Full Text of SB2778 97th General Assembly
SB2778 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB2778 Introduced 1/18/2012, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED: | | 720 ILCS 5/3-6 | from Ch. 38, par. 3-6 |
|
Amends the Criminal Code of 1961. Makes a technical change in a Section
concerning extended statutes of limitations.
|
| |
| | A BILL FOR |
|
| | | SB2778 | | LRB097 16186 RLC 61339 b |
|
| 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 1961 is amended by changing | 5 | | Section 3-6 as follows:
| 6 | | (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
| 7 | | Sec. 3-6. Extended limitations. The The period within which | 8 | | a 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 |
| | | SB2778 | - 2 - | LRB097 16186 RLC 61339 b |
|
| 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 | | (c) (Blank).
| 14 | | (d) A prosecution for child pornography, aggravated child | 15 | | pornography, indecent
solicitation of a
child, soliciting for a | 16 | | juvenile prostitute, juvenile pimping,
exploitation of a | 17 | | child, or promoting juvenile prostitution except for keeping a | 18 | | place of juvenile prostitution may be commenced within one year | 19 | | of the victim
attaining the age of 18 years. However, in no | 20 | | such case shall the time
period for prosecution expire sooner | 21 | | than 3 years after the commission of
the offense. When the | 22 | | victim is under 18 years of age, a prosecution for
criminal
| 23 | | sexual abuse may be commenced within
one year of the victim | 24 | | attaining the age of 18 years. However, in no such
case shall | 25 | | the time period for prosecution expire sooner than 3 years | 26 | | after
the commission of the offense.
|
| | | SB2778 | - 3 - | LRB097 16186 RLC 61339 b |
|
| 1 | | (e) Except as otherwise provided in subdivision (j), a | 2 | | prosecution for
any offense involving sexual conduct or sexual
| 3 | | penetration, as defined in Section 11-0.1 of this Code, where | 4 | | the defendant
was within a professional or fiduciary | 5 | | relationship or a purported
professional or fiduciary | 6 | | relationship with the victim at the
time of the commission of | 7 | | the offense may be commenced within one year
after the | 8 | | discovery of the offense by the victim.
| 9 | | (f) A prosecution for any offense set forth in Section 44
| 10 | | of the "Environmental Protection Act", approved June 29, 1970, | 11 | | as amended,
may be commenced within 5 years after the discovery | 12 | | of such
an offense by a person or agency having the legal duty | 13 | | to report the
offense or in the absence of such discovery, | 14 | | within 5 years
after the proper prosecuting officer becomes | 15 | | aware of the offense.
| 16 | | (f-5) A prosecution for any offense set forth in Section | 17 | | 16-30 of this Code may be commenced within 5 years after the | 18 | | discovery of the offense by the victim of that offense.
| 19 | | (g) (Blank).
| 20 | | (h) (Blank).
| 21 | | (i) Except as otherwise provided in subdivision (j), a | 22 | | prosecution for
criminal sexual assault, aggravated criminal
| 23 | | sexual assault, or aggravated criminal sexual abuse may be | 24 | | commenced within 10
years of the commission of the offense if | 25 | | the victim reported the offense to
law enforcement authorities | 26 | | within 3 years after the commission of the offense.
|
| | | SB2778 | - 4 - | LRB097 16186 RLC 61339 b |
|
| 1 | | Nothing in this subdivision (i) shall be construed to
| 2 | | shorten a period within which a prosecution must be commenced | 3 | | under any other
provision of this Section.
| 4 | | (j) When the victim is under 18 years of age at the time of | 5 | | the offense, a
prosecution
for criminal sexual assault, | 6 | | aggravated criminal sexual assault, predatory
criminal sexual | 7 | | assault of a child, aggravated criminal sexual abuse, or felony | 8 | | criminal sexual abuse, or a
prosecution for failure of a person | 9 | | who is required to report an alleged
or suspected commission of | 10 | | any of these offenses under the Abused and Neglected
Child | 11 | | Reporting Act may be
commenced within 20 years after the child | 12 | | victim attains 18
years of age. When the victim is under 18 | 13 | | years of age at the time of the offense, a
prosecution
for | 14 | | misdemeanor criminal sexual abuse may be
commenced within 10 | 15 | | years after the child victim attains 18
years of age.
| 16 | | Nothing in this subdivision (j) shall be construed to
| 17 | | shorten a period within which a prosecution must be commenced | 18 | | under any other
provision of this Section.
| 19 | | (k) A prosecution for theft involving real property | 20 | | exceeding $100,000 in value under Section 16-1, identity theft | 21 | | under subsection (a) of Section 16-30, aggravated identity | 22 | | theft under subsection (b) of Section 16-30, or any offense set | 23 | | forth in Article 16H or Section 17-10.6 may be commenced within | 24 | | 7 years of the last act committed in furtherance of the crime.
| 25 | | (Source: P.A. 96-233, eff. 1-1-10; 96-1551, Article 2, Section | 26 | | 1035, eff. 7-1-11; 96-1551, Article 10, Section 10-140, eff. |
| | | SB2778 | - 5 - | LRB097 16186 RLC 61339 b |
|
| 1 | | 7-1-11; 97-597, eff. 1-1-12.) |
|