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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
90_HB2257ham001
LRB9002963RCksam
1 AMENDMENT TO HOUSE BILL 2257
2 AMENDMENT NO. . Amend House Bill 2257, by replacing
3 the title with the following:
4 "AN ACT to amend the Criminal Code of 1961 by changing
5 Sections 3-5 and 3-6. "; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Criminal Code of 1961 is amended by
9 changing Sections 3-5 and 3-6 as follows:
10 (720 ILCS 5/3-5) (from Ch. 38, par. 3-5)
11 Sec. 3-5. General Limitations.
12 (a) A prosecution for first degree murder, second degree
13 murder, involuntary manslaughter, reckless homicide,
14 concealment of homicidal death, treason, arson, aggravated
15 arson, or forgery, or for any of the following offenses when
16 the victim was under the age of 18 at the time of the
17 commission of the offense: criminal sexual assault,
18 aggravated criminal sexual assault, predatory criminal sexual
19 assault of a child, criminal sexual abuse, or aggravated
20 criminal sexual abuse may be commenced at any time.
21 (b) Unless the statute describing the offense provides
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1 otherwise, or the period of limitation is extended by Section
2 3-6, a prosecution for any offense not designated in
3 Subsection (a) must be commenced within 3 years after the
4 commission of the offense if it is a felony, or within one
5 year and 6 months after its commission if it is a
6 misdemeanor.
7 (Source: P.A. 89-8, eff. 1-1-96.)
8 (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
9 Sec. 3-6. Extended limitations. The period within which
10 a prosecution must be commenced under the provisions of
11 Section 3-5 or other applicable statute is extended under the
12 following conditions:
13 (a) A prosecution for theft involving a breach of a
14 fiduciary obligation to the aggrieved person may be commenced
15 as follows:
16 (1) If the aggrieved person is a minor or a person
17 under legal disability, then during the minority or legal
18 disability or within one year after the termination
19 thereof.
20 (2) In any other instance, within one year after
21 the discovery of the offense by an aggrieved person, or
22 by a person who has legal capacity to represent an
23 aggrieved person or has a legal duty to report the
24 offense, and is not himself or herself a party to the
25 offense; or in the absence of such discovery, within one
26 year after the proper prosecuting officer becomes aware
27 of the offense. However, in no such case is the period of
28 limitation so extended more than 3 years beyond the
29 expiration of the period otherwise applicable.
30 (b) A prosecution for any offense based upon misconduct
31 in office by a public officer or employee may be commenced
32 within one year after discovery of the offense by a person
33 having a legal duty to report such offense, or in the absence
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1 of such discovery, within one year after the proper
2 prosecuting officer becomes aware of the offense. However, in
3 no such case is the period of limitation so extended more
4 than 3 years beyond the expiration of the period otherwise
5 applicable.
6 (c) A prosecution for any offense involving sexual
7 conduct or sexual penetration, as defined in Section 12-12 of
8 this Code, except criminal sexual assault, aggravated
9 criminal sexual assault, predatory criminal sexual assault of
10 a child, criminal sexual abuse, or aggravated criminal sexual
11 abuse, where the victim and defendant are family members, as
12 defined in Section 12-12 of this Code, may be commenced
13 within one year of the victim attaining the age of 18 years.
14 (d) A prosecution for child pornography, indecent
15 solicitation of a child, soliciting for a juvenile
16 prostitute, juvenile pimping or exploitation of a child may
17 be commenced within one year of the victim attaining the age
18 of 18 years. However, in no such case shall the time period
19 for prosecution expire sooner than 3 years after the
20 commission of the offense. When the victim is under 18 years
21 of age, a prosecution for criminal sexual assault, aggravated
22 criminal sexual assault, predatory criminal sexual assault of
23 a child, criminal sexual abuse or aggravated criminal sexual
24 abuse may be commenced within one year of the victim
25 attaining the age of 18 years. However, in no such case
26 shall the time period for prosecution expire sooner than 3
27 years after the commission of the offense.
28 (e) A prosecution for any offense involving sexual
29 conduct or sexual penetration, as defined in Section 12-12 of
30 this Code, where the defendant was within a professional or
31 fiduciary relationship or a purported professional or
32 fiduciary relationship with the victim at the time of the
33 commission of the offense may be commenced within one year
34 after the discovery of the offense by the victim.
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1 (f) A prosecution for any offense set forth in Section
2 44 of the "Environmental Protection Act", approved June 29,
3 1970, as amended, may be commenced within 5 years after the
4 discovery of such an offense by a person or agency having the
5 legal duty to report the offense or in the absence of such
6 discovery, within 5 years after the proper prosecuting
7 officer becomes aware of the offense.
8 (g) A prosecution for attempt to commit first degree
9 murder may be commenced within 7 years after commission of
10 the offense.
11 (h) A prosecution for criminal sexual assault or
12 aggravated criminal sexual assault may be commenced within 5
13 years of the commission of the offense if the victim reported
14 the offense to law enforcement authorities within 6 months
15 after the commission of the offense. Nothing in this
16 subdivision (h) shall be construed to shorten a period within
17 which a prosecution must be commenced under any other
18 provision of this Section.
19 (Source: P.A. 89-8, eff. 1-1-96; 89-354, eff. 1-1-96; 89-428,
20 eff. 12-13-95; 89-462, eff. 5-29-96.)".