Full Text of HB2886 97th General Assembly
HB2886 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB2886 Introduced 2/22/2011, by Rep. Charles E. Jefferson 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 |
|
Amends the Criminal Code of 1961. Provides that a prosecution for any sex offense may be commenced at any time if the victim was under 18 years of age at the time of the offense.
|
| |
| | A BILL FOR |
|
| | | HB2886 | | LRB097 08481 RLC 48608 b |
|
| 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 | | 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 for: (1) first degree murder, attempt to | 9 | | commit first
degree
murder, second degree murder,
involuntary | 10 | | manslaughter, reckless homicide, leaving the scene of a motor | 11 | | vehicle accident involving death or personal injuries under | 12 | | Section 11-401 of the Illinois Vehicle Code, failing to give | 13 | | information and render aid under Section 11-403 of the Illinois | 14 | | Vehicle Code, concealment of homicidal
death, treason, arson, | 15 | | aggravated arson, forgery, child pornography under paragraph | 16 | | (1) of subsection (a) of Section 11-20.1, aggravated child | 17 | | pornography under paragraph (1) of subsection (a) of Section | 18 | | 11-20.3, or (2) any offense
involving sexual conduct or sexual | 19 | | penetration, as defined by
Section 12-12 of this Code in which | 20 | | the DNA profile of the offender is
obtained and entered into a | 21 | | DNA database within 10 years after the commission
of the | 22 | | offense, or (3) any offense: (A) under Article 11 of the | 23 | | Criminal Code of 1961 or (B) criminal sexual assault, |
| | | HB2886 | - 2 - | LRB097 08481 RLC 48608 b |
|
| 1 | | aggravated criminal sexual assault, predatory
criminal sexual | 2 | | assault of a child, aggravated criminal sexual abuse, or | 3 | | criminal sexual abuse when the victim of any of the offenses | 4 | | listed in clause (A) or (B) of this paragraph (3) was under 18 | 5 | | years of age at the time of the offense, may be commenced at | 6 | | any
time.
Clause (2) of this subsection (a) applies if either: | 7 | | (i) the victim reported the
offense to law enforcement | 8 | | authorities within 3 years after the commission
of the offense | 9 | | unless a longer period for reporting the offense to law
| 10 | | enforcement authorities
is provided in Section 3-6 or (ii) the | 11 | | victim is murdered during the course of the offense or within 2 | 12 | | years after the commission of the offense.
| 13 | | (b) Unless the statute describing the offense provides | 14 | | otherwise, or the
period of limitation is extended by Section | 15 | | 3-6, a prosecution for any
offense not designated in Subsection | 16 | | (a) must be commenced within 3 years
after the commission of | 17 | | the offense if it is a felony, or within one year
and 6 months | 18 | | after its commission if it is a misdemeanor.
| 19 | | (Source: P.A. 95-899, eff. 1-1-09; 96-292, eff. 1-1-10.)
| 20 | | (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
| 21 | | Sec. 3-6. Extended limitations. The period within which a | 22 | | prosecution
must be commenced under the provisions of Section | 23 | | 3-5 or other applicable
statute is extended under the following | 24 | | conditions:
| 25 | | (a) A prosecution for theft involving a breach of a |
| | | HB2886 | - 3 - | LRB097 08481 RLC 48608 b |
|
| 1 | | fiduciary obligation
to the aggrieved person may be commenced | 2 | | as follows:
| 3 | | (1) If the aggrieved person is a minor or a person | 4 | | under legal disability,
then during the minority or legal | 5 | | disability or within one year after the
termination | 6 | | thereof.
| 7 | | (2) In any other instance, within one year after the | 8 | | discovery of the
offense by an aggrieved person, or by a | 9 | | person who has legal capacity to
represent an aggrieved | 10 | | person or has a legal duty to report the offense,
and is | 11 | | not himself or herself a party to the offense; or in the | 12 | | absence of such
discovery, within one year after the proper | 13 | | prosecuting officer becomes
aware of the offense. However, | 14 | | in no such case is the period of limitation
so extended | 15 | | more than 3 years beyond the expiration of the period | 16 | | otherwise
applicable.
