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Public Act 100-0434 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 2012 is amended by changing | ||||
Sections 3-6 and 3-7 as follows:
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(720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
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Sec. 3-6. Extended limitations. The period within which a | ||||
prosecution
must be commenced under the provisions of Section | ||||
3-5 or other applicable
statute is extended under the following | ||||
conditions:
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(a) A prosecution for theft involving a breach of a | ||||
fiduciary obligation
to the aggrieved person may be commenced | ||||
as follows:
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(1) If the aggrieved person is a minor or a person | ||||
under legal disability,
then during the minority or legal | ||||
disability or within one year after the
termination | ||||
thereof.
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(2) In any other instance, within one year after the | ||||
discovery of the
offense by an aggrieved person, or by a | ||||
person who has legal capacity to
represent an aggrieved | ||||
person or has a legal duty to report the offense,
and is | ||||
not himself or herself a party to the offense; or in the | ||||
absence of such
discovery, within one year after the proper |
prosecuting officer becomes
aware of the offense. However, | ||
in no such case is the period of limitation
so extended | ||
more than 3 years beyond the expiration of the period | ||
otherwise
applicable.
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(b) A prosecution for any offense based upon misconduct in | ||
office by a
public officer or employee may be commenced within | ||
one year after discovery
of the offense by a person having a | ||
legal duty to report such offense, or
in the absence of such | ||
discovery, within one year after the proper
prosecuting officer | ||
becomes aware of the offense. However, in no such case
is the | ||
period of limitation so extended more than 3 years beyond the
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expiration of the period otherwise applicable.
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(b-5) When the victim is under 18 years of age at the time | ||
of the offense, a prosecution for involuntary servitude, | ||
involuntary sexual servitude of a minor, or trafficking in | ||
persons and related offenses under Section 10-9 of this Code | ||
may be commenced within one year of the victim attaining the | ||
age of 18 years. However, in no such case shall the time period | ||
for prosecution expire sooner than 3 years after the commission | ||
of the offense. | ||
(c) (Blank).
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(d) A prosecution for child pornography, aggravated child | ||
pornography, indecent
solicitation of a
child, soliciting for a | ||
juvenile prostitute, juvenile pimping,
exploitation of a | ||
child, or promoting juvenile prostitution except for keeping a | ||
place of juvenile prostitution may be commenced within one year |
of the victim
attaining the age of 18 years. However, in no | ||
such case shall the time
period for prosecution expire sooner | ||
than 3 years after the commission of
the offense. When the | ||
victim is under 18 years of age, a prosecution for
criminal
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sexual abuse may be commenced within
one year of the victim | ||
attaining the age of 18 years. However, in no such
case shall | ||
the time period for prosecution expire sooner than 3 years | ||
after
the commission of the offense.
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(e) Except as otherwise provided in subdivision (j), a | ||
prosecution for
any offense involving sexual conduct or sexual
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penetration, as defined in Section 11-0.1 of this Code, where | ||
the defendant
was within a professional or fiduciary | ||
relationship or a purported
professional or fiduciary | ||
relationship with the victim at the
time of the commission of | ||
the offense may be commenced within one year
after the | ||
discovery of the offense by the victim.
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(f) A prosecution for any offense set forth in Section 44
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of the "Environmental Protection Act", approved June 29, 1970, | ||
as amended,
may be commenced within 5 years after the discovery | ||
of such
an offense by a person or agency having the legal duty | ||
to report the
offense or in the absence of such discovery, | ||
within 5 years
after the proper prosecuting officer becomes | ||
aware of the offense.
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(f-5) A prosecution for any offense set forth in Section | ||
16-30 of this Code may be commenced within 5 years after the | ||
discovery of the offense by the victim of that offense.
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(g) (Blank).
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(h) (Blank).
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(i) Except as otherwise provided in subdivision (j), a | ||
prosecution for
criminal sexual assault, aggravated criminal
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sexual assault, or aggravated criminal sexual abuse may be | ||
commenced within 10
years of the commission of the offense if | ||
the victim reported the offense to
law enforcement authorities | ||
within 3 years after the commission of the offense.
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Nothing in this subdivision (i) shall be construed to
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shorten a period within which a prosecution must be commenced | ||
under any other
provision of this Section.
