HB1063 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB1063

 

Introduced , by Rep. Charles E. Jefferson

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/3-5  from Ch. 38, par. 3-5
720 ILCS 5/3-6  from Ch. 38, par. 3-6

    Amends the Criminal Code of 2012. Provides that a prosecution for any sex offense may be commenced at any time if the victim was under 18 years of age at the time of the offense.


LRB098 03415 RLC 33430 b

 

 

A BILL FOR

 

HB1063LRB098 03415 RLC 33430 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Sections 3-5 and 3-6 as follows:
 
6    (720 ILCS 5/3-5)  (from Ch. 38, par. 3-5)
7    Sec. 3-5. General Limitations.
8    (a) A prosecution for: (1) first degree murder, attempt to
9commit first degree murder, second degree murder, involuntary
10manslaughter, reckless homicide, leaving the scene of a motor
11vehicle accident involving death or personal injuries under
12Section 11-401 of the Illinois Vehicle Code, failing to give
13information and render aid under Section 11-403 of the Illinois
14Vehicle Code, concealment of homicidal death, treason, arson,
15aggravated arson, forgery, child pornography under paragraph
16(1) of subsection (a) of Section 11-20.1, aggravated child
17pornography under paragraph (1) of subsection (a) of Section
1811-20.1B, or (2) any offense involving sexual conduct or sexual
19penetration, as defined by Section 11-0.1 of this Code in which
20the DNA profile of the offender is obtained and entered into a
21DNA database within 10 years after the commission of the
22offense, or (3) any offense: (A) under Article 11 of the
23Criminal Code of 1961 or the Criminal Code of 2012 or (B)

 

 

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1criminal sexual assault, aggravated criminal sexual assault,
2predatory criminal sexual assault of a child, aggravated
3criminal sexual abuse, or criminal sexual abuse when the victim
4of any of the offenses listed in clause (A) or (B) of this
5paragraph (3) was under 18 years of age at the time of the
6offense, may be commenced at any time. Clause (2) of this
7subsection (a) applies if either: (i) the victim reported the
8offense to law enforcement authorities within 3 years after the
9commission of the offense unless a longer period for reporting
10the offense to law enforcement authorities is provided in
11Section 3-6 or (ii) the victim is murdered during the course of
12the offense or within 2 years after the commission of the
13offense.
14    (b) Unless the statute describing the offense provides
15otherwise, or the period of limitation is extended by Section
163-6, a prosecution for any offense not designated in Subsection
17(a) must be commenced within 3 years after the commission of
18the offense if it is a felony, or within one year and 6 months
19after its commission if it is a misdemeanor.
20(Source: P.A. 95-899, eff. 1-1-09; 96-292, eff. 1-1-10;
2196-1551, eff. 7-1-11.)
 
22    (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
23    Sec. 3-6. Extended limitations. The period within which a
24prosecution must be commenced under the provisions of Section
253-5 or other applicable statute is extended under the following

 

 

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1conditions:
2    (a) A prosecution for theft involving a breach of a
3fiduciary obligation to the aggrieved person may be commenced
4as follows:
5        (1) If the aggrieved person is a minor or a person
6    under legal disability, then during the minority or legal
7    disability or within one year after the termination
8    thereof.
9        (2) In any other instance, within one year after the
10    discovery of the offense by an aggrieved person, or by a
11    person who has legal capacity to represent an aggrieved
12    person or has a legal duty to report the offense, and is
13    not himself or herself a party to the offense; or in the
14    absence of such discovery, within one year after the proper
15    prosecuting officer becomes aware of the offense. However,
16    in no such case is the period of limitation so extended
17    more than 3 years beyond the expiration of the period
18    otherwise applicable.
19    (b) A prosecution for any offense based upon misconduct in
20office by a public officer or employee may be commenced within
21one year after discovery of the offense by a person having a
22legal duty to report such offense, or in the absence of such
23discovery, within one year after the proper prosecuting officer
24becomes aware of the offense. However, in no such case is the
25period of limitation so extended more than 3 years beyond the
26expiration of the period otherwise applicable.

