Full Text of HB3849 100th General Assembly
HB3849 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3849 Introduced , by Rep. Sam Yingling 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 |
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Amends the Criminal Code of 2012. Provides that a prosecution may be commenced at any time when the victim is under 18 years of age at the time of the offense for: involuntary servitude, involuntary sexual servitude of a minor, trafficking in persons, indecent solicitation of a child, indecent solicitation of an adult, sexual exploitation of a child, permitting sexual abuse of a child, failure to report sexual abuse of a child, custodial sexual misconduct, sexual misconduct with a person with a disability, sexual relations within families, solicitation of a sexual act, promoting prostitution, promoting juvenile prostitution, patronizing a prostitute, or patronizing a minor engaged in prostitution.
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| | A BILL FOR |
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| | | HB3849 | | LRB100 05473 RLC 15484 b |
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| 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 2012 is amended by changing | 5 | | 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: (1) | 9 | | first degree murder, attempt to commit first
degree
murder, | 10 | | second degree murder,
involuntary manslaughter, reckless | 11 | | homicide, leaving the scene of a motor vehicle accident | 12 | | involving death or personal injuries under Section 11-401 of | 13 | | the Illinois Vehicle Code, failing to give information and | 14 | | render aid under Section 11-403 of the Illinois Vehicle Code, | 15 | | concealment of homicidal
death, treason, arson, residential | 16 | | arson, aggravated arson, forgery, child pornography under | 17 | | paragraph (1) of subsection (a) of Section 11-20.1, aggravated | 18 | | child pornography under paragraph (1) of subsection (a) of | 19 | | Section 11-20.1B ; , or | 20 | | (1.5) any of the following offenses under this Code, | 21 | | when the victim is under 18 years of age at the time of the | 22 | | offense: | 23 | | (i) involuntary servitude under subsection (b) of |
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| 1 | | Section
10-9; | 2 | | (ii) involuntary sexual servitude of a minor
under | 3 | | subsection (c) of Section 10-9; | 4 | | (iii) trafficking in persons
under subsection (d) | 5 | | of Section 10-9; | 6 | | (iv) indecent solicitation of a child
under | 7 | | Section 11-6; | 8 | | (v) indecent solicitation of an adult
under | 9 | | Section 11-6.5; | 10 | | (vi) sexual exploitation of a child
under Section | 11 | | 11-9.1; | 12 | | (vii) permitting sexual abuse of a child
under | 13 | | Section 11-9.1A; | 14 | | (viii) failure to report sexual abuse of a child
| 15 | | under Section 11-9.1B; | 16 | | (ix) custodial sexual misconduct
under Section | 17 | | 11-9.2; | 18 | | (x) sexual misconduct with a person with a | 19 | | disability
under Section 11-9.5; | 20 | | (xi) sexual relations within families
under | 21 | | Section 11-11; | 22 | | (xii) solicitation of a sexual act
under Section | 23 | | 11-14.1; | 24 | | (xiii) promoting prostitution
under Section | 25 | | 11-14.3; | 26 | | (xiv) promoting juvenile prostitution
under |
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| 1 | | Section 11-14.4; | 2 | | (xv) patronizing a prostitute
under Section 11-18; | 3 | | or | 4 | | (xvi) patronizing a minor engaged in prostitution
| 5 | | under Section 11-18.1; or | 6 | | (2) any offense
involving sexual conduct or sexual | 7 | | penetration, as defined by
Section 11-0.1 of this Code in | 8 | | which the DNA profile of the offender is
obtained and | 9 | | entered into a DNA database within 10 years after the | 10 | | commission
of the offense and , may be commenced at any
| 11 | | time.
