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
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 2012 is amended by
5changing 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
8prosecution must be commenced under the provisions of Section
93-5 or other applicable statute is extended under the following
10conditions:
11    (a) A prosecution for theft involving a breach of a
12fiduciary obligation to the aggrieved person may be commenced
13as 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
13office by a public officer or employee may be commenced within
14one year after discovery of the offense by a person having a
15legal duty to report such offense, or in the absence of such
16discovery, within one year after the proper prosecuting officer
17becomes aware of the offense. However, in no such case is the
18period of limitation so extended more than 3 years beyond the
19expiration of the period otherwise applicable.
20    (b-5) When the victim is under 18 years of age at the time
21of the offense, a prosecution for involuntary servitude,
22involuntary sexual servitude of a minor, or trafficking in
23persons and related offenses under Section 10-9 of this Code
24may be commenced within one year of the victim attaining the
25age of 18 years. However, in no such case shall the time period
26for prosecution expire sooner than 3 years after the commission

 

 

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1of the offense.
2    (c) (Blank).
3    (d) A prosecution for child pornography, aggravated child
4pornography, indecent solicitation of a child, soliciting for a
5juvenile prostitute, juvenile pimping, exploitation of a
6child, or promoting juvenile prostitution except for keeping a
7place of juvenile prostitution may be commenced within one year
8of the victim attaining the age of 18 years. However, in no
9such case shall the time period for prosecution expire sooner
10than 3 years after the commission of the offense. When the
11victim is under 18 years of age, a prosecution for criminal
12sexual abuse may be commenced within one year of the victim
13attaining the age of 18 years. However, in no such case shall
14the time period for prosecution expire sooner than 3 years
15after the commission of the offense.
16    (e) Except as otherwise provided in subdivision (j), a
17prosecution for any offense involving sexual conduct or sexual
18penetration, as defined in Section 11-0.1 of this Code, where
19the defendant was within a professional or fiduciary
20relationship or a purported professional or fiduciary
21relationship with the victim at the time of the commission of
22the offense may be commenced within one year after the
23discovery of the offense by the victim.
24    (f) A prosecution for any offense set forth in Section 44
25of the "Environmental Protection Act", approved June 29, 1970,
26as amended, may be commenced within 5 years after the discovery

 

 

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1of such an offense by a person or agency having the legal duty
2to report the offense or in the absence of such discovery,
3within 5 years after the proper prosecuting officer becomes
4aware of the offense.
5    (f-5) A prosecution for any offense set forth in Section
616-30 of this Code may be commenced within 5 years after the
7discovery 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
11prosecution for criminal sexual assault, aggravated criminal
12sexual assault, or aggravated criminal sexual abuse may be
13commenced within 10 years of the commission of the offense if
14the victim reported the offense to law enforcement authorities
15within 3 years after the commission of the offense.
16    Nothing in this subdivision (i) shall be construed to
17shorten a period within which a prosecution must be commenced
18under any other provision of this Section.
19    (j) (1) When the victim is under 18 years of age at the
20time of the offense, a prosecution for criminal sexual assault,
21aggravated criminal sexual assault, predatory criminal sexual
22assault of a child, aggravated criminal sexual abuse, or felony
23criminal sexual abuse may be commenced at any time when
24corroborating physical evidence is available or an individual
25who is required to report an alleged or suspected commission of
26any of these offenses under the Abused and Neglected Child

 

 

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1Reporting 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
4of age at the time of the offense, a prosecution for criminal
5sexual assault, aggravated criminal sexual assault, predatory
6criminal sexual assault of a child, aggravated criminal sexual
7abuse, or felony criminal sexual abuse, or a prosecution for
8failure of a person who is required to report an alleged or
9suspected commission of any of these offenses under the Abused
10and Neglected Child Reporting Act may be commenced within 20
11years after the child victim attains 18 years of age.
12    (3) When the victim is under 18 years of age at the time of
13the offense, a prosecution for misdemeanor criminal sexual
14abuse may be commenced within 10 years after the child victim
15attains 18 years of age.
16    (4) Nothing in this subdivision (j) shall be construed to
17shorten a period within which a prosecution must be commenced
18under any other provision of this Section.
19    (k) A prosecution for theft involving real property
20exceeding $100,000 in value under Section 16-1, identity theft
21under subsection (a) of Section 16-30, aggravated identity
22theft under subsection (b) of Section 16-30, or any offense set
23forth in Article 16H or Section 17-10.6 may be commenced within
247 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
261035, eff. 7-1-11; 96-1551, Article 10, Section 10-140, eff.

 

 

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17-1-11; 97-597, eff. 1-1-12; 97-897, eff. 1-1-13.)".