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Public Act 100-0434


 

Public Act 0434 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0434
 
SB1422 EnrolledLRB100 09590 RLC 19758 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 2012 is amended by changing
Sections 3-6 and 3-7 as follows:
 
    (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
    Sec. 3-6. Extended limitations. The period within which a
prosecution must be commenced under the provisions of Section
3-5 or other applicable statute is extended under the following
conditions:
    (a) A prosecution for theft involving a breach of a
fiduciary obligation to the aggrieved person may be commenced
as follows:
        (1) If the aggrieved person is a minor or a person
    under legal disability, then during the minority or legal
    disability or within one year after the termination
    thereof.
        (2) In any other instance, within one year after the
    discovery of the offense by an aggrieved person, or by a
    person who has legal capacity to represent an aggrieved
    person or has a legal duty to report the offense, and is
    not himself or herself a party to the offense; or in the
    absence of such discovery, within one year after the proper
    prosecuting officer becomes aware of the offense. However,
    in no such case is the period of limitation so extended
    more than 3 years beyond the expiration of the period
    otherwise applicable.
    (b) A prosecution for any offense based upon misconduct in
office by a public officer or employee may be commenced within
one year after discovery of the offense by a person having a
legal duty to report such offense, or in the absence of such
discovery, within one year after the proper prosecuting officer
becomes aware of the offense. However, in no such case is the
period of limitation so extended more than 3 years beyond the
expiration of the period otherwise applicable.
    (b-5) When the victim is under 18 years of age at the time
of the offense, a prosecution for involuntary servitude,
involuntary sexual servitude of a minor, or trafficking in
persons and related offenses under Section 10-9 of this Code
may be commenced within one year of the victim attaining the
age of 18 years. However, in no such case shall the time period
for prosecution expire sooner than 3 years after the commission
of the offense.
    (c) (Blank).
    (d) A prosecution for child pornography, aggravated child
pornography, indecent solicitation of a child, soliciting for a
juvenile prostitute, juvenile pimping, exploitation of a
child, or promoting juvenile prostitution except for keeping a
place of juvenile prostitution may be commenced within one year
of the victim attaining the age of 18 years. However, in no
such case shall the time period for prosecution expire sooner
than 3 years after the commission of the offense. When the
victim is under 18 years of age, a prosecution for criminal
sexual abuse may be commenced within one year of the victim
attaining the age of 18 years. However, in no such case shall
the time period for prosecution expire sooner than 3 years
after the commission of the offense.
    (e) Except as otherwise provided in subdivision (j), a
prosecution for any offense involving sexual conduct or sexual
penetration, as defined in Section 11-0.1 of this Code, where
the defendant was within a professional or fiduciary
relationship or a purported professional or fiduciary
relationship with the victim at the time of the commission of
the offense may be commenced within one year after the
discovery of the offense by the victim.
    (f) A prosecution for any offense set forth in Section 44
of the "Environmental Protection Act", approved June 29, 1970,
as amended, may be commenced within 5 years after the discovery
of such an offense by a person or agency having the legal duty
to report the offense or in the absence of such discovery,
within 5 years after the proper prosecuting officer becomes
aware of the offense.
    (f-5) A prosecution for any offense set forth in Section
16-30 of this Code may be commenced within 5 years after the
discovery of the offense by the victim of that offense.
    (g) (Blank).
    (h) (Blank).
    (i) Except as otherwise provided in subdivision (j), a
prosecution for criminal sexual assault, aggravated criminal
sexual assault, or aggravated criminal sexual abuse may be
commenced within 10 years of the commission of the offense if
the victim reported the offense to law enforcement authorities
within 3 years after the commission of the offense.
    Nothing in this subdivision (i) shall be construed to
shorten a period within which a prosecution must be commenced
under any other provision of this Section.
    (i-5) A prosecution for armed robbery, home invasion,
kidnapping, or aggravated kidnaping may be commenced within 10
years of the commission of the offense if it arises out of the
same course of conduct and meets the criteria under one of the
offenses in subsection (i) of this Section.
    (j) (1) When the victim is under 18 years of age at the
time of the offense, a prosecution for criminal sexual assault,
aggravated criminal sexual assault, predatory criminal sexual
assault of a child, aggravated criminal sexual abuse, or felony
criminal sexual abuse may be commenced at any time when
corroborating physical evidence is available or an individual
who is required to report an alleged or suspected commission of
any of these offenses under the Abused and Neglected Child
Reporting Act fails to do so.
    (2) In circumstances other than as described in paragraph
(1) of this subsection (j), when the victim is under 18 years
of age at the time of the offense, a prosecution for criminal
sexual assault, aggravated criminal sexual assault, predatory
criminal sexual assault of a child, aggravated criminal sexual
abuse, or felony criminal sexual abuse, or a prosecution for
failure of a person who is required to report an alleged or
suspected commission of any of these offenses under the Abused
and Neglected Child Reporting Act may be commenced within 20
years after the child victim attains 18 years of age.
    (3) When the victim is under 18 years of age at the time of
the offense, a prosecution for misdemeanor criminal sexual
abuse may be commenced within 10 years after the child victim
attains 18 years of age.
    (4) Nothing in this subdivision (j) shall be construed to
shorten a period within which a prosecution must be commenced
under any other provision of this Section.
    (j-5) A prosecution for armed robbery, home invasion,
kidnapping, or aggravated kidnaping may be commenced at any
time if it arises out of the same course of conduct and meets
the criteria under one of the offenses in subsection (j) of
this Section.
    (k) (Blank).
    (l) A prosecution for any offense set forth in Section 26-4
of this Code may be commenced within one year after the
discovery of the offense by the victim of that offense.
    (m) The prosecution shall not be required to prove at trial
facts which extend the general limitations in Section 3-5 of
this Code when the facts supporting extension of the period of
general limitations are properly pled in the charging document.
Any challenge relating to the extension of the general
limitations period as defined in this Section shall be
exclusively conducted under Section 114-1 of the Code of
Criminal Procedure of 1963.
(Source: P.A. 98-293, eff. 1-1-14; 98-379, eff. 1-1-14; 98-756,
eff. 7-16-14; 99-234, eff. 8-3-15; 99-820, eff. 8-15-16.)
 