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(i-5) A prosecution for armed robbery, home invasion, | ||
kidnapping, or aggravated kidnaping may be commenced within 10 | ||
years of the commission of the offense if it arises out of the | ||
same course of conduct and meets the criteria under one of the | ||
offenses in subsection (i) of this Section. | ||
(j) (1) When the victim is under 18 years of age at the | ||
time of the offense, a
prosecution
for criminal sexual assault, | ||
aggravated criminal sexual assault, predatory
criminal sexual | ||
assault of a child, aggravated criminal sexual abuse, or felony | ||
criminal sexual abuse may be commenced at any time when | ||
corroborating physical evidence is available or an individual | ||
who is required to report an alleged or suspected commission of | ||
any of these offenses under the Abused and Neglected Child | ||
Reporting Act fails to do so. | ||
(2) In circumstances other than as described in paragraph |
(1) of this subsection (j), when the victim is under 18 years | ||
of age at the time of the offense, a prosecution for criminal | ||
sexual assault, aggravated criminal sexual assault, predatory | ||
criminal sexual assault of a child, aggravated criminal sexual | ||
abuse, or felony criminal sexual abuse, or a
prosecution for | ||
failure of a person who is required to report an alleged
or | ||
suspected commission of any of these offenses under the Abused | ||
and Neglected
Child Reporting Act may be
commenced within 20 | ||
years after the child victim attains 18
years of age. | ||
(3) When the victim is under 18 years of age at the time of | ||
the offense, a
prosecution
for misdemeanor criminal sexual | ||
abuse may be
commenced within 10 years after the child victim | ||
attains 18
years of age.
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(4) Nothing in this subdivision (j) shall be construed to
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shorten a period within which a prosecution must be commenced | ||
under any other
provision of this Section.
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(j-5) A prosecution for armed robbery, home invasion, | ||
kidnapping, or aggravated kidnaping may be commenced at any | ||
time if it arises out of the same course of conduct and meets | ||
the criteria under one of the offenses in subsection (j) of | ||
this Section. | ||
(k) (Blank).
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(l) A prosecution for any offense set forth in Section 26-4 | ||
of this Code may be commenced within one year after the | ||
discovery of the offense by the victim of that offense. | ||
(m) The prosecution shall not be required to prove at trial |
facts which extend the general limitations in Section 3-5 of | ||
this Code when the facts supporting extension of the period of | ||
general limitations are properly pled in the charging document. | ||
Any challenge relating to the extension of the general | ||
limitations period as defined in this Section shall be | ||
exclusively conducted under Section 114-1 of the Code of | ||
Criminal Procedure of 1963. | ||
(Source: P.A. 98-293, eff. 1-1-14; 98-379, eff. 1-1-14; 98-756, | ||
eff. 7-16-14; 99-234, eff. 8-3-15; 99-820, eff. 8-15-16.)
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(720 ILCS 5/3-7) (from Ch. 38, par. 3-7)
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Sec. 3-7. Periods
excluded from limitation. | ||
(a) The period within which a prosecution must be commenced | ||
does not include
any period in which:
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(1) the defendant is not usually and publicly resident | ||
within this
State; or
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(2) the defendant is a public officer and the offense | ||
charged is theft
of public funds while in public office; or
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(3) a prosecution is pending against the defendant for | ||
the same conduct,
even if the indictment or information | ||
which commences the prosecution is
quashed or the | ||
proceedings thereon are set aside, or are reversed on
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appeal; or
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(4) a proceeding or an appeal from a proceeding | ||
relating
to the quashing or enforcement of a Grand Jury | ||
subpoena issued in connection
with an investigation of a |
violation of a criminal law of this State is
pending. | ||
However, the period within which a prosecution must be | ||
commenced
includes any period in which the State brings a | ||
proceeding or an appeal from a
proceeding specified in this | ||
paragraph (4); or
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(5) a material witness is placed on active military | ||
duty or leave. In
this paragraph (5), "material witness" | ||
includes, but is not limited to, the
arresting officer, | ||
occurrence witness, or the alleged victim of the offense; | ||
or | ||
(6) the victim of unlawful force or threat of imminent | ||
bodily harm to obtain information or a
confession is | ||
incarcerated, and the victim's incarceration, in whole or | ||
in part, is a consequence of the unlawful force or
threats; | ||
or | ||
(7) the sexual assault evidence is collected and | ||
submitted to the Department of State Police until the | ||
completion of the analysis of the submitted evidence.
