Full Text of SB3081 99th General Assembly
SB3081 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB3081 Introduced 2/19/2016, by Sen. Jennifer Bertino-Tarrant 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 for financial exploitation of an elderly person or a person with a disability may be commenced within 7 years of the last act committed in furtherance of the offense.
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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 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 | | residential arson, aggravated arson, forgery, child | 16 | | pornography under paragraph (1) of subsection (a) of Section | 17 | | 11-20.1, aggravated child pornography under paragraph (1) of | 18 | | subsection (a) of Section 11-20.1B, or (2) any offense
| 19 | | involving sexual conduct or sexual penetration, as defined by
| 20 | | Section 11-0.1 of this Code in which the DNA profile of the | 21 | | offender is
obtained and entered into a DNA database within 10 | 22 | | years after the commission
of the offense, may be commenced at | 23 | | any
time.
Clause (2) of this subsection (a) applies if either: |
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| 1 | | (i) the victim reported the
offense to law enforcement | 2 | | authorities within 3 years after the commission
of the offense | 3 | | unless a longer period for reporting the offense to law
| 4 | | enforcement authorities
is provided in Section 3-6 or (ii) the | 5 | | victim is murdered during the course of the offense or within 2 | 6 | | years after the commission of the offense.
| 7 | | (a-5) A prosecution for theft involving real of property | 8 | | exceeding $100,000 in value under
Section 16-1, identity theft | 9 | | under subsection (a) of Section 16-30, aggravated identity | 10 | | theft
under subsection (b) of Section 16-30, any offense set | 11 | | forth under Section 17-56, or any
offense set forth in Article | 12 | | 16H or Section 17-10.6 of this Code may be commenced within 7 | 13 | | years of the last
act committed in furtherance of the offense. | 14 | | (b) Unless the statute describing the offense provides | 15 | | otherwise, or the
period of limitation is extended by Section | 16 | | 3-6, a prosecution for any
offense not designated in subsection | 17 | | Subsection (a) or (a-5) must be commenced within 3 years
after | 18 | | the commission of the offense if it is a felony, or within one | 19 | | year
and 6 months after its commission if it is a misdemeanor.
| 20 | | (Source: P.A. 98-265, eff. 1-1-14.)
| 21 | | (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
| 22 | | Sec. 3-6. Extended limitations. The period within which a | 23 | | prosecution
must be commenced under the provisions of Section | 24 | | 3-5 or other applicable
statute is extended under the following | 25 | | conditions:
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| 1 | | (a) A prosecution for theft involving a breach of a | 2 | | fiduciary obligation
to the aggrieved person may be commenced | 3 | | as follows:
| 4 | | (1) If the aggrieved person is a minor or a person | 5 | | under legal disability,
then during the minority or legal | 6 | | disability or within one year after the
termination | 7 | | thereof.
| 8 | | (2) In any other instance, within one year after the | 9 | | discovery of the
offense by an aggrieved person, or by a | 10 | | person who has legal capacity to
represent an aggrieved | 11 | | person or has a legal duty to report the offense,
and is | 12 | | not himself or herself a party to the offense; or in the | 13 | | absence of such
discovery, within one year after the proper | 14 | | prosecuting officer becomes
aware of the offense. However, | 15 | | in no such case is the period of limitation
so extended | 16 | | more than 3 years beyond the expiration of the period | 17 | | otherwise
applicable.
| 18 | | (b) A prosecution for any offense based upon misconduct in | 19 | | office by a
public officer or employee may be commenced within | 20 | | one year after discovery
of the offense by a person having a | 21 | | legal duty to report such offense, or
in the absence of such | 22 | | discovery, within one year after the proper
prosecuting officer | 23 | | becomes aware of the offense. However, in no such case
is the | 24 | | period of limitation so extended more than 3 years beyond the
| 25 | | expiration of the period otherwise applicable.
| 26 | | (b-5) When the victim is under 18 years of age at the time |
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| 1 | | of the offense, a prosecution for involuntary servitude, | 2 | | involuntary sexual servitude of a minor, or trafficking in | 3 | | persons and related offenses under Section 10-9 of this Code | 4 | | may be commenced within one year of the victim attaining the | 5 | | age of 18 years. However, in no such case shall the time period | 6 | | for prosecution expire sooner than 3 years after the commission | 7 | | of the offense. | 8 | | (c) (Blank).
| 9 | | (d) A prosecution for child pornography, aggravated child | 10 | | pornography, indecent
solicitation of a
child, soliciting for a | 11 | | juvenile prostitute, juvenile pimping,
exploitation of a | 12 | | child, or promoting juvenile prostitution except for keeping a | 13 | | place of juvenile prostitution may be commenced within one year | 14 | | of the victim
attaining the age of 18 years. However, in no | 15 | | such case shall the time
period for prosecution expire sooner | 16 | | than 3 years after the commission of
the offense. When the | 17 | | victim is under 18 years of age, a prosecution for
criminal
| 18 | | sexual abuse may be commenced within
one year of the victim | 19 | | attaining the age of 18 years. However, in no such
case shall | 20 | | the time period for prosecution expire sooner than 3 years | 21 | | after
the commission of the offense.
