97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB2886

 

Introduced 2/22/2011, by Rep. Charles E. Jefferson

 

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 1961. Provides that a prosecution for any sex offense may be commenced at any time if the victim was under 18 years of age at the time of the offense.


LRB097 08481 RLC 48608 b

 

 

A BILL FOR

 

HB2886LRB097 08481 RLC 48608 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
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 for: (1) first degree murder, attempt to
9commit first degree murder, second degree murder, involuntary
10manslaughter, reckless homicide, leaving the scene of a motor
11vehicle accident involving death or personal injuries under
12Section 11-401 of the Illinois Vehicle Code, failing to give
13information and render aid under Section 11-403 of the Illinois
14Vehicle Code, concealment of homicidal death, treason, arson,
15aggravated arson, forgery, child pornography under paragraph
16(1) of subsection (a) of Section 11-20.1, aggravated child
17pornography under paragraph (1) of subsection (a) of Section
1811-20.3, or (2) any offense involving sexual conduct or sexual
19penetration, as defined by Section 12-12 of this Code in which
20the DNA profile of the offender is obtained and entered into a
21DNA database within 10 years after the commission of the
22offense, or (3) any offense: (A) under Article 11 of the
23Criminal Code of 1961 or (B) criminal sexual assault,

 

 

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1aggravated criminal sexual assault, predatory criminal sexual
2assault of a child, aggravated criminal sexual abuse, or
3criminal sexual abuse when the victim of any of the offenses
4listed in clause (A) or (B) of this paragraph (3) was under 18
5years of age at the time of the offense, may be commenced at
6any time. Clause (2) of this subsection (a) applies if either:
7(i) the victim reported the offense to law enforcement
8authorities within 3 years after the commission of the offense
9unless a longer period for reporting the offense to law
10enforcement authorities is provided in Section 3-6 or (ii) the
11victim is murdered during the course of the offense or within 2
12years after the commission of the offense.
13    (b) Unless the statute describing the offense provides
14otherwise, or the period of limitation is extended by Section
153-6, a prosecution for any offense not designated in Subsection
16(a) must be commenced within 3 years after the commission of
17the offense if it is a felony, or within one year and 6 months
18after its commission if it is a misdemeanor.
19(Source: P.A. 95-899, eff. 1-1-09; 96-292, eff. 1-1-10.)
 
20    (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
21    Sec. 3-6. Extended limitations. The period within which a
22prosecution must be commenced under the provisions of Section
233-5 or other applicable statute is extended under the following
24conditions:
25    (a) A prosecution for theft involving a breach of a

 

 

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1fiduciary obligation to the aggrieved person may be commenced
2as follows:
3        (1) If the aggrieved person is a minor or a person
4    under legal disability, then during the minority or legal
5    disability or within one year after the termination
6    thereof.
7        (2) In any other instance, within one year after the
8    discovery of the offense by an aggrieved person, or by a
9    person who has legal capacity to represent an aggrieved
10    person or has a legal duty to report the offense, and is
11    not himself or herself a party to the offense; or in the
12    absence of such discovery, within one year after the proper
13    prosecuting officer becomes aware of the offense. However,
14    in no such case is the period of limitation so extended
15    more than 3 years beyond the expiration of the period
16    otherwise applicable.
17    (b) A prosecution for any offense based upon misconduct in
18office by a public officer or employee may be commenced within
19one year after discovery of the offense by a person having a
20legal duty to report such offense, or in the absence of such
21discovery, within one year after the proper prosecuting officer
22becomes aware of the offense. However, in no such case is the
23period of limitation so extended more than 3 years beyond the
24expiration of the period otherwise applicable.
25    (c) (Blank).
26    (d) (Blank) A prosecution for child pornography, indecent

 

 

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

 

 

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116G-15 or 16G-20 of this Code may be commenced within 5 years
2after the discovery of the offense by the victim of that
3offense.
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    (j) When the victim is under 18 years of age at the time of
16the offense, a prosecution for criminal sexual assault,
17aggravated criminal sexual assault, predatory criminal sexual
18assault of a child, aggravated criminal sexual abuse, or felony
19criminal sexual abuse, or a prosecution for failure of a person
20who is required to report an alleged or suspected commission of
21criminal sexual assault, aggravated criminal sexual assault,
22predatory criminal sexual assault of a child, aggravated
23criminal sexual abuse, or felony criminal sexual abuse any of
24these offenses under the Abused and Neglected Child Reporting
25Act may be commenced within 20 years after the child victim
26attains 18 years of age. When the victim is under 18 years of

 

 

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1age at the time of the offense, a prosecution for misdemeanor
2criminal sexual abuse may be commenced within 10 years after
3the child victim attains 18 years of age.
4    Nothing in this subdivision (j) shall be construed to
5shorten a period within which a prosecution must be commenced
6under any other provision of this Section.
7    (k) A prosecution for theft involving real property
8exceeding $100,000 in value under Section 16-1, identity theft
9under Section 16G-15, aggravated identity theft under Section
1016G-20, or any offense set forth in Article 16H may be
11commenced within 7 years of the last act committed in
12furtherance of the crime.
13(Source: P.A. 95-548, eff. 8-30-07; 96-233, eff. 1-1-10.)