Sen. James F. Clayborne, Jr.

Filed: 3/27/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1715

2    AMENDMENT NO. ______. Amend Senate Bill 1715 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 2012 is amended by
5changing Section 3-6 as follows:
 
6    (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
7    Sec. 3-6. Extended limitations. The period within which a
8prosecution must be commenced under the provisions of Section
93-5 or other applicable statute is extended under the following
10conditions:
11    (a) A prosecution for theft involving a breach of a
12fiduciary obligation to the aggrieved person may be commenced
13as follows:
14        (1) If the aggrieved person is a minor or a person
15    under legal disability, then during the minority or legal
16    disability or within one year after the termination

 

 

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1    thereof.
2        (2) In any other instance, within one year after the
3    discovery of the offense by an aggrieved person, or by a
4    person who has legal capacity to represent an aggrieved
5    person or has a legal duty to report the offense, and is
6    not himself or herself a party to the offense; or in the
7    absence of such discovery, within one year after the proper
8    prosecuting officer becomes aware of the offense. However,
9    in no such case is the period of limitation so extended
10    more than 3 years beyond the expiration of the period
11    otherwise applicable.
12    (b) Except as otherwise provided in subsection (b-1) of
13this Section, a A prosecution for any offense based upon
14misconduct in office by a public officer or employee may be
15commenced within one year after discovery of the offense by a
16person having a legal duty to report such offense, or in the
17absence of such discovery, within one year after the proper
18prosecuting officer becomes aware of the offense. However, in
19no such case is the period of limitation so extended more than
203 years beyond the expiration of the period otherwise
21applicable.
22    (b-1) A prosecution for any offense based upon an act or
23omission of a member of a law enforcement agency or department
24that the victim or any person legally standing in the place of
25the victim can show was a contributing factor to the filing of
26a criminal charge, conviction, or incarceration of the victim

 

 

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1may be commenced within 2 years of the offense, or in the
2absence of the discovery, within 2 years after the proper
3prosecuting officer becomes aware of the offense. However, in
4no such case is the period of limitation so extended more than
54 years beyond the expiration of the period otherwise
6applicable.
7    (b-5) When the victim is under 18 years of age at the time
8of the offense, a prosecution for involuntary servitude,
9involuntary sexual servitude of a minor, or trafficking in
10persons and related offenses under Section 10-9 of this Code
11may be commenced within one year of the victim attaining the
12age of 18 years. However, in no such case shall the time period
13for prosecution expire sooner than 3 years after the commission
14of the offense.
15    (c) (Blank).
16    (d) A prosecution for child pornography, aggravated child
17pornography, indecent solicitation of a child, soliciting for a
18juvenile prostitute, juvenile pimping, exploitation of a
19child, or promoting juvenile prostitution except for keeping a
20place of juvenile prostitution may be commenced within one year
21of the victim attaining the age of 18 years. However, in no
22such case shall the time period for prosecution expire sooner
23than 3 years after the commission of the offense. When the
24victim is under 18 years of age, a prosecution for criminal
25sexual abuse may be commenced within one year of the victim
26attaining the age of 18 years. However, in no such case shall

 

 

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1the time period for prosecution expire sooner than 3 years
2after the commission of the offense.
3    (e) Except as otherwise provided in subdivision (j), a
4prosecution for any offense involving sexual conduct or sexual
5penetration, as defined in Section 11-0.1 of this Code, where
6the defendant was within a professional or fiduciary
7relationship or a purported professional or fiduciary
8relationship with the victim at the time of the commission of
9the offense may be commenced within one year after the
10discovery of the offense by the victim.
11    (f) A prosecution for any offense set forth in Section 44
12of the "Environmental Protection Act", approved June 29, 1970,
13as amended, may be commenced within 5 years after the discovery
14of such an offense by a person or agency having the legal duty
15to report the offense or in the absence of such discovery,
16within 5 years after the proper prosecuting officer becomes
17aware of the offense.
18    (f-5) A prosecution for any offense set forth in Section
1916-30 of this Code may be commenced within 5 years after the
20discovery of the offense by the victim of that offense.
21    (g) (Blank).
22    (h) (Blank).
23    (i) Except as otherwise provided in subdivision (j), a
24prosecution for criminal sexual assault, aggravated criminal
25sexual assault, or aggravated criminal sexual abuse may be
26commenced within 10 years of the commission of the offense if

 

 

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

 

 

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1suspected commission of any of these offenses under the Abused
2and Neglected Child Reporting Act may be commenced within 20
3years after the child victim attains 18 years of age.
4    (3) When the victim is under 18 years of age at the time of
5the offense, a prosecution for misdemeanor criminal sexual
6abuse may be commenced within 10 years after the child victim
7attains 18 years of age.
8    (4) Nothing in this subdivision (j) shall be construed to
9shorten a period within which a prosecution must be commenced
10under any other provision of this Section.
11    (j-5) A prosecution for armed robbery, home invasion,
12kidnapping, or aggravated kidnaping may be commenced at any
13time if it arises out of the same course of conduct and meets
14the criteria under one of the offenses in subsection (j) of
15this Section.
16    (k) (Blank).
17    (l) A prosecution for any offense set forth in Section 26-4
18of this Code may be commenced within one year after the
19discovery of the offense by the victim of that offense.
20(Source: P.A. 98-293, eff. 1-1-14; 98-379, eff. 1-1-14; 98-756,
21eff. 7-16-14; 99-234, eff. 8-3-15; 99-820, eff. 8-15-16.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.".