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Full Text of HB1127  99th General Assembly

HB1127eng 99TH GENERAL ASSEMBLY

  
  
  

 


 
HB1127 EngrossedLRB099 04973 RLC 25002 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 2012 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 may be commenced at any time for:
9         (1) first degree murder, attempt to commit first
10    degree murder, second degree murder, involuntary
11    manslaughter, reckless homicide, leaving the scene of a
12    motor vehicle accident involving death or personal
13    injuries under Section 11-401 of the Illinois Vehicle Code,
14    failing to give information and render aid under Section
15    11-403 of the Illinois Vehicle Code, concealment of
16    homicidal death, treason, arson, residential arson,
17    aggravated arson, forgery, child pornography under
18    paragraph (1) of subsection (a) of Section 11-20.1,
19    aggravated child pornography under paragraph (1) of
20    subsection (a) of Section 11-20.1B; , or
21        (1.5) any of the following offenses under this Code,
22    when the victim is under 18 years of age at the time of the
23    offense:

 

 

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1            (i) criminal sexual assault under Section 11-1.20;
2            (ii) aggravated criminal sexual assault under
3        Section 11-1.30;
4            (iii) predatory criminal sexual assault of a child
5        under Section 11-1.40;
6            (iv) criminal sexual abuse under subsection (a) of
7        Section 11-1.50; or
8            (v) aggravated criminal sexual abuse under Section
9        11-1.60; or
10        (2) any offense involving sexual conduct or sexual
11    penetration, as defined by Section 11-0.1 of this Code in
12    which the DNA profile of the offender is obtained and
13    entered into a DNA database within 10 years after the
14    commission of the offense, and , may be commenced at any
15    time. Clause (2) of this subsection (a) applies if either:
16    (i) the victim reported the offense to law enforcement
17    authorities within 3 years after the commission of the
18    offense unless a longer period for reporting the offense to
19    law enforcement authorities is provided in Section 3-6 or
20    (ii) the victim is murdered during the course of the
21    offense or within 2 years after the commission of the
22    offense.
23    (b) Unless the statute describing the offense provides
24otherwise, or the period of limitation is extended by Section
253-6, a prosecution for any offense not designated in Subsection
26(a) must be commenced within 3 years after the commission of

 

 

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1the offense if it is a felony, or within one year and 6 months
2after its commission if it is a misdemeanor.
3(Source: P.A. 98-265, eff. 1-1-14.)
 
4    (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
5    Sec. 3-6. Extended limitations. The period within which a
6prosecution must be commenced under the provisions of Section
73-5 or other applicable statute is extended under the following
8conditions:
9    (a) A prosecution for theft involving a breach of a
10fiduciary obligation to the aggrieved person may be commenced
11as follows:
12        (1) If the aggrieved person is a minor or a person
13    under legal disability, then during the minority or legal
14    disability or within one year after the termination
15    thereof.
16        (2) In any other instance, within one year after the
17    discovery of the offense by an aggrieved person, or by a
18    person who has legal capacity to represent an aggrieved
19    person or has a legal duty to report the offense, and is
20    not himself or herself a party to the offense; or in the
21    absence of such discovery, within one year after the proper
22    prosecuting officer becomes aware of the offense. However,
23    in no such case is the period of limitation so extended
24    more than 3 years beyond the expiration of the period
25    otherwise applicable.

 

 

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1    (b) A prosecution for any offense based upon misconduct in
2office by a public officer or employee may be commenced within
3one year after discovery of the offense by a person having a
4legal duty to report such offense, or in the absence of such
5discovery, within one year after the proper prosecuting officer
6becomes aware of the offense. However, in no such case is the
7period of limitation so extended more than 3 years beyond the
8expiration of the period otherwise applicable.
9    (b-5) When the victim is under 18 years of age at the time
10of the offense, a prosecution for involuntary servitude,
11involuntary sexual servitude of a minor, or trafficking in
12persons and related offenses under Section 10-9 of this Code
13may be commenced within one year of the victim attaining the
14age of 18 years. However, in no such case shall the time period
15for prosecution expire sooner than 3 years after the commission
16of the offense.
17    (c) (Blank).
18    (d) A prosecution for child pornography, aggravated child
19pornography, indecent solicitation of a child, soliciting for a
20juvenile prostitute, juvenile pimping, exploitation of a
21child, or promoting juvenile prostitution except for keeping a
22place of juvenile prostitution may be commenced within one year
23of the victim attaining the age of 18 years. However, in no
24such case shall the time period for prosecution expire sooner
25than 3 years after the commission of the offense. When the
26victim is under 18 years of age, a prosecution for criminal

 

 

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1sexual abuse may be commenced within one year of the victim
2attaining the age of 18 years. However, in no such case shall
3the time period for prosecution expire sooner than 3 years
4after the commission of the offense.
5    (e) Except as otherwise provided in subdivision (j), a
6prosecution for any offense involving sexual conduct or sexual
7penetration, as defined in Section 11-0.1 of this Code, where
8the defendant was within a professional or fiduciary
9relationship or a purported professional or fiduciary
10relationship with the victim at the time of the commission of
11the offense may be commenced within one year after the
12discovery of the offense by the victim.
13    (f) A prosecution for any offense set forth in Section 44
14of the "Environmental Protection Act", approved June 29, 1970,
15as amended, may be commenced within 5 years after the discovery
16of such an offense by a person or agency having the legal duty
17to report the offense or in the absence of such discovery,
18within 5 years after the proper prosecuting officer becomes
19aware of the offense.
20    (f-5) A prosecution for any offense set forth in Section
2116-30 of this Code may be commenced within 5 years after the
22discovery of the offense by the victim of that offense.
23    (g) (Blank).
24    (h) (Blank).
25    (i) Except as otherwise provided in subdivision (j), a
26prosecution for criminal sexual assault, aggravated criminal

 

 

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

 

 

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1abuse, or felony criminal sexual abuse, or a prosecution for
2failure of a person who is required to report an alleged or
3suspected commission of any of the these offenses described in
4clause (1.5) of subsection (a) of Section 3-5 of this Code
5under the Abused and Neglected Child Reporting Act may be
6commenced within 20 years after the child victim attains 18
7years of age.
8    (3) When the victim is under 18 years of age at the time of
9the offense, a prosecution for misdemeanor criminal sexual
10abuse may be commenced within 10 years after the child victim
11attains 18 years of age.
12    (4) Nothing in this subdivision (j) shall be construed to
13shorten a period within which a prosecution must be commenced
14under any other provision of this Section.
15    (j-5) A prosecution for armed robbery, home invasion,
16kidnapping, or aggravated kidnaping may be commenced at any
17time if it arises out of the same course of conduct and meets
18the criteria under one of the offenses in subsection (j) of
19this Section.
20    (k) A prosecution for theft involving real property
21exceeding $100,000 in value under Section 16-1, identity theft
22under subsection (a) of Section 16-30, aggravated identity
23theft under subsection (b) of Section 16-30, or any offense set
24forth in Article 16H or Section 17-10.6 may be commenced within
257 years of the last act committed in furtherance of the crime.
26    (l) A prosecution for any offense set forth in Section 26-4

 

 

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1of this Code may be commenced within one year after the
2discovery of the offense by the victim of that offense.
3(Source: P.A. 98-293, eff. 1-1-14; 98-379, eff. 1-1-14; 98-756,
4eff. 7-16-14; 99-234, eff. 8-3-15.)