100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0716

 

Introduced 1/25/2017, by Rep. Daniel V. Beiser

 

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

    Amends the Criminal Code of 2012. Provides that 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 regardless as to whether 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. Makes conforming changes.


LRB100 05472 RLC 15483 b

 

 

A BILL FOR

 

HB0716LRB100 05472 RLC 15483 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Sections 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 may be commenced at any time for: (1)
9first degree murder, attempt to commit first degree murder,
10second degree murder, involuntary manslaughter, reckless
11homicide, leaving the scene of a motor vehicle accident
12involving death or personal injuries under Section 11-401 of
13the Illinois Vehicle Code, failing to give information and
14render aid under Section 11-403 of the Illinois Vehicle Code,
15concealment of homicidal death, treason, arson, residential
16arson, aggravated arson, forgery, child pornography under
17paragraph (1) of subsection (a) of Section 11-20.1, aggravated
18child pornography under paragraph (1) of subsection (a) of
19Section 11-20.1B; , or
20        (1.5) any of the following offenses under this Code,
21    when the victim is under 18 years of age at the time of the
22    offense:
23            (i) criminal sexual assault under Section 11-1.20;

 

 

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1            (ii) aggravated criminal sexual assault under
2        Section 11-1.30;
3            (iii) predatory criminal sexual assault of a child
4        under Section 11-1.40;
5            (iv) criminal sexual abuse under subsection (a) of
6        Section 11-1.50; or
7            (v) aggravated criminal sexual abuse under Section
8        11-1.60; or
9         (2) any offense involving sexual conduct or sexual
10    penetration, as defined by Section 11-0.1 of this Code in
11    which the DNA profile of the offender is obtained and
12    entered into a DNA database within 10 years after the
13    commission of the offense, and may be commenced at any
14    time. Clause (2) of this subsection (a) applies if either:
15    (i) the victim reported the offense to law enforcement
16    authorities within 3 years after the commission of the
17    offense unless a longer period for reporting the offense to
18    law enforcement authorities is provided in Section 3-6 or
19    (ii) the victim is murdered during the course of the
20    offense or within 2 years after the commission of the
21    offense.
22    (a-5) A prosecution for theft of property exceeding
23$100,000 in value under Section 16-1, identity theft under
24subsection (a) of Section 16-30, aggravated identity theft
25under subsection (b) of Section 16-30, financial exploitation
26of an elderly person or a person with a disability under

 

 

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1Section 17-56; or any offense set forth in Article 16H or
2Section 17-10.6 may be commenced within 7 years of the last act
3committed in furtherance of the crime.
4    (b) Unless the statute describing the offense provides
5otherwise, or the period of limitation is extended by Section
63-6, a prosecution for any offense not designated in subsection
7(a) or (a-5) must be commenced within 3 years after the
8commission of the offense if it is a felony, or within one year
9and 6 months after its commission if it is a misdemeanor.
10(Source: P.A. 98-265, eff. 1-1-14; 99-820, eff. 8-15-16.)
 
11    (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
12    Sec. 3-6. Extended limitations. The period within which a
13prosecution must be commenced under the provisions of Section
143-5 or other applicable statute is extended under the following
15conditions:
16    (a) A prosecution for theft involving a breach of a
17fiduciary obligation to the aggrieved person may be commenced
18as follows:
19        (1) If the aggrieved person is a minor or a person
20    under legal disability, then during the minority or legal
21    disability or within one year after the termination
22    thereof.
23        (2) In any other instance, within one year after the
24    discovery of the offense by an aggrieved person, or by a
25    person who has legal capacity to represent an aggrieved

 

 

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1    person or has a legal duty to report the offense, and is
2    not himself or herself a party to the offense; or in the
3    absence of such discovery, within one year after the proper
4    prosecuting officer becomes aware of the offense. However,
5    in no such case is the period of limitation so extended
6    more than 3 years beyond the expiration of the period
7    otherwise applicable.
8    (b) A prosecution for any offense based upon misconduct in
9office by a public officer or employee may be commenced within
10one year after discovery of the offense by a person having a
11legal duty to report such offense, or in the absence of such
12discovery, within one year after the proper prosecuting officer
13becomes aware of the offense. However, in no such case is the
14period of limitation so extended more than 3 years beyond the
15expiration of the period otherwise applicable.
16    (b-5) When the victim is under 18 years of age at the time
17of the offense, a prosecution for involuntary servitude,
18involuntary sexual servitude of a minor, or trafficking in
19persons and related offenses under Section 10-9 of this Code
20may be commenced within one year of the victim attaining the
21age of 18 years. However, in no such case shall the time period
22for prosecution expire sooner than 3 years after the commission
23of the offense.
24    (c) (Blank).
25    (d) A prosecution for child pornography, aggravated child
26pornography, indecent solicitation of a child, soliciting for a

