HB1129ham001 99TH GENERAL ASSEMBLY

Rep. Michelle Mussman

Filed: 5/17/2016

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1129

2    AMENDMENT NO. ______. Amend House Bill 1129 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 2012 is amended by
5changing Sections 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 may be commenced at any time for:
9         (1) first degree murder, attempt to commit first
10    degree murder, second degree murder, involuntary
11    manslaughter, reckless homicide, leaving the scene of a
12    motor vehicle accident involving death or personal
13    injuries under Section 11-401 of the Illinois Vehicle Code,
14    failing to give information and render aid under Section
15    11-403 of the Illinois Vehicle Code, concealment of
16    homicidal death, treason, arson, residential arson,

 

 

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1    aggravated arson, or forgery; , child pornography under
2    paragraph (1) of subsection (a) of Section 11-20.1,
3    aggravated child pornography under paragraph (1) of
4    subsection (a) of Section 11-20.1B, or
5        (1.5) any of the following offenses under this Code,
6    when the victim is under 18 years of age at the time of the
7    offense:
8            (i) solicitation to meet a child under Section
9        11-6.6;
10            (ii) child pornography under Section 11-20.1;
11            (iii) posting of identifying or graphic
12        information on a pornographic Internet site or
13        possessing graphic information with pornographic
14        material under Section 11-23;
15            (iv) non-consensual dissemination of private
16        sexual images under Section 11-23.5;
17            (v) grooming under Section 11-25; or
18            (vi) traveling to meet a minor under Section 11-26;
19        or
20        (2) any offense involving sexual conduct or sexual
21    penetration, as defined by Section 11-0.1 of this Code in
22    which the DNA profile of the offender is obtained and
23    entered into a DNA database within 10 years after the
24    commission of the offense, and may be commenced at any
25    time. Clause (2) of this subsection (a) applies if either:
26    (i) the victim reported the offense to law enforcement

 

 

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1    authorities within 3 years after the commission of the
2    offense unless a longer period for reporting the offense to
3    law enforcement authorities is provided in Section 3-6 or
4    (ii) the victim is murdered during the course of the
5    offense or within 2 years after the commission of the
6    offense.
7    (b) Unless the statute describing the offense provides
8otherwise, or the period of limitation is extended by Section
93-6, a prosecution for any offense not designated in Subsection
10(a) must be commenced within 3 years after the commission of
11the offense if it is a felony, or within one year and 6 months
12after its commission if it is a misdemeanor.
13(Source: P.A. 98-265, eff. 1-1-14.)
 
14    (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
15    Sec. 3-6. Extended limitations. The period within which a
16prosecution must be commenced under the provisions of Section
173-5 or other applicable statute is extended under the following
18conditions:
19    (a) A prosecution for theft involving a breach of a
20fiduciary obligation to the aggrieved person may be commenced
21as follows:
22        (1) If the aggrieved person is a minor or a person
23    under legal disability, then during the minority or legal
24    disability or within one year after the termination
25    thereof.

 

 

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1        (2) In any other instance, within one year after the
2    discovery of the offense by an aggrieved person, or by a
3    person who has legal capacity to represent an aggrieved
4    person or has a legal duty to report the offense, and is
5    not himself or herself a party to the offense; or in the
6    absence of such discovery, within one year after the proper
7    prosecuting officer becomes aware of the offense. However,
8    in no such case is the period of limitation so extended
9    more than 3 years beyond the expiration of the period
10    otherwise applicable.
11    (b) A prosecution for any offense based upon misconduct in
12office by a public officer or employee may be commenced within
13one year after discovery of the offense by a person having a
14legal duty to report such offense, or in the absence of such
15discovery, within one year after the proper prosecuting officer
16becomes aware of the offense. However, in no such case is the
17period of limitation so extended more than 3 years beyond the
18expiration of the period otherwise applicable.
19    (b-5) When the victim is under 18 years of age at the time
20of the offense, a prosecution for involuntary servitude,
21involuntary sexual servitude of a minor, or trafficking in
22persons and related offenses under Section 10-9 of this Code
23may be commenced within one year of the victim attaining the
24age of 18 years. However, in no such case shall the time period
25for prosecution expire sooner than 3 years after the commission
26of the offense.

 

 

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

 

 

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1to report the offense or in the absence of such discovery,
2within 5 years after the proper prosecuting officer becomes
3aware of the offense.
4    (f-5) A prosecution for any offense set forth in Section
516-30 of this Code may be commenced within 5 years after the
6discovery of the offense by the victim of that offense.
7    (g) (Blank).
8    (h) (Blank).
9    (i) Except as otherwise provided in subdivision (j), a
10prosecution for criminal sexual assault, aggravated criminal
11sexual assault, or aggravated criminal sexual abuse may be
12commenced within 10 years of the commission of the offense if
13the victim reported the offense to law enforcement authorities
14within 3 years after the commission of the offense.
15    Nothing in this subdivision (i) shall be construed to
16shorten a period within which a prosecution must be commenced
17under any other provision of this Section.
18    (i-5) A prosecution for armed robbery, home invasion,
19kidnapping, or aggravated kidnaping may be commenced within 10
20years of the commission of the offense if it arises out of the
21same course of conduct and meets the criteria under one of the
22offenses in subsection (i) of this Section.
23    (j) (1) When the victim is under 18 years of age at the
24time of the offense, a prosecution for criminal sexual assault,
25aggravated criminal sexual assault, predatory criminal sexual
26assault of a child, aggravated criminal sexual abuse, or felony

 

 

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1criminal sexual abuse may be commenced at any time when
2corroborating physical evidence is available or an individual
3who is required to report an alleged or suspected commission of
4any of these offenses under the Abused and Neglected Child
5Reporting Act fails to do so.
6    (2) In circumstances other than as described in paragraph
7(1) of this subsection (j), when the victim is under 18 years
8of age at the time of the offense, a prosecution for criminal
9sexual assault, aggravated criminal sexual assault, predatory
10criminal sexual assault of a child, aggravated criminal sexual
11abuse, or felony criminal sexual abuse, or a prosecution for
12failure of a person who is required to report an alleged or
13suspected commission of any of these offenses under the Abused
14and Neglected Child Reporting Act may be commenced within 20
15years after the child victim attains 18 years of age.
16    (3) When the victim is under 18 years of age at the time of
17the offense, a prosecution for misdemeanor criminal sexual
18abuse may be commenced within 10 years after the child victim
19attains 18 years of age.
20    (4) Nothing in this subdivision (j) shall be construed to
21shorten a period within which a prosecution must be commenced
22under any other provision of this Section.
23    (j-5) A prosecution for armed robbery, home invasion,
24kidnapping, or aggravated kidnaping may be commenced at any
25time if it arises out of the same course of conduct and meets
26the criteria under one of the offenses in subsection (j) of

 

 

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1this Section.
2    (k) A prosecution for theft involving real property
3exceeding $100,000 in value under Section 16-1, identity theft
4under subsection (a) of Section 16-30, aggravated identity
5theft under subsection (b) of Section 16-30, or any offense set
6forth in Article 16H or Section 17-10.6 may be commenced within
77 years of the last act committed in furtherance of the crime.
8    (l) A prosecution for any offense set forth in Section 26-4
9of this Code may be commenced within one year after the
10discovery of the offense by the victim of that offense.
11(Source: P.A. 98-293, eff. 1-1-14; 98-379, eff. 1-1-14; 98-756,
12eff. 7-16-14; 99-234, eff. 8-3-15.)".