Full Text of HB5664 97th General Assembly
HB5664 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB5664 Introduced 2/16/2012, by Rep. Keith Farnham - Michelle Mussman - Jerry F. Costello, II SYNOPSIS AS INTRODUCED: |
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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 1961. Provides that a prosecution for criminal sexual assault, aggravated criminal sexual assault, predatory
criminal sexual assault of a child, aggravated criminal sexual abuse, or criminal sexual abuse may be commenced at any
time.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | 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 | | 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, criminal sexual assault, aggravated | 16 | | criminal sexual assault, predatory
criminal sexual assault of a | 17 | | child, aggravated criminal sexual abuse, criminal sexual | 18 | | abuse, child pornography under paragraph (1) of subsection (a) | 19 | | of Section 11-20.1, aggravated child pornography under | 20 | | paragraph (1) of subsection (a) of Section 11-20.1B, or (2) any | 21 | | offense
involving sexual conduct or sexual penetration, as | 22 | | defined by
Section 11-0.1 of this Code in which the DNA profile | 23 | | of the offender is
obtained and entered into a DNA database |
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| 1 | | within 10 years after the commission
of the offense, may be | 2 | | commenced at any
time.
Clause (2) of this subsection (a) | 3 | | applies if either: (i) the victim reported the
offense to law | 4 | | enforcement authorities within 3 years after the commission
of | 5 | | the offense unless a longer period for reporting the offense to | 6 | | law
enforcement authorities
is provided in Section 3-6 or (ii) | 7 | | the victim is murdered during the course of the offense or | 8 | | within 2 years after the commission of the offense.
| 9 | | (b) Unless the statute describing the offense provides | 10 | | otherwise, or the
period of limitation is extended by Section | 11 | | 3-6, a prosecution for any
offense not designated in Subsection | 12 | | (a) must be commenced within 3 years
after the commission of | 13 | | the offense if it is a felony, or within one year
and 6 months | 14 | | after its commission if it is a misdemeanor.
| 15 | | (Source: P.A. 95-899, eff. 1-1-09; 96-292, eff. 1-1-10; | 16 | | 96-1551, eff. 7-1-11 .)
| 17 | | (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
| 18 | | Sec. 3-6. Extended limitations. The period within which a | 19 | | prosecution
must be commenced under the provisions of Section | 20 | | 3-5 or other applicable
statute is extended under the following | 21 | | conditions:
| 22 | | (a) A prosecution for theft involving a breach of a | 23 | | fiduciary obligation
to the aggrieved person may be commenced | 24 | | as follows:
| 25 | | (1) If the aggrieved person is a minor or a person |
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| 1 | | under legal disability,
then during the minority or legal | 2 | | disability or within one year after the
termination | 3 | | thereof.
| 4 | | (2) In any other instance, within one year after the | 5 | | discovery of the
offense by an aggrieved person, or by a | 6 | | person who has legal capacity to
represent an aggrieved | 7 | | person or has a legal duty to report the offense,
and is | 8 | | not himself or herself a party to the offense; or in the | 9 | | absence of such
discovery, within one year after the proper | 10 | | prosecuting officer becomes
aware of the offense. However, | 11 | | in no such case is the period of limitation
so extended | 12 | | more than 3 years beyond the expiration of the period | 13 | | otherwise
applicable.
| 14 | | (b) A prosecution for any offense based upon misconduct in | 15 | | office by a
public officer or employee may be commenced within | 16 | | one year after discovery
of the offense by a person having a | 17 | | legal duty to report such offense, or
in the absence of such | 18 | | discovery, within one year after the proper
prosecuting officer | 19 | | becomes aware of the offense. However, in no such case
is the | 20 | | period of limitation so extended more than 3 years beyond the
| 21 | | expiration of the period otherwise applicable.
| 22 | | (c) (Blank).
| 23 | | (d) A prosecution for child pornography, aggravated child | 24 | | pornography, indecent
solicitation of a
child, soliciting for a | 25 | | juvenile prostitute, juvenile pimping,
exploitation of a | 26 | | child, or promoting juvenile prostitution except for keeping a |
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| 1 | | place of juvenile prostitution may be commenced within one year | 2 | | of the victim
attaining the age of 18 years. However, in no | 3 | | such case shall the time
period for prosecution expire sooner | 4 | | than 3 years after the commission of
the offense. When the | 5 | | victim is under 18 years of age, a prosecution for
criminal
| 6 | | sexual abuse may be commenced within
one year of the victim | 7 | | attaining the age of 18 years. However, in no such
case shall | 8 | | the time period for prosecution expire sooner than 3 years | 9 | | after
the commission of the offense.
