Full Text of HB1063 98th General Assembly
HB1063sam001 98TH GENERAL ASSEMBLY | Sen. Jacqueline Y. Collins Filed: 5/21/2013
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| 1 | | AMENDMENT TO HOUSE BILL 1063
| 2 | | AMENDMENT NO. ______. Amend House Bill 1063 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Code of 2012 is amended by | 5 | | changing Section 3-6 as follows:
| 6 | | (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
| 7 | | 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:
| 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 |
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| 1 | | thereof.
| 2 | | (2) In any other instance, within one year after the | 3 | | discovery of the
offense by an aggrieved person, or by a | 4 | | person who has legal capacity to
represent an aggrieved | 5 | | person or has a legal duty to report the offense,
and is | 6 | | not himself or herself a party to the offense; or in the | 7 | | absence of such
discovery, within one year after the proper | 8 | | prosecuting officer becomes
aware of the offense. However, | 9 | | in no such case is the period of limitation
so extended | 10 | | more than 3 years beyond the expiration of the period | 11 | | otherwise
applicable.
| 12 | | (b) A prosecution for any offense based upon misconduct in | 13 | | office by a
public officer or employee may be commenced within | 14 | | one year after discovery
of the offense by a person having a | 15 | | legal duty to report such offense, or
in the absence of such | 16 | | discovery, within one year after the proper
prosecuting officer | 17 | | becomes aware of the offense. However, in no such case
is the | 18 | | period of limitation so extended more than 3 years beyond the
| 19 | | expiration of the period otherwise applicable.
| 20 | | (b-5) When the victim is under 18 years of age at the time | 21 | | of the offense, a prosecution for involuntary servitude, | 22 | | involuntary sexual servitude of a minor, or trafficking in | 23 | | persons and related offenses under Section 10-9 of this Code | 24 | | may be commenced within one year of the victim attaining the | 25 | | age of 18 years. However, in no such case shall the time period | 26 | | for prosecution expire sooner than 3 years after the commission |
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| 1 | | of the offense. | 2 | | (c) (Blank).
| 3 | | (d) A prosecution for child pornography, aggravated child | 4 | | pornography, indecent
solicitation of a
child, soliciting for a | 5 | | juvenile prostitute, juvenile pimping,
exploitation of a | 6 | | child, or promoting juvenile prostitution except for keeping a | 7 | | place of juvenile prostitution may be commenced within one year | 8 | | of the victim
attaining the age of 18 years. However, in no | 9 | | such case shall the time
period for prosecution expire sooner | 10 | | than 3 years after the commission of
the offense. When the | 11 | | victim is under 18 years of age, a prosecution for
criminal
| 12 | | sexual abuse may be commenced within
one year of the victim | 13 | | attaining the age of 18 years. However, in no such
case shall | 14 | | the time period for prosecution expire sooner than 3 years | 15 | | after
the commission of the offense.
| 16 | | (e) Except as otherwise provided in subdivision (j), a | 17 | | prosecution for
any offense involving sexual conduct or sexual
| 18 | | penetration, as defined in Section 11-0.1 of this Code, where | 19 | | the defendant
was within a professional or fiduciary | 20 | | relationship or a purported
professional or fiduciary | 21 | | relationship with the victim at the
time of the commission of | 22 | | the offense may be commenced within one year
after the | 23 | | discovery of the offense by the victim.
| 24 | | (f) A prosecution for any offense set forth in Section 44
| 25 | | of the "Environmental Protection Act", approved June 29, 1970, | 26 | | as amended,
may be commenced within 5 years after the discovery |
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| 1 | | of such
an offense by a person or agency having the legal duty | 2 | | to report the
offense or in the absence of such discovery, | 3 | | within 5 years
after the proper prosecuting officer becomes | 4 | | aware of the offense.
| 5 | | (f-5) A prosecution for any offense set forth in Section | 6 | | 16-30 of this Code may be commenced within 5 years after the | 7 | | discovery of the offense by the victim of that offense.
| 8 | | (g) (Blank).
| 9 | | (h) (Blank).
| 10 | | (i) Except as otherwise provided in subdivision (j), a | 11 | | prosecution for
criminal sexual assault, aggravated criminal
| 12 | | sexual assault, or aggravated criminal sexual abuse may be | 13 | | commenced within 10
years of the commission of the offense if | 14 | | the victim reported the offense to
law enforcement authorities | 15 | | within 3 years after the commission of the offense.
| 16 | | Nothing in this subdivision (i) shall be construed to
| 17 | | shorten a period within which a prosecution must be commenced | 18 | | under any other
provision of this Section.
| 19 | | (j) (1) When the victim is under 18 years of age at the | 20 | | time of the offense, a
prosecution
for criminal sexual assault, | 21 | | aggravated criminal sexual assault, predatory
criminal sexual | 22 | | assault of a child, aggravated criminal sexual abuse, or felony | 23 | | criminal sexual abuse may be commenced at any time when | 24 | | corroborating physical evidence is available or an individual | 25 | | who is required to report an alleged or suspected commission of | 26 | | any of these offenses under the Abused and Neglected Child |
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| 1 | | Reporting Act fails to do so. | 2 | | (2) In circumstances other than as described in paragraph | 3 | | (1) of this subsection (j), when the victim is under 18 years | 4 | | of age at the time of the offense, a prosecution for criminal | 5 | | sexual assault, aggravated criminal sexual assault, predatory | 6 | | criminal sexual assault of a child, aggravated criminal sexual | 7 | | abuse, or felony criminal sexual abuse , or a
prosecution for | 8 | | failure of a person who is required to report an alleged
or | 9 | | suspected commission of any of these offenses under the Abused | 10 | | and Neglected
Child Reporting Act may be
commenced within 20 | 11 | | years after the child victim attains 18
years of age. | 12 | | (3) When the victim is under 18 years of age at the time of | 13 | | the offense, a
prosecution
for misdemeanor criminal sexual | 14 | | abuse may be
commenced within 10 years after the child victim | 15 | | attains 18
years of age.
| 16 | | (4) 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. |
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| 1 | | 7-1-11; 97-597, eff. 1-1-12; 97-897, eff. 1-1-13.)".
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