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(a-5) The prosecution shall not be required to prove at | ||
trial facts establishing periods excluded from the general | ||
limitations in Section 3-5 of this Code when the facts | ||
supporting periods being excluded from the general limitations | ||
are properly pled in the charging document. Any challenge | ||
relating to periods of exclusion as defined in this Section | ||
shall be exclusively conducted under Section 114-1 of the Code | ||
of Criminal Procedure of 1963. |
(b) For the purposes of this Section: | ||
"Completion of the analysis of the submitted evidence" | ||
means analysis of the collected evidence and conducting of | ||
laboratory
tests and the comparison of the collected | ||
evidence with the genetic marker grouping analysis | ||
information maintained by the Department of State Police | ||
under Section 5-4-3 of the Unified Code of Corrections and | ||
with the information contained in the Federal Bureau of | ||
Investigation's National DNA database. | ||
"Sexual assault" has the meaning ascribed to it in | ||
Section 1a of the Sexual Assault Survivors Emergency | ||
Treatment Act. | ||
"Sexual assault evidence" has the meaning ascribed to | ||
it in Section 5 of the Sexual Assault Evidence Submission | ||
Act. | ||
(Source: P.A. 99-252, eff. 1-1-16 .)
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Section 10. The Code of Criminal Procedure of 1963 is | ||
amended by changing Section 114-1 as follows:
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(725 ILCS 5/114-1) (from Ch. 38, par. 114-1)
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Sec. 114-1. Motion to dismiss charge.
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(a) Upon the written motion of the defendant made prior to | ||
trial before
or after a plea has been entered the court may | ||
dismiss the indictment,
information or complaint upon any of | ||
the following grounds:
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(1) The defendant has not been placed on trial in | ||
compliance
with Section 103-5 of this Code.
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(2) The prosecution of the offense is barred by | ||
Sections 3-3 through
3-8 of the Criminal Code of 2012.
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(3) The defendant has received immunity from | ||
prosecution for the offense
charged.
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(4) The indictment was returned by a Grand Jury which | ||
was improperly
selected and which results in substantial | ||
injustice to the defendant.
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(5) The indictment was returned by a Grand Jury which | ||
acted contrary to
Article 112 of this Code and which | ||
results in substantial injustice to the
defendant.
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(6) The court in which the charge has been filed does | ||
not have
jurisdiction.
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(7) The county is an improper place of trial.
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(8) The charge does not state an offense.
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(9) The indictment is based solely upon the testimony | ||
of an incompetent
witness.
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(10) The defendant is misnamed in the charge and the | ||
misnomer results in
substantial injustice to the | ||
defendant.
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(11) The requirements of Section 109-3.1 have not been | ||
complied with.
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(b) The court shall require any motion to dismiss to be | ||
filed within a
reasonable time after the defendant has been | ||
arraigned. Any motion not
filed within such time or an |
extension thereof shall not be considered by
the court and the | ||
grounds therefor, except as to subsections (a)(6) and
(a)(8) of | ||
this Section, are waived.
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(c) If the motion presents only an issue of law the court | ||
shall
determine it without the necessity of further pleadings. | ||
If the motion
alleges facts not of record in the case the State | ||
shall file an answer
admitting or denying each of the factual | ||
allegations of the motion.
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(d) When an issue of fact is presented by a motion to | ||
dismiss and the
answer of the State the court shall conduct a | ||
hearing and determine the
issues.
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(d-5) When a defendant seeks dismissal of the charge upon | ||
the ground set
forth in subsection (a)(7) of this Section, the | ||
defendant shall make a prima
facie showing that the county is | ||
an improper place of trial. Upon such
showing, the State shall | ||
have the burden of proving, by a preponderance of
the evidence, | ||
that the county is the proper place of trial.
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(d-6) When a defendant seeks dismissal of the charge upon | ||
the grounds set forth in subsection (a)(2) of this Section, the | ||
prosecution shall have the burden of proving, by a | ||
preponderance of the evidence, that the
prosecution of the | ||
offense is not barred by Sections 3-3 through 3-8 of the | ||
Criminal Code of 2012. | ||
(e) Dismissal of the charge upon the grounds set forth in | ||
subsections
(a)(4) through (a)(11) of this Section shall not | ||
prevent the return of a
new indictment or the filing of a new |
charge, and upon such dismissal
the court may order that the | ||
defendant be held in custody or, if the
defendant had been | ||
previously released on bail, that the bail be continued for a | ||
specified time pending the return of a new
indictment or the | ||
filing of a new charge.
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(f) If the court determines that the motion to dismiss | ||
based upon the
grounds set forth in subsections (a)(6) and | ||
(a)(7) is well founded it
may, instead of dismissal, order the | ||
cause transferred to a court of
competent jurisdiction or to a | ||
proper place of trial.
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(Source: P.A. 97-1150, eff. 1-25-13.)
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