| 10 | | (e) Except as otherwise provided in Section 3-5 subdivision | 11 | | (j) , a prosecution for
any offense involving sexual conduct or | 12 | | sexual
penetration, as defined in Section 11-0.1 of this Code, | 13 | | where the defendant
was within a professional or fiduciary | 14 | | relationship or a purported
professional or fiduciary | 15 | | relationship with the victim at the
time of the commission of | 16 | | the offense may be commenced within one year
after the | 17 | | discovery of the offense by the victim.
| 18 | | (f) A prosecution for any offense set forth in Section 44
| 19 | | of the "Environmental Protection Act", approved June 29, 1970, | 20 | | as amended,
may be commenced within 5 years after the discovery | 21 | | of such
an offense by a person or agency having the legal duty | 22 | | to report the
offense or in the absence of such discovery, | 23 | | within 5 years
after the proper prosecuting officer becomes | 24 | | aware of the offense.
| 25 | | (f-5) A prosecution for any offense set forth in Section | 26 | | 16-30 of this Code may be commenced within 5 years after the |
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| 1 | | discovery of the offense by the victim of that offense.
| 2 | | (g) (Blank).
| 3 | | (h) (Blank).
| 4 | | (i) (Blank). Except as otherwise provided in subdivision | 5 | | (j), a prosecution for
criminal sexual assault, aggravated | 6 | | criminal
sexual assault, or aggravated criminal sexual abuse | 7 | | may be commenced within 10
years of the commission of the | 8 | | offense if the victim reported the offense to
law enforcement | 9 | | authorities within 3 years after the commission of the offense.
| 10 | | Nothing in this subdivision (i) shall be construed to
| 11 | | shorten a period within which a prosecution must be commenced | 12 | | under any other
provision of this Section.
| 13 | | (j) When the victim is under 18 years of age at the time of | 14 | | the offense, a
prosecution
for failure of a person who is | 15 | | required to report an alleged
or suspected commission of any of | 16 | | the offenses listed in paragraphs (1) through (5) of this | 17 | | subsection (j) under the Abused and Neglected
Child Reporting | 18 | | Act may be
commenced within 20 years after the child victim | 19 | | attains 18
years of age: | 20 | | (1) criminal sexual assault, | 21 | | (2) aggravated criminal sexual assault, | 22 | | (3) predatory
criminal sexual assault of a child, | 23 | | (4) aggravated criminal sexual abuse, or | 24 | | (5) felony criminal sexual abuse . , or a
prosecution | 25 | | for failure of a person who is required to report an | 26 | | alleged
or suspected commission of any of these offenses |
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| 1 | | under the Abused and Neglected
Child Reporting Act may be
| 2 | | commenced within 20 years after the child victim attains 18
| 3 | | years of age. When the victim is under 18 years of age at | 4 | | the time of the offense, a
prosecution
for misdemeanor | 5 | | criminal sexual abuse may be
commenced within 10 years | 6 | | after the child victim attains 18
years of age.
| 7 | | Nothing in this subdivision (j) shall be construed to
| 8 | | shorten a period within which a prosecution must be commenced | 9 | | under any other
provision of this Section.
| 10 | | (k) A prosecution for theft involving real property | 11 | | exceeding $100,000 in value under Section 16-1, identity theft | 12 | | under subsection (a) of Section 16-30, aggravated identity | 13 | | theft under subsection (b) of Section 16-30, or any offense set | 14 | | forth in Article 16H or Section 17-10.6 may be commenced within | 15 | | 7 years of the last act committed in furtherance of the crime.
| 16 | | (Source: P.A. 96-233, eff. 1-1-10; 96-1551, Article 2, Section | 17 | | 1035, eff. 7-1-11; 96-1551, Article 10, Section 10-140, eff. | 18 | | 7-1-11; 97-597, eff. 1-1-12.)
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