Clause (2) of this subsection (a) applies if either: | 12 | | (i) the victim reported the
offense to law enforcement | 13 | | authorities within 3 years after the commission
of the | 14 | | offense unless a longer period for reporting the offense to | 15 | | law
enforcement authorities
is provided in Section 3-6 or | 16 | | (ii) the victim is murdered during the course of the | 17 | | offense or within 2 years after the commission of the | 18 | | offense.
| 19 | | (a-5) A prosecution for theft of property exceeding | 20 | | $100,000 in value under Section 16-1, identity theft under | 21 | | subsection (a) of Section 16-30, aggravated identity theft | 22 | | under subsection (b) of Section 16-30, financial exploitation | 23 | | of an elderly person or a person with a disability under | 24 | | Section 17-56; or any offense set forth in Article 16H or | 25 | | Section 17-10.6 may be commenced within 7 years of the last act | 26 | | committed in furtherance of the crime. |
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| 1 | | (b) Unless the statute describing the offense provides | 2 | | otherwise, or the
period of limitation is extended by Section | 3 | | 3-6, a prosecution for any
offense not designated in subsection | 4 | | (a) or (a-5) must be commenced within 3 years
after the | 5 | | commission of the offense if it is a felony, or within one year
| 6 | | and 6 months after its commission if it is a misdemeanor.
| 7 | | (Source: P.A. 98-265, eff. 1-1-14; 99-820, eff. 8-15-16.)
| 8 | | (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
| 9 | | Sec. 3-6. Extended limitations. The period within which a | 10 | | prosecution
must be commenced under the provisions of Section | 11 | | 3-5 or other applicable
statute is extended under the following | 12 | | conditions:
| 13 | | (a) A prosecution for theft involving a breach of a | 14 | | fiduciary obligation
to the aggrieved person may be commenced | 15 | | as follows:
| 16 | | (1) If the aggrieved person is a minor or a person | 17 | | under legal disability,
then during the minority or legal | 18 | | disability or within one year after the
termination | 19 | | thereof.
| 20 | | (2) In any other instance, within one year after the | 21 | | discovery of the
offense by an aggrieved person, or by a | 22 | | person who has legal capacity to
represent an aggrieved | 23 | | person or has a legal duty to report the offense,
and is | 24 | | not himself or herself a party to the offense; or in the | 25 | | absence of such
discovery, within one year after the proper |
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| 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 | | (b-5) (Blank). When the victim is under 18 years of age at | 14 | | the time of the offense, a prosecution for involuntary | 15 | | servitude, involuntary sexual servitude of a minor, or | 16 | | trafficking in persons and related offenses under Section 10-9 | 17 | | of this Code may be commenced within one year of the victim | 18 | | attaining the age of 18 years. However, in no such case shall | 19 | | the time period for prosecution expire sooner than 3 years | 20 | | after the commission of the offense. | 21 | | (c) (Blank).
| 22 | | (d) A prosecution for child pornography or , aggravated | 23 | | child pornography , indecent
solicitation of a
child, | 24 | | soliciting for a juvenile prostitute, juvenile pimping,
| 25 | | exploitation of a child, or promoting juvenile prostitution | 26 | | except for keeping a place of juvenile prostitution may be |
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| 1 | | commenced within one year of the victim
attaining the age of 18 | 2 | | years. However, in no such case shall the time
period for | 3 | | prosecution expire sooner than 3 years after the commission of
| 4 | | the offense. When the victim is under 18 years of age, a | 5 | | prosecution for
criminal
sexual abuse may be commenced within
| 6 | | one year of the victim attaining the age of 18 years. However, | 7 | | in no such
case shall the time period for prosecution expire | 8 | | sooner than 3 years after
the commission of the offense.
| 9 | | (e) Except as otherwise provided in subdivision (j), a | 10 | | prosecution for
any offense involving sexual conduct or sexual
| 11 | | penetration, as defined in Section 11-0.1 of this Code, where | 12 | | the defendant
was within a professional or fiduciary | 13 | | relationship or a purported
professional or fiduciary | 14 | | relationship with the victim at the
time of the commission of | 15 | | the offense may be commenced within one year
after the | 16 | | discovery of the offense by the victim.
