Full Text of HB0716 100th General Assembly
HB0716 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB0716 Introduced 1/25/2017, by Rep. Daniel V. Beiser 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 when the victim is under 18 years of age at the time of the offense, a prosecution for criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual abuse, or felony criminal sexual abuse may be commenced at any time regardless as to whether corroborating physical evidence is available or an individual who is required to report an alleged or suspected commission of any of these offenses under the Abused and Neglected Child Reporting Act fails to do so. Makes conforming changes.
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| | A BILL FOR |
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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) criminal sexual assault
under Section 11-1.20; |
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| 1 | | (ii) aggravated criminal sexual assault under | 2 | | Section 11-1.30; | 3 | | (iii)
predatory criminal sexual assault of a child | 4 | | under Section 11-1.40; | 5 | | (iv)
criminal sexual abuse under subsection (a) of | 6 | | Section 11-1.50; or | 7 | | (v)
aggravated criminal sexual abuse
under Section | 8 | | 11-1.60; or | 9 | | (2) any offense
involving sexual conduct or sexual | 10 | | penetration, as defined by
Section 11-0.1 of this Code in | 11 | | which the DNA profile of the offender is
obtained and | 12 | | entered into a DNA database within 10 years after the | 13 | | commission
of the offense, and may be commenced at any
| 14 | | time.
Clause (2) of this subsection (a) applies if either: | 15 | | (i) the victim reported the
offense to law enforcement | 16 | | authorities within 3 years after the commission
of the | 17 | | offense unless a longer period for reporting the offense to | 18 | | law
enforcement authorities
is provided in Section 3-6 or | 19 | | (ii) the victim is murdered during the course of the | 20 | | offense or within 2 years after the commission of the | 21 | | offense.
| 22 | | (a-5) A prosecution for theft of property exceeding | 23 | | $100,000 in value under Section 16-1, identity theft under | 24 | | subsection (a) of Section 16-30, aggravated identity theft | 25 | | under subsection (b) of Section 16-30, financial exploitation | 26 | | of an elderly person or a person with a disability under |
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| 1 | | Section 17-56; or any offense set forth in Article 16H or | 2 | | Section 17-10.6 may be commenced within 7 years of the last act | 3 | | committed in furtherance of the crime. | 4 | | (b) Unless the statute describing the offense provides | 5 | | otherwise, or the
period of limitation is extended by Section | 6 | | 3-6, a prosecution for any
offense not designated in subsection | 7 | | (a) or (a-5) must be commenced within 3 years
after the | 8 | | commission of the offense if it is a felony, or within one year
| 9 | | and 6 months after its commission if it is a misdemeanor.
| 10 | | (Source: P.A. 98-265, eff. 1-1-14; 99-820, eff. 8-15-16.)
| 11 | | (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
| 12 | | Sec. 3-6. Extended limitations. The period within which a | 13 | | prosecution
must be commenced under the provisions of Section | 14 | | 3-5 or other applicable
statute is extended under the following | 15 | | conditions:
| 16 | | (a) A prosecution for theft involving a breach of a | 17 | | fiduciary obligation
to the aggrieved person may be commenced | 18 | | as follows:
| 19 | | (1) If the aggrieved person is a minor or a person | 20 | | under legal disability,
then during the minority or legal | 21 | | disability or within one year after the
termination | 22 | | thereof.
| 23 | | (2) In any other instance, within one year after the | 24 | | discovery of the
offense by an aggrieved person, or by a | 25 | | person who has legal capacity to
represent an aggrieved |
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| 1 | | person or has a legal duty to report the offense,
and is | 2 | | not himself or herself a party to the offense; or in the | 3 | | absence of such
discovery, within one year after the proper | 4 | | prosecuting officer becomes
aware of the offense. However, | 5 | | in no such case is the period of limitation
so extended | 6 | | more than 3 years beyond the expiration of the period | 7 | | otherwise
applicable.
| 8 | | (b) A prosecution for any offense based upon misconduct in | 9 | | office by a
public officer or employee may be commenced within | 10 | | one year after discovery
of the offense by a person having a | 11 | | legal duty to report such offense, or
in the absence of such | 12 | | discovery, within one year after the proper
prosecuting officer | 13 | | becomes aware of the offense. However, in no such case
is the | 14 | | period of limitation so extended more than 3 years beyond the
| 15 | | expiration of the period otherwise applicable.
| 16 | | (b-5) When the victim is under 18 years of age at the time | 17 | | of the offense, a prosecution for involuntary servitude, | 18 | | involuntary sexual servitude of a minor, or trafficking in | 19 | | persons and related offenses under Section 10-9 of this Code | 20 | | may be commenced within one year of the victim attaining the | 21 | | age of 18 years. However, in no such case shall the time period | 22 | | for prosecution expire sooner than 3 years after the commission | 23 | | of the offense. | 24 | | (c) (Blank).
