Illinois General Assembly - Full Text of HB4904
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Full Text of HB4904  102nd General Assembly

HB4904ham001 102ND GENERAL ASSEMBLY

Rep. David A. Welter

Filed: 2/24/2022

 

 


 

 


 
10200HB4904ham001LRB102 25664 RLC 36518 a

1
AMENDMENT TO HOUSE BILL 4904

2    AMENDMENT NO. ______. Amend House Bill 4904 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
10following conditions:
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

 

 

10200HB4904ham001- 2 -LRB102 25664 RLC 36518 a

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
8    proper prosecuting officer becomes aware of the offense.
9    However, in no such case is the period of limitation so
10    extended more than 3 years beyond the expiration of the
11    period 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
17officer becomes aware of the offense. However, in no such case
18is the period of limitation so extended more than 3 years
19beyond the expiration 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 25 years of the victim attaining the
25age of 18 years.
26    (b-6) When the victim is 18 years of age or over at the

 

 

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

 

 

10200HB4904ham001- 4 -LRB102 25664 RLC 36518 a

1of the Environmental Protection Act may be commenced within 5
2years after the discovery of such an offense by a person or
3agency having the legal duty to report the offense or in the
4absence of such discovery, within 5 years after the proper
5prosecuting officer becomes aware of the offense.
6    (f-5) A prosecution for any offense set forth in Section
716-30 of this Code may be commenced within 5 years after the
8discovery of the offense by the victim of that offense.
9    (g) (Blank).
10    (h) (Blank).
11    (i) Except as otherwise provided in subdivision (j), a
12prosecution for criminal sexual assault, aggravated criminal
13sexual assault, or aggravated criminal sexual abuse may be
14commenced at any time. If the victim consented to the
15collection of evidence using an Illinois State Police Sexual
16Assault Evidence Collection Kit under the Sexual Assault
17Survivors Emergency Treatment Act, it shall constitute
18reporting for purposes of this Section.
19    Nothing in this subdivision (i) shall be construed to
20shorten a period within which a prosecution must be commenced
21under any other provision of this Section.
22    (i-5) A prosecution for armed robbery, home invasion,
23kidnapping, or aggravated kidnaping may be commenced within 10
24years of the commission of the offense if it arises out of the
25same course of conduct and meets the criteria under one of the
26offenses in subsection (i) of this Section.

 

 

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

 

 

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1the criteria under one of the offenses in subsection (j) of
2this Section.
3    (k) (Blank).
4    (l) A prosecution for any offense set forth in Section
526-4 of this Code may be commenced within one year after the
6discovery of the offense by the victim of that offense.
7    (l-5) A prosecution for any offense involving sexual
8conduct or sexual penetration, as defined in Section 11-0.1 of
9this Code, in which the victim was 18 years of age or older at
10the time of the offense, may be commenced within one year after
11the discovery of the offense by the victim when corroborating
12physical evidence is available. The charging document shall
13state that the statute of limitations is extended under this
14subsection (l-5) and shall state the circumstances justifying
15the extension. Nothing in this subsection (l-5) shall be
16construed to shorten a period within which a prosecution must
17be commenced under any other provision of this Section or
18Section 3-5 of this Code.
19    (m) The prosecution shall not be required to prove at
20trial facts which extend the general limitations in Section
213-5 of this Code when the facts supporting extension of the
22period of general limitations are properly pled in the
23charging document. Any challenge relating to the extension of
24the general limitations period as defined in this Section
25shall be exclusively conducted under Section 114-1 of the Code
26of Criminal Procedure of 1963.

 

 

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1    (n) A prosecution for any offense set forth in subsection
2(a), (b), or (c) of Section 8A-3 or Section 8A-13 of the
3Illinois Public Aid Code, in which the total amount of money
4involved is $5,000 or more, including the monetary value of
5food stamps and the value of commodities under Section 16-1 of
6this Code may be commenced within 5 years of the last act
7committed in furtherance of the offense.
8    (o) A prosecution for aggravated domestic battery under
9Section 12-3.3 may be commenced within 5 years after the
10commission of the offense.
11(Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19;
12101-130, eff. 1-1-20; 101-285, eff. 1-1-20; 102-558, eff.
138-20-21.)".