    (720 ILCS 5/3-7)  (from Ch. 38, par. 3-7)
    Sec. 3-7. Periods excluded from limitation.
    (a) The period within which a prosecution must be commenced
does not include any period in which:
        (1) the defendant is not usually and publicly resident
    within this State; or
        (2) the defendant is a public officer and the offense
    charged is theft of public funds while in public office; or
        (3) a prosecution is pending against the defendant for
    the same conduct, even if the indictment or information
    which commences the prosecution is quashed or the
    proceedings thereon are set aside, or are reversed on
    appeal; or
        (4) a proceeding or an appeal from a proceeding
    relating to the quashing or enforcement of a Grand Jury
    subpoena issued in connection with an investigation of a
    violation of a criminal law of this State is pending.
    However, the period within which a prosecution must be
    commenced includes any period in which the State brings a
    proceeding or an appeal from a proceeding specified in this
    paragraph (4); or
        (5) a material witness is placed on active military
    duty or leave. In this paragraph (5), "material witness"
    includes, but is not limited to, the arresting officer,
    occurrence witness, or the alleged victim of the offense;
    or
        (6) the victim of unlawful force or threat of imminent
    bodily harm to obtain information or a confession is
    incarcerated, and the victim's incarceration, in whole or
    in part, is a consequence of the unlawful force or threats;
    or
        (7) the sexual assault evidence is collected and
    submitted to the Department of State Police until the
    completion of the analysis of the submitted evidence.
    (a-5) The prosecution shall not be required to prove at
trial facts establishing periods excluded from the general
limitations in Section 3-5 of this Code when the facts
supporting periods being excluded from the general limitations
are properly pled in the charging document. Any challenge
relating to periods of exclusion as defined in this Section
shall be exclusively conducted under Section 114-1 of the Code
of Criminal Procedure of 1963.
    (b) For the purposes of this Section:
        "Completion of the analysis of the submitted evidence"
    means analysis of the collected evidence and conducting of
    laboratory tests and the comparison of the collected
    evidence with the genetic marker grouping analysis
    information maintained by the Department of State Police
    under Section 5-4-3 of the Unified Code of Corrections and
    with the information contained in the Federal Bureau of
    Investigation's National DNA database.
        "Sexual assault" has the meaning ascribed to it in
    Section 1a of the Sexual Assault Survivors Emergency
    Treatment Act.
        "Sexual assault evidence" has the meaning ascribed to
    it in Section 5 of the Sexual Assault Evidence Submission
    Act.
(Source: P.A. 99-252, eff. 1-1-16.)
 
