Full Text of HB2135 101st General Assembly
HB2135enr 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by changing | 5 | | Sections 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 | 9 | | commit first
degree
murder, second degree murder,
involuntary | 10 | | manslaughter, reckless homicide, a violation of subparagraph | 11 | | (F) of paragraph (1) of subsection (d) of Section 11-501 of the | 12 | | Illinois Vehicle Code for the offense of aggravated driving | 13 | | under the influence of alcohol, other drug or drugs, or | 14 | | intoxicating compound or compounds, or any combination thereof | 15 | | when the violation was a proximate cause of a death, leaving | 16 | | the scene of a motor vehicle accident involving death or | 17 | | personal injuries under Section 11-401 of the Illinois Vehicle | 18 | | Code, failing to give information and render aid under Section | 19 | | 11-403 of the Illinois Vehicle Code, concealment of homicidal
| 20 | | death, treason, arson, residential arson, aggravated arson, | 21 | | forgery, child pornography under paragraph (1) of subsection | 22 | | (a) of Section 11-20.1, or aggravated child pornography under | 23 | | paragraph (1) of subsection (a) of Section 11-20.1B, or (2) any |
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| 1 | | offense
involving sexual conduct or sexual penetration, as | 2 | | defined by
Section 11-0.1 of this Code in which the DNA profile | 3 | | of the offender is
obtained and entered into a DNA database | 4 | | within 10 years after the commission
of the offense, may be | 5 | | commenced at any
time.
Clause (2) of this subsection (a) | 6 | | applies if either: (i) the victim reported the
offense to law | 7 | | enforcement authorities within 3 years after the commission
of | 8 | | the offense unless a longer period for reporting the offense to | 9 | | law
enforcement authorities
is provided in Section 3-6 or (ii) | 10 | | the victim is murdered during the course of the offense or | 11 | | within 2 years after the commission of the offense.
| 12 | | (a-5) A prosecution for theft of property exceeding | 13 | | $100,000 in value under Section 16-1, identity theft under | 14 | | subsection (a) of Section 16-30, aggravated identity theft | 15 | | under subsection (b) of Section 16-30, financial exploitation | 16 | | of an elderly person or a person with a disability under | 17 | | Section 17-56; or any offense set forth in Article 16H or | 18 | | Section 17-10.6 may be commenced within 7 years of the last act | 19 | | committed in furtherance of the crime. | 20 | | (b) Unless the statute describing the offense provides | 21 | | otherwise, or the
period of limitation is extended by Section | 22 | | 3-6, a prosecution for any
offense not designated in subsection | 23 | | (a) or (a-5) must be commenced within 3 years
after the | 24 | | commission of the offense if it is a felony, or within one year
| 25 | | and 6 months after its commission if it is a misdemeanor.
| 26 | | (Source: P.A. 99-820, eff. 8-15-16; 100-149, eff. 1-1-18; |
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| 1 | | 100-863, eff. 8-14-18.)
| 2 | | (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
| 3 | | Sec. 3-6. Extended limitations. The period within which a | 4 | | prosecution
must be commenced under the provisions of Section | 5 | | 3-5 or other applicable
statute is extended under the following | 6 | | conditions:
| 7 | | (a) A prosecution for theft involving a breach of a | 8 | | fiduciary obligation
to the aggrieved person may be commenced | 9 | | as follows:
| 10 | | (1) If the aggrieved person is a minor or a person | 11 | | under legal disability,
then during the minority or legal | 12 | | disability or within one year after the
termination | 13 | | thereof.
| 14 | | (2) In any other instance, within one year after the | 15 | | discovery of the
offense by an aggrieved person, or by a | 16 | | person who has legal capacity to
represent an aggrieved | 17 | | person or has a legal duty to report the offense,
and is | 18 | | not himself or herself a party to the offense; or in the | 19 | | absence of such
discovery, within one year after the proper | 20 | | prosecuting officer becomes
aware of the offense. However, | 21 | | in no such case is the period of limitation
so extended | 22 | | more than 3 years beyond the expiration of the period | 23 | | otherwise
applicable.
| 24 | | (b) A prosecution for any offense based upon misconduct in | 25 | | office by a
public officer or employee may be commenced within |
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| 1 | | one year after discovery
of the offense by a person having a | 2 | | legal duty to report such offense, or
in the absence of such | 3 | | discovery, within one year after the proper
prosecuting officer | 4 | | becomes aware of the offense. However, in no such case
is the | 5 | | period of limitation so extended more than 3 years beyond the
| 6 | | expiration of the period otherwise applicable.
| 7 | | (b-5) When the victim is under 18 years of age at the time | 8 | | of the offense, a prosecution for involuntary servitude, | 9 | | involuntary sexual servitude of a minor, or trafficking in | 10 | | persons and related offenses under Section 10-9 of this Code | 11 | | may be commenced within 25 years of the victim attaining the | 12 | | age of 18 years. | 13 | | (c) (Blank).
| 14 | | (d) A prosecution for child pornography, aggravated child | 15 | | pornography, indecent
solicitation of a
child, soliciting for a | 16 | | juvenile prostitute, juvenile pimping,
exploitation of a | 17 | | child, or promoting juvenile prostitution except for keeping a | 18 | | place of juvenile prostitution may be commenced within one year | 19 | | of the victim
attaining the age of 18 years. However, in no | 20 | | such case shall the time
period for prosecution expire sooner | 21 | | than 3 years after the commission of
the offense.
| 22 | | (e) Except as otherwise provided in subdivision (j), a | 23 | | prosecution for
any offense involving sexual conduct or sexual
| 24 | | penetration, as defined in Section 11-0.1 of this Code, where | 25 | | the defendant
was within a professional or fiduciary | 26 | | relationship or a purported
professional or fiduciary |
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| 1 | | relationship with the victim at the
time of the commission of | 2 | | the offense may be commenced within one year
after the | 3 | | discovery of the offense by the victim.