| 17 | | (f) A prosecution for any offense set forth in Section 44
| 18 | | of the "Environmental Protection Act", approved June 29, 1970, | 19 | | as amended,
may be commenced within 5 years after the discovery | 20 | | of such
an offense by a person or agency having the legal duty | 21 | | to report the
offense or in the absence of such discovery, | 22 | | within 5 years
after the proper prosecuting officer becomes | 23 | | aware of the offense.
| 24 | | (f-5) A prosecution for any offense set forth in Section | 25 | | 16-30 of this Code may be commenced within 5 years after the | 26 | | discovery of the offense by the victim of that offense.
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| 1 | | (g) (Blank).
| 2 | | (h) (Blank).
| 3 | | (i) Except as otherwise provided in subdivision (j), a | 4 | | prosecution for
criminal sexual assault, aggravated criminal
| 5 | | sexual assault, or aggravated criminal sexual abuse may be | 6 | | commenced within 10
years of the commission of the offense if | 7 | | the victim reported the offense to
law enforcement authorities | 8 | | within 3 years after the commission of the offense.
| 9 | | Nothing in this subdivision (i) shall be construed to
| 10 | | shorten a period within which a prosecution must be commenced | 11 | | under any other
provision of this Section.
| 12 | | (i-5) A prosecution for armed robbery, home invasion, | 13 | | kidnapping, or aggravated kidnaping may be commenced within 10 | 14 | | years of the commission of the offense if it arises out of the | 15 | | same course of conduct and meets the criteria under one of the | 16 | | offenses in subsection (i) of this Section. | 17 | | (j) (1) When the victim is under 18 years of age at the | 18 | | time of the offense, a
prosecution
for criminal sexual assault, | 19 | | aggravated criminal sexual assault, predatory
criminal sexual | 20 | | assault of a child, aggravated criminal sexual abuse, or felony | 21 | | criminal sexual abuse may be commenced at any time when | 22 | | corroborating physical evidence is available or an individual | 23 | | who is required to report an alleged or suspected commission of | 24 | | any of these offenses under the Abused and Neglected Child | 25 | | Reporting Act fails to do so. | 26 | | (2) In circumstances other than as described in paragraph |
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| 1 | | (1) of this subsection (j), when the victim is under 18 years | 2 | | of age at the time of the offense, a prosecution for criminal | 3 | | sexual assault, aggravated criminal sexual assault, predatory | 4 | | criminal sexual assault of a child, aggravated criminal sexual | 5 | | abuse, or felony criminal sexual abuse, or a
prosecution for | 6 | | failure of a person who is required to report an alleged
or | 7 | | suspected commission of any of these offenses under the Abused | 8 | | and Neglected
Child Reporting Act may be
commenced within 20 | 9 | | years after the child victim attains 18
years of age. | 10 | | (3) When the victim is under 18 years of age at the time of | 11 | | the offense, a
prosecution
for misdemeanor criminal sexual | 12 | | abuse may be
commenced within 10 years after the child victim | 13 | | attains 18
years of age.
| 14 | | (4) Nothing in this subdivision (j) shall be construed to
| 15 | | shorten a period within which a prosecution must be commenced | 16 | | under any other
provision of this Section.
| 17 | | (j-5) A prosecution for armed robbery, home invasion, | 18 | | kidnapping, or aggravated kidnaping may be commenced at any | 19 | | time if it arises out of the same course of conduct and meets | 20 | | the criteria under one of the offenses in subsection (j) of | 21 | | this Section. | 22 | | (k) (Blank).
| 23 | | (l) A prosecution for any offense set forth in Section 26-4 | 24 | | of this Code may be commenced within one year after the | 25 | | discovery of the offense by the victim of that offense. | 26 | | (Source: P.A. 98-293, eff. 1-1-14; 98-379, eff. 1-1-14; 98-756, |
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| 1 | | eff. 7-16-14; 99-234, eff. 8-3-15; 99-820, eff. 8-15-16.)
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