 

 

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1juvenile prostitute, juvenile pimping, exploitation of a
2child, or promoting juvenile prostitution except for keeping a
3place of juvenile prostitution may be commenced within one year
4of the victim attaining the age of 18 years. However, in no
5such case shall the time period for prosecution expire sooner
6than 3 years after the commission of the offense. When the
7victim is under 18 years of age, a prosecution for criminal
8sexual abuse may be commenced within one year of the victim
9attaining the age of 18 years. However, in no such case shall
10the time period for prosecution expire sooner than 3 years
11after the commission of the offense.
12    (e) Except as otherwise provided in subdivision (j), a
13prosecution for any offense involving sexual conduct or sexual
14penetration, as defined in Section 11-0.1 of this Code, where
15the defendant was within a professional or fiduciary
16relationship or a purported professional or fiduciary
17relationship with the victim at the time of the commission of
18the offense may be commenced within one year after the
19discovery of the offense by the victim.
20    (f) A prosecution for any offense set forth in Section 44
21of the "Environmental Protection Act", approved June 29, 1970,
22as amended, may be commenced within 5 years after the discovery
23of such an offense by a person or agency having the legal duty
24to report the offense or in the absence of such discovery,
25within 5 years after the proper prosecuting officer becomes
26aware of the offense.

 

 

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1    (f-5) A prosecution for any offense set forth in Section
216-30 of this Code may be commenced within 5 years after the
3discovery of the offense by the victim of that offense.
4    (g) (Blank).
5    (h) (Blank).
6    (i) Except as otherwise provided in subdivision (j), a
7prosecution for criminal sexual assault, aggravated criminal
8sexual assault, or aggravated criminal sexual abuse may be
9commenced within 10 years of the commission of the offense if
10the victim reported the offense to law enforcement authorities
11within 3 years after the commission of the offense.
12    Nothing in this subdivision (i) shall be construed to
13shorten a period within which a prosecution must be commenced
14under any other provision of this Section.
15    (i-5) A prosecution for armed robbery, home invasion,
16kidnapping, or aggravated kidnaping may be commenced within 10
17years of the commission of the offense if it arises out of the
18same course of conduct and meets the criteria under one of the
19offenses in subsection (i) of this Section.
20    (j) (1) (Blank). When the victim is under 18 years of age
21at the time of the offense, a prosecution for criminal sexual
22assault, aggravated criminal sexual assault, predatory
23criminal sexual assault of a child, aggravated criminal sexual
24abuse, or felony criminal sexual abuse may be commenced at any
25time when corroborating physical evidence is available or an
26individual who is required to report an alleged or suspected

 

 

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1commission of any of these offenses under the Abused and
2Neglected Child Reporting Act fails to do so.
3    (2) In circumstances other than as described in paragraph
4(1) of this subsection (j), when the victim is under 18 years
5of age at the time of the offense, a prosecution for criminal
6sexual assault, aggravated criminal sexual assault, predatory
7criminal sexual assault of a child, aggravated criminal sexual
8abuse, or felony criminal sexual abuse, or a prosecution for
9failure of a person who is required to report an alleged or
10suspected commission of any of the these offenses described in
11clause (1.5) of subsection (a) of Section 3-5 of this Code
12under the Abused and Neglected Child Reporting Act may be
13commenced within 20 years after the child victim attains 18
14years of age.
15    (3) When the victim is under 18 years of age at the time of
16the offense, a prosecution for misdemeanor criminal sexual
17abuse may be commenced within 10 years after the child victim
18attains 18 years of age.
19    (4) Nothing in this subdivision (j) shall be construed to
20shorten a period within which a prosecution must be commenced
21under any other provision of this Section.
22    (j-5) A prosecution for armed robbery, home invasion,
23kidnapping, or aggravated kidnaping may be commenced at any
24time if it arises out of the same course of conduct and meets
25the criteria under one of the offenses in subsection (j) of
26this Section.

 

 

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1    (k) (Blank).
2    (l) A prosecution for any offense set forth in Section 26-4
3of this Code may be commenced within one year after the
4discovery of the offense by the victim of that offense.
5(Source: P.A. 98-293, eff. 1-1-14; 98-379, eff. 1-1-14; 98-756,
6eff. 7-16-14; 99-234, eff. 8-3-15; 99-820, eff. 8-15-16.)