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Full Text of HB1128  99th General Assembly

HB1128eng 99TH GENERAL ASSEMBLY

  
  
  

 


 
HB1128 EngrossedLRB099 04972 RLC 25001 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) involuntary servitude under subsection (b) of
2        Section 10-9;
3            (ii) involuntary sexual servitude of a minor under
4        subsection (c) of Section 10-9;
5            (iii) trafficking in persons under subsection (d)
6        of Section 10-9;
7            (iv) indecent solicitation of a child under
8        Section 11-6;
9            (v) indecent solicitation of an adult under
10        Section 11-6.5;
11            (vi) sexual exploitation of a child under Section
12        11-9.1;
13            (vii) permitting sexual abuse of a child under
14        Section 11-9.1A;
15            (viii) failure to report sexual abuse of a child
16        under Section 11-9.1B;
17            (ix) custodial sexual misconduct under Section
18        11-9.2;
19            (x) sexual misconduct with a person with a
20        disability under Section 11-9.5;
21            (xi) sexual relations within families under
22        Section 11-11;
23            (xii) solicitation of a sexual act under Section
24        11-14.1;
25            (xiii) promoting prostitution under Section
26        11-14.3;

 

 

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1            (xiv) promoting juvenile prostitution under
2        Section 11-14.4;
3            (xv) patronizing a prostitute under Section 11-18;
4        or
5            (xvi) patronizing a minor engaged in prostitution
6        under Section 11-18.1; or
7        (2) any offense involving sexual conduct or sexual
8    penetration, as defined by Section 11-0.1 of this Code in
9    which the DNA profile of the offender is obtained and
10    entered into a DNA database within 10 years after the
11    commission of the offense and ,may be commenced at any
12    time. Clause (2) of this subsection (a) applies if either:
13    (i) the victim reported the offense to law enforcement
14    authorities within 3 years after the commission of the
15    offense unless a longer period for reporting the offense to
16    law enforcement authorities is provided in Section 3-6 or
17    (ii) the victim is murdered during the course of the
18    offense or within 2 years after the commission of the
19    offense.
20    (b) Unless the statute describing the offense provides
21otherwise, or the period of limitation is extended by Section
223-6, a prosecution for any offense not designated in Subsection
23(a) must be commenced within 3 years after the commission of
24the offense if it is a felony, or within one year and 6 months
25after its commission if it is a misdemeanor.
26(Source: P.A. 98-265, eff. 1-1-14.)
 

 

 

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1    (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
2    Sec. 3-6. Extended limitations. The period within which a
3prosecution must be commenced under the provisions of Section
43-5 or other applicable statute is extended under the following
5conditions:
6    (a) A prosecution for theft involving a breach of a
7fiduciary obligation to the aggrieved person may be commenced
8as follows:
9        (1) If the aggrieved person is a minor or a person
10    under legal disability, then during the minority or legal
11    disability or within one year after the termination
12    thereof.
13        (2) In any other instance, within one year after the
14    discovery of the offense by an aggrieved person, or by a
15    person who has legal capacity to represent an aggrieved
16    person or has a legal duty to report the offense, and is
17    not himself or herself a party to the offense; or in the
18    absence of such discovery, within one year after the proper
19    prosecuting officer becomes aware of the offense. However,
20    in no such case is the period of limitation so extended
21    more than 3 years beyond the expiration of the period
22    otherwise applicable.
23    (b) A prosecution for any offense based upon misconduct in
24office by a public officer or employee may be commenced within
25one year after discovery of the offense by a person having a

 

 

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

 

 

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1sooner than 3 years after the commission of the offense.
2    (e) Except as otherwise provided in subdivision (j), a
3prosecution for any offense involving sexual conduct or sexual
4penetration, as defined in Section 11-0.1 of this Code, where
5the defendant was within a professional or fiduciary
6relationship or a purported professional or fiduciary
7relationship with the victim at the time of the commission of
8the offense may be commenced within one year after the
9discovery of the offense by the victim.
10    (f) A prosecution for any offense set forth in Section 44
11of the "Environmental Protection Act", approved June 29, 1970,
12as amended, may be commenced within 5 years after the discovery
13of such an offense by a person or agency having the legal duty
14to report the offense or in the absence of such discovery,
15within 5 years after the proper prosecuting officer becomes
16aware of the offense.
17    (f-5) A prosecution for any offense set forth in Section
1816-30 of this Code may be commenced within 5 years after the
19discovery of the offense by the victim of that offense.
20    (g) (Blank).
21    (h) (Blank).
22    (i) Except as otherwise provided in subdivision (j), a
23prosecution for criminal sexual assault, aggravated criminal
24sexual assault, or aggravated criminal sexual abuse may be
25commenced within 10 years of the commission of the offense if
26the victim reported the offense to law enforcement authorities

 

 

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

 

 

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1and Neglected Child Reporting Act may be commenced within 20
2years after the child victim attains 18 years of age.
3    (3) When the victim is under 18 years of age at the time of
4the offense, a prosecution for misdemeanor criminal sexual
5abuse may be commenced within 10 years after the child victim
6attains 18 years of age.
7    (4) Nothing in this subdivision (j) shall be construed to
8shorten a period within which a prosecution must be commenced
9under any other provision of this Section.
10    (j-5) A prosecution for armed robbery, home invasion,
11kidnapping, or aggravated kidnaping may be commenced at any
12time if it arises out of the same course of conduct and meets
13the criteria under one of the offenses in subsection (j) of
14this Section.
15    (k) A prosecution for theft involving real property
16exceeding $100,000 in value under Section 16-1, identity theft
17under subsection (a) of Section 16-30, aggravated identity
18theft under subsection (b) of Section 16-30, or any offense set
19forth in Article 16H or Section 17-10.6 may be commenced within
207 years of the last act committed in furtherance of the crime.
21    (l) A prosecution for any offense set forth in Section 26-4
22of this Code may be commenced within one year after the
23discovery of the offense by the victim of that offense.
24(Source: P.A. 98-293, eff. 1-1-14; 98-379, eff. 1-1-14; 98-756,
25eff. 7-16-14; 99-234, eff. 8-3-15.)