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| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
90_HB2257sam001
LRB9002963RCcdam
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 Section 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 Section 3-6 as follows:
10 (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
11 Sec. 3-6. Extended limitations. The period within which
12 a prosecution must be commenced under the provisions of
13 Section 3-5 or other applicable statute is extended under the
14 following conditions:
15 (a) A prosecution for theft involving a breach of a
16 fiduciary obligation to the aggrieved person may be commenced
17 as follows:
18 (1) If the aggrieved person is a minor or a person
19 under legal disability, then during the minority or legal
20 disability or within one year after the termination
21 thereof.
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1 (2) In any other instance, within one year after
2 the discovery of the offense by an aggrieved person, or
3 by a person who has legal capacity to represent an
4 aggrieved person or has a legal duty to report the
5 offense, and is not himself or herself a party to the
6 offense; or in the absence of such discovery, within one
7 year after the proper prosecuting officer becomes aware
8 of the offense. However, in no such case is the period of
9 limitation so extended more than 3 years beyond the
10 expiration of the period otherwise applicable.
11 (b) A prosecution for any offense based upon misconduct
12 in office by a public officer or employee may be commenced
13 within one year after discovery of the offense by a person
14 having a legal duty to report such offense, or in the absence
15 of such discovery, within one year after the proper
16 prosecuting officer becomes aware of the offense. However, in
17 no such case is the period of limitation so extended more
18 than 3 years beyond the expiration of the period otherwise
19 applicable.
20 (c) A prosecution for any offense involving sexual
21 conduct or sexual penetration, as defined in Section 12-12 of
22 this Code, where the victim and defendant are family members,
23 as defined in Section 12-12 of this Code, may be commenced
24 within one year of the victim attaining the age of 18 years.
25 (d) A prosecution for child pornography, indecent
26 solicitation of a child, soliciting for a juvenile
27 prostitute, juvenile pimping or exploitation of a child may
28 be commenced within one year of the victim attaining the age
29 of 18 years. However, in no such case shall the time period
30 for prosecution expire sooner than 3 years after the
31 commission of the offense. When the victim is under 18 years
32 of age, a prosecution for criminal sexual assault, aggravated
33 criminal sexual assault, predatory criminal sexual assault of
34 a child, criminal sexual abuse or aggravated criminal sexual
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1 abuse may be commenced within one year of the victim
2 attaining the age of 18 years. However, in no such case
3 shall the time period for prosecution expire sooner than 3
4 years after the commission of the offense.
5 (e) A prosecution for any offense involving sexual
6 conduct or sexual penetration, as defined in Section 12-12 of
7 this Code, where the defendant was within a professional or
8 fiduciary relationship or a purported professional or
9 fiduciary relationship with the victim at the time of the
10 commission of the offense may be commenced within one year
11 after the discovery of the offense by the victim.
12 (f) A prosecution for any offense set forth in Section
13 44 of the "Environmental Protection Act", approved June 29,
14 1970, as amended, may be commenced within 5 years after the
15 discovery of such an offense by a person or agency having the
16 legal duty to report the offense or in the absence of such
17 discovery, within 5 years after the proper prosecuting
18 officer becomes aware of the offense.
19 (g) A prosecution for attempt to commit first degree
20 murder may be commenced within 7 years after commission of
21 the offense.
22 (h) A prosecution for criminal sexual assault or
23 aggravated criminal sexual assault may be commenced within 5
24 years of the commission of the offense if the victim reported
25 the offense to law enforcement authorities within 6 months
26 after the commission of the offense. If the identity of the
27 accused is unknown and at the time of the offense physical
28 evidence is collected that is capable of being tested for its
29 DNA characteristics which would identify the accused, a
30 prosecution for predatory criminal sexual assault of a child,
31 criminal sexual assault, or aggravated criminal sexual
32 assault may be commenced at any time. Nothing in this
33 subdivision (h) shall be construed to shorten a period within
34 which a prosecution must be commenced under any other
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1 provision of this Section.
2 (Source: P.A. 89-8, eff. 1-1-96; 89-354, eff. 1-1-96; 89-428,
3 eff. 12-13-95; 89-462, eff. 5-29-96.)".