| 25 | | (d) A prosecution for child pornography, aggravated child | 26 | | pornography, indecent
solicitation of a
child, soliciting for a |
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| 1 | | juvenile prostitute, juvenile pimping,
exploitation of a | 2 | | child, or promoting juvenile prostitution except for keeping a | 3 | | place of juvenile prostitution may be commenced within one year | 4 | | of the victim
attaining the age of 18 years. However, in no | 5 | | such case shall the time
period for prosecution expire sooner | 6 | | than 3 years after the commission of
the offense. When the | 7 | | victim is under 18 years of age, a prosecution for
criminal
| 8 | | sexual abuse may be commenced within
one year of the victim | 9 | | attaining the age of 18 years. However, in no such
case shall | 10 | | the time period for prosecution expire sooner than 3 years | 11 | | after
the commission of the offense.
| 12 | | (e) Except as otherwise provided in subdivision (j), a | 13 | | prosecution for
any offense involving sexual conduct or sexual
| 14 | | penetration, as defined in Section 11-0.1 of this Code, where | 15 | | the defendant
was within a professional or fiduciary | 16 | | relationship or a purported
professional or fiduciary | 17 | | relationship with the victim at the
time of the commission of | 18 | | the offense may be commenced within one year
after the | 19 | | discovery of the offense by the victim.
| 20 | | (f) A prosecution for any offense set forth in Section 44
| 21 | | of the "Environmental Protection Act", approved June 29, 1970, | 22 | | as amended,
may be commenced within 5 years after the discovery | 23 | | of such
an offense by a person or agency having the legal duty | 24 | | to report the
offense or in the absence of such discovery, | 25 | | within 5 years
after the proper prosecuting officer becomes | 26 | | aware of the offense.
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| 1 | | (f-5) A prosecution for any offense set forth in Section | 2 | | 16-30 of this Code may be commenced within 5 years after the | 3 | | discovery of the offense by the victim of that offense.
| 4 | | (g) (Blank).
| 5 | | (h) (Blank).
| 6 | | (i) Except as otherwise provided in subdivision (j), a | 7 | | prosecution for
criminal sexual assault, aggravated criminal
| 8 | | sexual assault, or aggravated criminal sexual abuse may be | 9 | | commenced within 10
years of the commission of the offense if | 10 | | the victim reported the offense to
law enforcement authorities | 11 | | within 3 years after the commission of the offense.
| 12 | | Nothing in this subdivision (i) shall be construed to
| 13 | | shorten a period within which a prosecution must be commenced | 14 | | under any other
provision of this Section.
| 15 | | (i-5) A prosecution for armed robbery, home invasion, | 16 | | kidnapping, or aggravated kidnaping may be commenced within 10 | 17 | | years of the commission of the offense if it arises out of the | 18 | | same course of conduct and meets the criteria under one of the | 19 | | offenses in subsection (i) of this Section. | 20 | | (j) (1) (Blank). When the victim is under 18 years of age | 21 | | at the time of the offense, a
prosecution
for criminal sexual | 22 | | assault, aggravated criminal sexual assault, predatory
| 23 | | criminal sexual assault of a child, aggravated criminal sexual | 24 | | abuse, or felony criminal sexual abuse may be commenced at any | 25 | | time when corroborating physical evidence is available or an | 26 | | individual who is required to report an alleged or suspected |
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| 1 | | commission of any of these offenses under the Abused and | 2 | | Neglected Child Reporting Act fails to do so. | 3 | | (2) In circumstances other than as described in paragraph | 4 | | (1) of this subsection (j), when the victim is under 18 years | 5 | | of age at the time of the offense, a prosecution for criminal | 6 | | sexual assault, aggravated criminal sexual assault, predatory | 7 | | criminal sexual assault of a child, aggravated criminal sexual | 8 | | abuse, or felony criminal sexual abuse, or a
prosecution for | 9 | | failure of a person who is required to report an alleged
or | 10 | | suspected commission of any of the these offenses described in | 11 | | clause (1.5) of subsection (a) of Section 3-5 of this Code | 12 | | under the Abused and Neglected
Child Reporting Act may be
| 13 | | commenced within 20 years after the child victim attains 18
| 14 | | years of age. | 15 | | (3) When the victim is under 18 years of age at the time of | 16 | | the offense, a
prosecution
for misdemeanor criminal sexual | 17 | | abuse may be
commenced within 10 years after the child victim | 18 | | attains 18
years of age.
| 19 | | (4) Nothing in this subdivision (j) shall be construed to
| 20 | | shorten a period within which a prosecution must be commenced | 21 | | under any other
provision of this Section.
| 22 | | (j-5) A prosecution for armed robbery, home invasion, | 23 | | kidnapping, or aggravated kidnaping may be commenced at any | 24 | | time if it arises out of the same course of conduct and meets | 25 | | the criteria under one of the offenses in subsection (j) of | 26 | | this Section. |
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| 1 | | (k) (Blank).
| 2 | | (l) A prosecution for any offense set forth in Section 26-4 | 3 | | of this Code may be commenced within one year after the | 4 | | discovery of the offense by the victim of that offense. | 5 | | (Source: P.A. 98-293, eff. 1-1-14; 98-379, eff. 1-1-14; 98-756, | 6 | | eff. 7-16-14; 99-234, eff. 8-3-15; 99-820, eff. 8-15-16.)
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