 

 

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1    (b-5) When the victim is under 18 years of age at the time
2of the offense, a prosecution for involuntary servitude,
3involuntary sexual servitude of a minor, or trafficking in
4persons and related offenses under Section 10-9 of this Code
5may be commenced within one year of the victim attaining the
6age of 18 years. However, in no such case shall the time period
7for prosecution expire sooner than 3 years after the commission
8of the offense.
9    (c) (Blank).
10    (d) (Blank). A prosecution for child pornography,
11aggravated child pornography, indecent solicitation of a
12child, soliciting for a juvenile prostitute, juvenile pimping,
13exploitation of a child, or promoting juvenile prostitution
14except for keeping a place of juvenile prostitution may be
15commenced within one year of the victim attaining the age of 18
16years. However, in no such case shall the time period for
17prosecution expire sooner than 3 years after the commission of
18the offense. When the victim is under 18 years of age, a
19prosecution for criminal sexual abuse may be commenced within
20one year of the victim attaining the age of 18 years. However,
21in no such case shall the time period for prosecution expire
22sooner than 3 years after the commission of the offense.
23    (e) Except as otherwise provided in subdivision (j), a
24prosecution for any offense involving sexual conduct or sexual
25penetration, as defined in Section 11-0.1 of this Code, where
26the defendant was within a professional or fiduciary

 

 

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1relationship or a purported professional or fiduciary
2relationship with the victim at the time of the commission of
3the offense may be commenced within one year after the
4discovery of the offense by the victim.
5    (f) A prosecution for any offense set forth in Section 44
6of the "Environmental Protection Act", approved June 29, 1970,
7as amended, may be commenced within 5 years after the discovery
8of such an offense by a person or agency having the legal duty
9to report the offense or in the absence of such discovery,
10within 5 years after the proper prosecuting officer becomes
11aware of the offense.
12    (f-5) A prosecution for any offense set forth in Section
1316-30 of this Code may be commenced within 5 years after the
14discovery of the offense by the victim of that offense.
15    (g) (Blank).
16    (h) (Blank).
17    (i) Except as otherwise provided in subdivision (j), a
18prosecution for criminal sexual assault, aggravated criminal
19sexual assault, or aggravated criminal sexual abuse may be
20commenced within 10 years of the commission of the offense if
21the victim reported the offense to law enforcement authorities
22within 3 years after the commission of the offense.
23    Nothing in this subdivision (i) shall be construed to
24shorten a period within which a prosecution must be commenced
25under any other provision of this Section.
26    (j) When the victim is under 18 years of age at the time of

 

 

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1the offense, a prosecution for criminal sexual assault,
2aggravated criminal sexual assault, predatory criminal sexual
3assault of a child, aggravated criminal sexual abuse, or felony
4criminal sexual abuse, or a prosecution for failure of a person
5who is required to report an alleged or suspected commission of
6criminal sexual assault, aggravated criminal sexual assault,
7predatory criminal sexual assault of a child, aggravated
8criminal sexual abuse, or felony criminal sexual abuse any of
9these offenses under the Abused and Neglected Child Reporting
10Act may be commenced within 20 years after the child victim
11attains 18 years of age. When the victim is under 18 years of
12age at the time of the offense, a prosecution for misdemeanor
13criminal sexual abuse may be commenced within 10 years after
14the child victim attains 18 years of age.
15    Nothing in this subdivision (j) shall be construed to
16shorten a period within which a prosecution must be commenced
17under any other provision of this Section.
18    (k) A prosecution for theft involving real property
19exceeding $100,000 in value under Section 16-1, identity theft
20under subsection (a) of Section 16-30, aggravated identity
21theft under subsection (b) of Section 16-30, or any offense set
22forth in Article 16H or Section 17-10.6 may be commenced within
237 years of the last act committed in furtherance of the crime.
24(Source: P.A. 96-233, eff. 1-1-10; 96-1551, Article 2, Section
251035, eff. 7-1-11; 96-1551, Article 10, Section 10-140, eff.
267-1-11; 97-597, eff. 1-1-12; 97-897, eff. 1-1-13.)