| 4 | | (f) A prosecution for any offense set forth in Section 44
| 5 | | of the Environmental Protection Act
may be commenced within 5 | 6 | | years after the discovery of such
an offense by a person or | 7 | | agency having the legal duty to report the
offense or in the | 8 | | absence of such discovery, within 5 years
after the proper | 9 | | prosecuting officer becomes aware of the offense.
| 10 | | (f-5) A prosecution for any offense set forth in Section | 11 | | 16-30 of this Code may be commenced within 5 years after the | 12 | | discovery of the offense by the victim of that offense.
| 13 | | (g) (Blank).
| 14 | | (h) (Blank).
| 15 | | (i) Except as otherwise provided in subdivision (j), a | 16 | | prosecution for
criminal sexual assault, aggravated criminal
| 17 | | sexual assault, or aggravated criminal sexual abuse may be | 18 | | commenced at any time within 10
years of the commission of the | 19 | | offense if the victim reported the offense to
law enforcement | 20 | | authorities within 3 years after the commission of the offense . | 21 | | If the victim consented to the collection of evidence using an | 22 | | Illinois State Police Sexual Assault Evidence Collection Kit | 23 | | under the Sexual Assault Survivors Emergency Treatment Act, it | 24 | | shall constitute reporting for purposes of this Section.
| 25 | | Nothing in this subdivision (i) shall be construed to
| 26 | | shorten a period within which a prosecution must be commenced |
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| 1 | | under any other
provision of this Section.
| 2 | | (i-5) A prosecution for armed robbery, home invasion, | 3 | | kidnapping, or aggravated kidnaping may be commenced within 10 | 4 | | years of the commission of the offense if it arises out of the | 5 | | same course of conduct and meets the criteria under one of the | 6 | | offenses in subsection (i) of this Section. | 7 | | (j) (1) When the victim is under 18 years of age at the | 8 | | time of the offense, a
prosecution
for criminal sexual assault, | 9 | | aggravated criminal sexual assault, predatory
criminal sexual | 10 | | assault of a child, aggravated criminal sexual abuse, or felony | 11 | | criminal sexual abuse may be commenced at any time. | 12 | | (2) When the victim is under 18 years of age at the time of | 13 | | the offense, a prosecution for failure of a person who is | 14 | | required to report an alleged
or suspected commission of | 15 | | criminal sexual assault, aggravated criminal sexual assault, | 16 | | predatory criminal sexual assault of a child, aggravated | 17 | | criminal sexual abuse, or felony criminal sexual abuse under | 18 | | the Abused and Neglected
Child Reporting Act may be
commenced | 19 | | within 20 years after the child victim attains 18
years of age. | 20 | | (3) When the victim is under 18 years of age at the time of | 21 | | the offense, a
prosecution
for misdemeanor criminal sexual | 22 | | abuse may be
commenced within 10 years after the child victim | 23 | | attains 18
years of age.
| 24 | | (4) Nothing in this subdivision (j) shall be construed to
| 25 | | shorten a period within which a prosecution must be commenced | 26 | | under any other
provision of this Section.
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| 1 | | (j-5) A prosecution for armed robbery, home invasion, | 2 | | kidnapping, or aggravated kidnaping may be commenced at any | 3 | | time if it arises out of the same course of conduct and meets | 4 | | the criteria under one of the offenses in subsection (j) of | 5 | | this Section. | 6 | | (k) (Blank).
| 7 | | (l) A prosecution for any offense set forth in Section 26-4 | 8 | | of this Code may be commenced within one year after the | 9 | | discovery of the offense by the victim of that offense. | 10 | | (l-5) A prosecution for any offense involving sexual | 11 | | conduct or sexual penetration, as defined in Section 11-0.1 of | 12 | | this Code, in which the victim was 18 years of age or older at | 13 | | the time of the offense, may be commenced within one year after | 14 | | the discovery of the offense by the victim when corroborating | 15 | | physical evidence is available. The charging document shall | 16 | | state that the statute of limitations is extended under this | 17 | | subsection (l-5) and shall state the circumstances justifying | 18 | | the extension.
Nothing in this subsection (l-5) shall be | 19 | | construed to shorten a period within which a prosecution must | 20 | | be commenced under any other provision of this Section or | 21 | | Section 3-5 of this Code. | 22 | | (m) The prosecution shall not be required to prove at trial | 23 | | facts which extend the general limitations in Section 3-5 of | 24 | | this Code when the facts supporting extension of the period of | 25 | | general limitations are properly pled in the charging document. | 26 | | Any challenge relating to the extension of the general |
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| 1 | | limitations period as defined in this Section shall be | 2 | | exclusively conducted under Section 114-1 of the Code of | 3 | | Criminal Procedure of 1963. | 4 | | (n) A prosecution for any offense set forth in subsection | 5 | | (a), (b), or (c) of Section 8A-3 or Section 8A-13 of the | 6 | | Illinois Public Aid Code, in which the total amount of money | 7 | | involved is $5,000 or more, including the monetary value of | 8 | | food stamps and the value of commodities under Section 16-1 of | 9 | | this Code may be commenced within 5 years of the last act | 10 | | committed in furtherance of the offense. | 11 | | (Source: P.A. 99-234, eff. 8-3-15; 99-820, eff. 8-15-16; | 12 | | 100-80, eff. 8-11-17; 100-318, eff. 8-24-17; 100-434, eff. | 13 | | 1-1-18; 100-863, eff. 8-14-18; 100-998, eff. 1-1-19; 100-1010, | 14 | | eff. 1-1-19; 100-1087, eff. 1-1-19; revised 10-9-18.)
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