Full Text of SB1469 097th General Assembly
SB1469 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB1469 Introduced 2/9/2011, by Sen. Christine Radogno SYNOPSIS AS INTRODUCED: | | 720 ILCS 5/3-6 | from Ch. 38, par. 3-6 |
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Amends the Criminal Code of 1961. Makes a technical change in a Section
concerning extended statutes of limitations.
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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 1961 is amended by changing | 5 | | Section 3-6 as follows:
| 6 | | (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
| 7 | | Sec. 3-6. Extended limitations. The
The period within which | 8 | | a prosecution
must be commenced under the provisions of Section | 9 | | 3-5 or other applicable
statute is extended under the following | 10 | | conditions: | 11 | | (a) A prosecution for theft involving a breach of a | 12 | | fiduciary obligation
to the aggrieved person may be commenced | 13 | | as 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 | 17 | | thereof.
| 18 | | (2) In any other instance, within one year after the | 19 | | discovery of the
offense by an aggrieved person, or by a | 20 | | person who has legal capacity to
represent an aggrieved | 21 | | person or has a legal duty to report the offense,
and is | 22 | | not himself or herself a party to the offense; or in the | 23 | | 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 | | (c) (Blank).
| 14 | | (d) A prosecution for child pornography, indecent
| 15 | | solicitation of a
child, soliciting for a juvenile prostitute, | 16 | | juvenile pimping or
exploitation of a child may be commenced | 17 | | within one year of the victim
attaining the age of 18 years. | 18 | | However, in no such case shall the time
period for prosecution | 19 | | expire sooner than 3 years after the commission of
the offense. | 20 | | When the victim is under 18 years of age, a prosecution for
| 21 | | criminal
sexual abuse may be commenced within
one year of the | 22 | | victim attaining the age of 18 years. However, in no such
case | 23 | | shall the time period for prosecution expire sooner than 3 | 24 | | years after
the commission of the offense.
| 25 | | (e) Except as otherwise provided in subdivision (j), a | 26 | | prosecution for
any offense involving sexual conduct or sexual
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| 1 | | penetration, as defined in Section 12-12 of this Code, where | 2 | | the defendant
was within a professional or fiduciary | 3 | | relationship or a purported
professional or fiduciary | 4 | | relationship with the victim at the
time of the commission of | 5 | | the offense may be commenced within one year
after the | 6 | | discovery of the offense by the victim.
| 7 | | (f) A prosecution for any offense set forth in Section 44
| 8 | | of the "Environmental Protection Act", approved June 29, 1970, | 9 | | as amended,
may be commenced within 5 years after the discovery | 10 | | of such
an offense by a person or agency having the legal duty | 11 | | to report the
offense or in the absence of such discovery, | 12 | | within 5 years
after the proper prosecuting officer becomes | 13 | | aware of the offense.
| 14 | | (f-5) A prosecution for any offense set forth in Section | 15 | | 16G-15 or 16G-20 of this Code may be commenced within 5 years | 16 | | after the discovery of the offense by the victim of that | 17 | | offense.
| 18 | | (g) (Blank).
| 19 | | (h) (Blank).
| 20 | | (i) Except as otherwise provided in subdivision (j), a | 21 | | prosecution for
criminal sexual assault, aggravated criminal
| 22 | | sexual assault, or aggravated criminal sexual abuse may be | 23 | | commenced within 10
years of the commission of the offense if | 24 | | the victim reported the offense to
law enforcement authorities | 25 | | within 3 years after the commission of the offense.
| 26 | | Nothing in this subdivision (i) shall be construed to
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| 1 | | shorten a period within which a prosecution must be commenced | 2 | | under any other
provision of this Section.
| 3 | | (j) When the victim is under 18 years of age at the time of | 4 | | the offense, a
prosecution
for criminal sexual assault, | 5 | | aggravated criminal sexual assault, predatory
criminal sexual | 6 | | assault of a child, aggravated criminal sexual abuse, or felony | 7 | | criminal sexual abuse, or a
prosecution for failure of a person | 8 | | who is required to report an alleged
or suspected commission of | 9 | | any of these offenses under the Abused and Neglected
Child | 10 | | Reporting Act may be
commenced within 20 years after the child | 11 | | victim attains 18
years of age. When the victim is under 18 | 12 | | years of age at the time of the offense, a
prosecution
for | 13 | | misdemeanor criminal sexual abuse may be
commenced within 10 | 14 | | years after the child victim attains 18
years of age.
| 15 | | Nothing in this subdivision (j) shall be construed to
| 16 | | shorten a period within which a prosecution must be commenced | 17 | | under any other
provision of this Section.
| 18 | | (k) A prosecution for theft involving real property | 19 | | exceeding $100,000 in value under Section 16-1, identity theft | 20 | | under Section 16G-15, aggravated identity theft under Section | 21 | | 16G-20, or any offense set forth in Article 16H may be | 22 | | commenced within 7 years of the last act committed in | 23 | | furtherance of the crime.
| 24 | | (Source: P.A. 95-548, eff. 8-30-07; 96-233, eff. 1-1-10.)
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