97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0916

 

Introduced 01/31/11, by Rep. Michael J. Madigan

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/3-6  from Ch. 38, par. 3-6

    Amends the Criminal Code of 1961. Makes a technical change in a Section concerning extended statutes of limitations.


LRB097 03735 RLC 43772 b

 

 

A BILL FOR

 

HB0916LRB097 03735 RLC 43772 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 1961 is amended by changing
5Section 3-6 as follows:
 
6    (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
7    Sec. 3-6. Extended limitations. The The period within which
8a prosecution 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
17    thereof.
18        (2) In any other instance, within one year after the
19    discovery of the offense by an aggrieved person, or by a
20    person who has legal capacity to represent an aggrieved
21    person or has a legal duty to report the offense, and is
22    not himself or herself a party to the offense; or in the
23    absence of such discovery, within one year after the proper

 

 

HB0916- 2 -LRB097 03735 RLC 43772 b

1    prosecuting officer becomes aware of the offense. However,
2    in no such case is the period of limitation so extended
3    more than 3 years beyond the expiration of the period
4    otherwise applicable.
5    (b) A prosecution for any offense based upon misconduct in
6office by a public officer or employee may be commenced within
7one year after discovery of the offense by a person having a
8legal duty to report such offense, or in the absence of such
9discovery, within one year after the proper prosecuting officer
10becomes aware of the offense. However, in no such case is the
11period of limitation so extended more than 3 years beyond the
12expiration of the period otherwise applicable.
13    (c) (Blank).
14    (d) A prosecution for child pornography, indecent
15solicitation of a child, soliciting for a juvenile prostitute,
16juvenile pimping or exploitation of a child may be commenced
17within one year of the victim attaining the age of 18 years.
18However, in no such case shall the time period for prosecution
19expire sooner than 3 years after the commission of the offense.
20When the victim is under 18 years of age, a prosecution for
21criminal sexual abuse may be commenced within one year of the
22victim attaining the age of 18 years. However, in no such case
23shall the time period for prosecution expire sooner than 3
24years after the commission of the offense.
25    (e) Except as otherwise provided in subdivision (j), a
26prosecution for any offense involving sexual conduct or sexual

 

 

HB0916- 3 -LRB097 03735 RLC 43772 b

1penetration, as defined in Section 12-12 of this Code, where
2the defendant was within a professional or fiduciary
3relationship or a purported professional or fiduciary
4relationship with the victim at the time of the commission of
5the offense may be commenced within one year after the
6discovery of the offense by the victim.
7    (f) A prosecution for any offense set forth in Section 44
8of the "Environmental Protection Act", approved June 29, 1970,
9as amended, may be commenced within 5 years after the discovery
10of such an offense by a person or agency having the legal duty
11to report the offense or in the absence of such discovery,
12within 5 years after the proper prosecuting officer becomes
13aware of the offense.
14    (f-5) A prosecution for any offense set forth in Section
1516G-15 or 16G-20 of this Code may be commenced within 5 years
16after the discovery of the offense by the victim of that
17offense.
18    (g) (Blank).
19    (h) (Blank).
20    (i) Except as otherwise provided in subdivision (j), a
21prosecution for criminal sexual assault, aggravated criminal
22sexual assault, or aggravated criminal sexual abuse may be
23commenced within 10 years of the commission of the offense if
24the victim reported the offense to law enforcement authorities
25within 3 years after the commission of the offense.
26    Nothing in this subdivision (i) shall be construed to

 

 

HB0916- 4 -LRB097 03735 RLC 43772 b

1shorten a period within which a prosecution must be commenced
2under any other provision of this Section.
3    (j) When the victim is under 18 years of age at the time of
4the offense, a prosecution for criminal sexual assault,
5aggravated criminal sexual assault, predatory criminal sexual
6assault of a child, aggravated criminal sexual abuse, or felony
7criminal sexual abuse, or a prosecution for failure of a person
8who is required to report an alleged or suspected commission of
9any of these offenses under the Abused and Neglected Child
10Reporting Act may be commenced within 20 years after the child
11victim attains 18 years of age. When the victim is under 18
12years of age at the time of the offense, a prosecution for
13misdemeanor criminal sexual abuse may be commenced within 10
14years after the child victim attains 18 years of age.
15    Nothing in this subdivision (j) shall be construed to
16shorten a period within which a prosecution must be commenced
17under any other provision of this Section.
18    (k) A prosecution for theft involving real property
19exceeding $100,000 in value under Section 16-1, identity theft
20under Section 16G-15, aggravated identity theft under Section
2116G-20, or any offense set forth in Article 16H may be
22commenced within 7 years of the last act committed in
23furtherance of the crime.
24(Source: P.A. 95-548, eff. 8-30-07; 96-233, eff. 1-1-10.)