriate, and | 29 |
| any suitable equitable relief. A judgment in favor of the | 30 |
| prevailing plaintiff
shall include an award for reasonable | 31 |
| attorney's fees and costs. | 32 |
| (c) Independent of any criminal prosecution or the result | 33 |
| thereof, any person suffering damages as a result of
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| retaliatory action may bring a civil action for damages, | 2 |
| injunctive relief, or other appropriate
relief. A judgment in | 3 |
| favor of the prevailing plaintiff shall include an award for | 4 |
| reasonable
attorney's fees and costs. | 5 |
| (d) For purposes of this Section, "retaliatory action" | 6 |
| means: (1) tortious
conduct directed against an individual, or | 7 |
| (2) the reprimand, discharge, suspension, demotion, or
denial | 8 |
| of promotion or change in the terms and conditions of | 9 |
| employment, that is taken in
retaliation because he or she has | 10 |
| opposed or reported that which he or she reasonably and in
good | 11 |
| faith believed to be the use of force or threat to compel a | 12 |
| confession or information
regarding an offense, or because he | 13 |
| or she has made a charge, filed a complaint, testified,
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| assisted, or participated in an investigation, proceeding, or | 15 |
| hearing involving the use of force or threat to compel a | 16 |
| confession or information regarding an offense.
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| (e)
(b) Sentence.
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| Compelling a confession or information is a : (1) Class 4 | 19 |
| felony if the
defendant uses threats to inflict physical harm | 20 |
| to obtain a confession, statement, or information but does not | 21 |
| inflict
physical harm on the victim, (2) Class 1 felony if the | 22 |
| defendant inflicts physical harm on
the victim to obtain a | 23 |
| confession, statement, or information, but does not torture the | 24 |
| victim, and
(3) Class X felony if the defendant tortures the | 25 |
| victim to obtain a confession, statement, or
information. For | 26 |
| purposes of this subsection (e), "torture" means the infliction | 27 |
| of or subjection to severe physical pain .
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| (Source: P.A. 77-2638.)
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| Section 10. The Code of Civil Procedure is amended by | 30 |
| changing Section 13-202 as follows:
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| (735 ILCS 5/13-202) (from Ch. 110, par. 13-202)
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| Sec. 13-202. Personal injury - Penalty. Actions for damages |
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| for an injury
to the person, or for
false imprisonment, or | 2 |
| malicious prosecution, or for a statutory
penalty, or for | 3 |
| abduction, or for seduction, or for criminal
conversation, | 4 |
| except damages resulting from first degree murder or the | 5 |
| commission of
a Class X felony and the perpetrator thereof is | 6 |
| convicted of such crime,
shall be commenced within 2 years next | 7 |
| after the cause
of action accrued but such an action against a | 8 |
| defendant arising from a
crime committed by the defendant in | 9 |
| whose name an escrow account was established
under the | 10 |
| "Criminal Victims' Escrow Account Act" shall be commenced | 11 |
| within
2 years after the establishment of such account. If | 12 |
| false imprisonment, malicious prosecution, or compelling of a | 13 |
| confession or information by force or threat results in whole | 14 |
| or in part in a criminal prosecution of the plaintiff, the
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| 2-year period set out in this Section shall be tolled until the | 16 |
| plaintiff is released from incarceration, or the criminal | 17 |
| prosecution has been resolved in favor of the above referred | 18 |
| plaintiff, whether as a result of trial court proceedings, | 19 |
| direct appeal, State or federal collateral proceedings, or | 20 |
| action by the Governor, whichever event last occurs.
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| (Source: P.A. 84-1450.)".
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