| 22 | | (e) Except as otherwise provided in subdivision (j), a | 23 | | prosecution for
any offense involving sexual conduct or sexual
| 24 | | penetration, as defined in Section 11-0.1 of this Code, where | 25 | | the defendant
was within a professional or fiduciary | 26 | | relationship or a purported
professional or fiduciary |
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| 1 | | relationship with the victim at the
time of the commission of | 2 | | the offense may be commenced within one year
after the | 3 | | discovery of the offense by the victim.
| 4 | | (f) A prosecution for any offense set forth in Section 44
| 5 | | of the "Environmental Protection Act", approved June 29, 1970, | 6 | | as amended,
may be commenced within 5 years after the discovery | 7 | | of such
an offense by a person or agency having the legal duty | 8 | | to report the
offense or in the absence of such discovery, | 9 | | within 5 years
after the proper prosecuting officer becomes | 10 | | aware of the offense.
| 11 | | (f-5) A prosecution for any offense set forth in Section | 12 | | 16-30 of this Code may be commenced within 5 years after the | 13 | | discovery of the offense by the victim of that offense.
| 14 | | (g) (Blank).
| 15 | | (h) (Blank).
| 16 | | (i) Except as otherwise provided in subdivision (j), a | 17 | | prosecution for
criminal sexual assault, aggravated criminal
| 18 | | sexual assault, or aggravated criminal sexual abuse may be | 19 | | commenced within 10
years of the commission of the offense if | 20 | | the victim reported the offense to
law enforcement authorities | 21 | | within 3 years after the commission of the offense.
| 22 | | Nothing in this subdivision (i) shall be construed to
| 23 | | shorten a period within which a prosecution must be commenced | 24 | | under any other
provision of this Section.
| 25 | | (i-5) A prosecution for armed robbery, home invasion, | 26 | | kidnapping, or aggravated kidnaping may be commenced within 10 |
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| 1 | | years of the commission of the offense if it arises out of the | 2 | | same course of conduct and meets the criteria under one of the | 3 | | offenses in subsection (i) of this Section. | 4 | | (j) (1) When the victim is under 18 years of age at the | 5 | | time of the offense, a
prosecution
for criminal sexual assault, | 6 | | aggravated criminal sexual assault, predatory
criminal sexual | 7 | | assault of a child, aggravated criminal sexual abuse, or felony | 8 | | criminal sexual abuse may be commenced at any time when | 9 | | corroborating physical evidence is available or an individual | 10 | | who is required to report an alleged or suspected commission of | 11 | | any of these offenses under the Abused and Neglected Child | 12 | | Reporting Act fails to do so. | 13 | | (2) In circumstances other than as described in paragraph | 14 | | (1) of this subsection (j), when the victim is under 18 years | 15 | | of age at the time of the offense, a prosecution for criminal | 16 | | sexual assault, aggravated criminal sexual assault, predatory | 17 | | criminal sexual assault of a child, aggravated criminal sexual | 18 | | abuse, or felony criminal sexual abuse, or a
prosecution for | 19 | | failure of a person who is required to report an alleged
or | 20 | | suspected commission of any of these offenses under the Abused | 21 | | and Neglected
Child Reporting Act may be
commenced within 20 | 22 | | years after the child victim attains 18
years of age. | 23 | | (3) When the victim is under 18 years of age at the time of | 24 | | the offense, a
prosecution
for misdemeanor criminal sexual | 25 | | abuse may be
commenced within 10 years after the child victim | 26 | | attains 18
years of age.
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| 1 | | (4) Nothing in this subdivision (j) shall be construed to
| 2 | | shorten a period within which a prosecution must be commenced | 3 | | under any other
provision of this Section.
| 4 | | (j-5) A prosecution for armed robbery, home invasion, | 5 | | kidnapping, or aggravated kidnaping may be commenced at any | 6 | | time if it arises out of the same course of conduct and meets | 7 | | the criteria under one of the offenses in subsection (j) of | 8 | | this Section. | 9 | | (k) (Blank). A prosecution for theft involving real | 10 | | property exceeding $100,000 in value under Section 16-1, | 11 | | identity theft under subsection (a) of Section 16-30, | 12 | | aggravated identity theft under subsection (b) of Section | 13 | | 16-30, or any offense set forth in Article 16H or Section | 14 | | 17-10.6 may be commenced within 7 years of the last act | 15 | | committed in furtherance of the crime.
| 16 | | (l) A prosecution for any offense set forth in Section 26-4 | 17 | | of this Code may be commenced within one year after the | 18 | | discovery of the offense by the victim of that offense. | 19 | | (Source: P.A. 98-293, eff. 1-1-14; 98-379, eff. 1-1-14; 98-756, | 20 | | eff. 7-16-14; 99-234, eff. 8-3-15.)
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