    Section 10. The Code of Criminal Procedure of 1963 is
amended by changing Section 114-1 as follows:
 
    (725 ILCS 5/114-1)  (from Ch. 38, par. 114-1)
    Sec. 114-1. Motion to dismiss charge.
    (a) Upon the written motion of the defendant made prior to
trial before or after a plea has been entered the court may
dismiss the indictment, information or complaint upon any of
the following grounds:
        (1) The defendant has not been placed on trial in
    compliance with Section 103-5 of this Code.
        (2) The prosecution of the offense is barred by
    Sections 3-3 through 3-8 of the Criminal Code of 2012.
        (3) The defendant has received immunity from
    prosecution for the offense charged.
        (4) The indictment was returned by a Grand Jury which
    was improperly selected and which results in substantial
    injustice to the defendant.
        (5) The indictment was returned by a Grand Jury which
    acted contrary to Article 112 of this Code and which
    results in substantial injustice to the defendant.
        (6) The court in which the charge has been filed does
    not have jurisdiction.
        (7) The county is an improper place of trial.
        (8) The charge does not state an offense.
        (9) The indictment is based solely upon the testimony
    of an incompetent witness.
        (10) The defendant is misnamed in the charge and the
    misnomer results in substantial injustice to the
    defendant.
        (11) The requirements of Section 109-3.1 have not been
    complied with.
    (b) The court shall require any motion to dismiss to be
filed within a reasonable time after the defendant has been
arraigned. Any motion not filed within such time or an
extension thereof shall not be considered by the court and the
grounds therefor, except as to subsections (a)(6) and (a)(8) of
this Section, are waived.
    (c) If the motion presents only an issue of law the court
shall determine it without the necessity of further pleadings.
If the motion alleges facts not of record in the case the State
shall file an answer admitting or denying each of the factual
allegations of the motion.
    (d) When an issue of fact is presented by a motion to
dismiss and the answer of the State the court shall conduct a
hearing and determine the issues.
    (d-5) When a defendant seeks dismissal of the charge upon
the ground set forth in subsection (a)(7) of this Section, the
defendant shall make a prima facie showing that the county is
an improper place of trial. Upon such showing, the State shall
have the burden of proving, by a preponderance of the evidence,
that the county is the proper place of trial.
    (d-6) When a defendant seeks dismissal of the charge upon
the grounds set forth in subsection (a)(2) of this Section, the
prosecution shall have the burden of proving, by a
preponderance of the evidence, that the prosecution of the
offense is not barred by Sections 3-3 through 3-8 of the
Criminal Code of 2012.
    (e) Dismissal of the charge upon the grounds set forth in
subsections (a)(4) through (a)(11) of this Section shall not
prevent the return of a new indictment or the filing of a new
charge, and upon such dismissal the court may order that the
defendant be held in custody or, if the defendant had been
previously released on bail, that the bail be continued for a
specified time pending the return of a new indictment or the
filing of a new charge.
    (f) If the court determines that the motion to dismiss
based upon the grounds set forth in subsections (a)(6) and
(a)(7) is well founded it may, instead of dismissal, order the
cause transferred to a court of competent jurisdiction or to a
proper place of trial.
(Source: P.A. 97-1150, eff. 1-25-13.)

Effective Date: 1/1/2018