| 17 | | (b) A prosecution for any offense based upon misconduct in | 18 | | office by a
public officer or employee may be commenced within | 19 | | one year after discovery
of the offense by a person having a | 20 | | legal duty to report such offense, or
in the absence of such | 21 | | discovery, within one year after the proper
prosecuting officer | 22 | | becomes aware of the offense. However, in no such case
is the | 23 | | period of limitation so extended more than 3 years beyond the
| 24 | | expiration of the period otherwise applicable.
| 25 | | (c) (Blank).
| 26 | | (d) (Blank) A prosecution for child pornography, indecent
|
| | | HB2886 | - 4 - | LRB097 08481 RLC 48608 b |
|
| 1 | | solicitation of a
child, soliciting for a juvenile prostitute, | 2 | | juvenile pimping or
exploitation of a child may be commenced | 3 | | within one year of the victim
attaining the age of 18 years. | 4 | | However, in no such case shall the time
period for prosecution | 5 | | expire sooner than 3 years after the commission of
the offense. | 6 | | When the victim is under 18 years of age, a prosecution for
| 7 | | criminal
sexual abuse may be commenced within
one year of the | 8 | | victim attaining the age of 18 years. However, in no such
case | 9 | | shall the time period for prosecution expire sooner than 3 | 10 | | years after
the commission of the offense .
| 11 | | (e) Except as otherwise provided in subdivision (j), a | 12 | | prosecution for
any offense involving sexual conduct or sexual
| 13 | | penetration, as defined in Section 12-12 of this Code, where | 14 | | the defendant
was within a professional or fiduciary | 15 | | relationship or a purported
professional or fiduciary | 16 | | relationship with the victim at the
time of the commission of | 17 | | the offense may be commenced within one year
after the | 18 | | discovery of the offense by the victim.
| 19 | | (f) A prosecution for any offense set forth in Section 44
| 20 | | of the "Environmental Protection Act", approved June 29, 1970, | 21 | | as amended,
may be commenced within 5 years after the discovery | 22 | | of such
an offense by a person or agency having the legal duty | 23 | | to report the
offense or in the absence of such discovery, | 24 | | within 5 years
after the proper prosecuting officer becomes | 25 | | aware of the offense.
| 26 | | (f-5) A prosecution for any offense set forth in Section |
| | | HB2886 | - 5 - | LRB097 08481 RLC 48608 b |
|
| 1 | | 16G-15 or 16G-20 of this Code may be commenced within 5 years | 2 | | after the discovery of the offense by the victim of that | 3 | | 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 | | (j) When the victim is under 18 years of age at the time of | 16 | | the offense, a
prosecution
for criminal sexual assault, | 17 | | aggravated criminal sexual assault, predatory
criminal sexual | 18 | | assault of a child, aggravated criminal sexual abuse, or felony | 19 | | criminal sexual abuse, or a
prosecution for failure of a person | 20 | | who is required to report an alleged
or suspected commission of | 21 | | criminal sexual assault, aggravated criminal sexual assault, | 22 | | predatory
criminal sexual assault of a child, aggravated | 23 | | criminal sexual abuse, or felony criminal sexual abuse any of | 24 | | these offenses under the Abused and Neglected
Child Reporting | 25 | | Act may be
commenced within 20 years after the child victim | 26 | | attains 18
years of age. When the victim is under 18 years of |
| | | HB2886 | - 6 - | LRB097 08481 RLC 48608 b |
|
| 1 | | age at the time of the offense, a
prosecution
for misdemeanor | 2 | | criminal sexual abuse may be
commenced within 10 years after | 3 | | the child victim attains 18
years of age.
| 4 | | Nothing in this subdivision (j) shall be construed to
| 5 | | shorten a period within which a prosecution must be commenced | 6 | | under any other
provision of this Section.
| 7 | | (k) A prosecution for theft involving real property | 8 | | exceeding $100,000 in value under Section 16-1, identity theft | 9 | | under Section 16G-15, aggravated identity theft under Section | 10 | | 16G-20, or any offense set forth in Article 16H may be | 11 | | commenced within 7 years of the last act committed in | 12 | | furtherance of the crime.
| 13 | | (Source: P.A. 95-548, eff. 8-30-07; 96-233, eff. 1-1-10.)
|
|