093_HB3408ham001

 










                                     LRB093 09079 RLC 13893 a

 1                    AMENDMENT TO HOUSE BILL 3408

 2        AMENDMENT NO.     .  Amend House Bill 3408 as follows:
 3    by replacing everything after the enacting  clause  with  the
 4    following:

 5        "Section  5.   The  Criminal  Code  of 1961 is amended by
 6    changing Section 3-6 as follows:

 7        (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
 8        Sec. 3-6.  Extended limitations. The period within  which
 9    a  prosecution  must  be  commenced  under  the provisions of
10    Section 3-5 or other applicable statute is extended under the
11    following conditions:
12        (a)  A prosecution for theft  involving  a  breach  of  a
13    fiduciary obligation to the aggrieved person may be commenced
14    as follows:
15             (1)  If  the aggrieved person is a minor or a person
16        under legal disability, then during the minority or legal
17        disability or  within  one  year  after  the  termination
18        thereof.
19             (2)  In  any  other  instance, within one year after
20        the discovery of the offense by an aggrieved  person,  or
21        by  a  person  who  has  legal  capacity  to represent an
22        aggrieved person or  has  a  legal  duty  to  report  the
 
                            -2-      LRB093 09079 RLC 13893 a
 1        offense,  and  is  not  himself or herself a party to the
 2        offense; or in the absence of such discovery, within  one
 3        year  after  the proper prosecuting officer becomes aware
 4        of the offense. However, in no such case is the period of
 5        limitation so extended  more  than  3  years  beyond  the
 6        expiration of the period otherwise applicable.
 7        (b)  A  prosecution for any offense based upon misconduct
 8    in office by a public officer or employee  may  be  commenced
 9    within  one  year  after discovery of the offense by a person
10    having a legal duty to report such offense, or in the absence
11    of  such  discovery,  within  one  year  after   the   proper
12    prosecuting officer becomes aware of the offense. However, in
13    no  such  case  is  the period of limitation so extended more
14    than 6 3 years beyond the expiration of the period  otherwise
15    applicable.
16        (c)  Except  as  otherwise  provided in subsection (a) of
17    Section 3-5 of this Code and subdivision (i) or (j)  of  this
18    Section,  a  prosecution  for  any  offense  involving sexual
19    conduct or sexual penetration, as defined in Section 12-12 of
20    this Code, where the victim and defendant are family members,
21    as defined in Section 12-12 of this Code,  may  be  commenced
22    within one year of the victim attaining the age of 18 years.
23        (d)  A   prosecution   for  child  pornography,  indecent
24    solicitation  of  a  child,   soliciting   for   a   juvenile
25    prostitute,  juvenile  pimping or exploitation of a child may
26    be commenced within one year of the victim attaining the  age
27    of  18  years. However, in no such case shall the time period
28    for  prosecution  expire  sooner  than  3  years  after   the
29    commission of the offense.  When the victim is under 18 years
30    of  age,  a  prosecution  for  criminal  sexual  abuse may be
31    commenced within one year of the victim attaining the age  of
32    18 years.  However, in no such case shall the time period for
33    prosecution  expire  sooner than 3 years after the commission
34    of the offense.
 
                            -3-      LRB093 09079 RLC 13893 a
 1        (e)  Except as otherwise provided in subdivision  (j),  a
 2    prosecution  for  any  offense  involving  sexual  conduct or
 3    sexual penetration, as defined in Section 12-12 of this Code,
 4    where the defendant was within a  professional  or  fiduciary
 5    relationship   or   a  purported  professional  or  fiduciary
 6    relationship with the victim at the time of the commission of
 7    the offense may  be  commenced  within  one  year  after  the
 8    discovery of the offense by the victim.
 9        (f)  A  prosecution  for any offense set forth in Section
10    44 of the "Environmental Protection Act", approved  June  29,
11    1970,  as  amended, may be commenced within 5 years after the
12    discovery of such an offense by a person or agency having the
13    legal duty to report the offense or in the  absence  of  such
14    discovery,  within  5  years  after  the  proper  prosecuting
15    officer becomes aware of the offense.
16        (g)  (Blank).
17        (h)  (Blank).
18        (i)  Except  as  otherwise provided in subdivision (j), a
19    prosecution for criminal sexual assault, aggravated  criminal
20    sexual  assault,  or  aggravated criminal sexual abuse may be
21    commenced within 10 years of the commission of the offense if
22    the  victim  reported  the   offense   to   law   enforcement
23    authorities  within  2  years  after  the  commission  of the
24    offense.
25        Nothing in this subdivision (i)  shall  be  construed  to
26    shorten a period within which a prosecution must be commenced
27    under any other provision of this Section.
28        (j)  When the victim is under 18 years of age at the time
29    of  the  offense,  a prosecution for criminal sexual assault,
30    aggravated criminal sexual assault, predatory criminal sexual
31    assault of a child, or aggravated criminal sexual abuse or  a
32    prosecution for failure of a person who is required to report
33    an  alleged  or suspected commission of any of these offenses
34    under the Abused and Neglected Child  Reporting  Act  may  be
 
                            -4-      LRB093 09079 RLC 13893 a
 1    commenced  within  10 years after the child victim attains 18
 2    years of age.
 3        Nothing in this subdivision (j)  shall  be  construed  to
 4    shorten a period within which a prosecution must be commenced
 5    under any other provision of this Section.
 6    (Source:  P.A.  91-475,  eff.  1-1-00;  91-801, eff. 6-13-00;
 7    92-752, eff. 8-2-02; 92-801, eff. 8-16-02; revised 9-11-02.)

 8        Section 99.  Effective date.  This Act takes effect  upon
 9    becoming law.".