Sen. Jil Tracy

Filed: 3/12/2018

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2271

2    AMENDMENT NO. ______. Amend Senate Bill 2271 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) A prosecution for any offense based upon misconduct in
13office by a public officer or employee may be commenced within
14one year after discovery of the offense by a person having a
15legal duty to report such offense, or in the absence of such
16discovery, within one year after the proper prosecuting officer
17becomes aware of the offense. However, in no such case is the
18period of limitation so extended more than 3 years beyond the
19expiration of the period otherwise applicable.
20    (b-5) When the victim is under 18 years of age at the time
21of the offense, a prosecution for involuntary servitude,
22involuntary sexual servitude of a minor, or trafficking in
23persons and related offenses under Section 10-9 of this Code
24may be commenced within 25 years of the victim attaining the
25age of 18 years.
26    (c) (Blank).

 

 

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1    (d) A prosecution for child pornography, aggravated child
2pornography, indecent solicitation of a child, soliciting for a
3juvenile prostitute, juvenile pimping, exploitation of a
4child, or promoting juvenile prostitution except for keeping a
5place of juvenile prostitution may be commenced within one year
6of the victim attaining the age of 18 years. However, in no
7such case shall the time period for prosecution expire sooner
8than 3 years after the commission of the offense.
9    (e) Except as otherwise provided in subdivision (j), a
10prosecution for any offense involving sexual conduct or sexual
11penetration, as defined in Section 11-0.1 of this Code, where
12the defendant was within a professional or fiduciary
13relationship or a purported professional or fiduciary
14relationship with the victim at the time of the commission of
15the offense may be commenced within one year after the
16discovery of the offense by the victim.
17    (f) A prosecution for any offense set forth in Section 44
18of the "Environmental Protection Act", approved June 29, 1970,
19as amended, may be commenced within 5 years after the discovery
20of such an offense by a person or agency having the legal duty
21to report the offense or in the absence of such discovery,
22within 5 years after the proper prosecuting officer becomes
23aware of the offense.
24    (f-5) A prosecution for any offense set forth in Section
2516-30 of this Code may be commenced within 5 years after the
26discovery of the offense by the victim of that offense.

 

 

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

 

 

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1criminal sexual abuse, or felony criminal sexual abuse under
2the Abused and Neglected Child Reporting Act may be commenced
3within 20 years 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    (l-5) A prosecution for any offense involving sexual
21conduct or sexual penetration, as defined in Section 11-0.1 of
22this Code, in which the victim was 18 years of age or older at
23the time of the offense, may be commenced within one year after
24the discovery of the offense by the victim when corroborating
25physical evidence is available. The charging document shall
26state that the statute of limitations is extended under this

 

 

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1subsection (l-5) and shall state the circumstances justifying
2the extension. Nothing in this subsection (l-5) shall be
3construed to shorten a period within which a prosecution must
4be commenced under any other provision of this Section or
5Section 3-5 of this Code.
6    (m) The prosecution shall not be required to prove at trial
7facts which extend the general limitations in Section 3-5 of
8this Code when the facts supporting extension of the period of
9general limitations are properly pled in the charging document.
10Any challenge relating to the extension of the general
11limitations period as defined in this Section shall be
12exclusively conducted under Section 114-1 of the Code of
13Criminal Procedure of 1963.
14(Source: P.A. 99-234, eff. 8-3-15; 99-820, eff. 8-15-16;
15100-80, eff. 8-11-17; 100-318, eff. 8-24-17; 100-434, eff.
161-1-18; revised 10-5-17.)".