100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5279

 

Introduced , by Rep. Monica Bristow

 

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 2012. Provides that 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 regardless as to whether 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. Makes conforming changes.


LRB100 16707 RLC 31845 b

 

 

A BILL FOR

 

HB5279LRB100 16707 RLC 31845 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 degree
10    murder, second degree murder, involuntary manslaughter,
11    reckless homicide, or a violation of subparagraph (F) of
12    paragraph (1) of subsection (d) of Section 11-501 of the
13    Illinois Vehicle Code for the offense of aggravated driving
14    under the influence of alcohol, other drug or drugs, or
15    intoxicating compound or compounds, or any combination
16    thereof when the violation was a proximate cause of a
17    death, leaving the scene of a motor vehicle accident
18    involving death or personal injuries under Section 11-401
19    of the Illinois Vehicle Code, failing to give information
20    and render aid under Section 11-403 of the Illinois Vehicle
21    Code, concealment of homicidal death, treason, arson,
22    residential arson, aggravated arson, forgery, child
23    pornography under paragraph (1) of subsection (a) of

 

 

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1    Section 11-20.1, or aggravated child pornography under
2    paragraph (1) of subsection (a) of Section 11-20.1B; , or
3        (1.5) any of the following offenses under this Code,
4    when the victim is under 18 years of age at the time of the
5    offense:
6            (i) criminal sexual assault under Section 11-1.20;
7            (ii) aggravated criminal sexual assault under
8        Section 11-1.30;
9            (iii) predatory criminal sexual assault of a child
10        under Section 11-1.40;
11            (iv) criminal sexual abuse under subsection (a) of
12        Section 11-1.50; or
13            (v) aggravated criminal sexual abuse under Section
14        11-1.60; or
15        (2) any offense involving sexual conduct or sexual
16    penetration, as defined by Section 11-0.1 of this Code in
17    which the DNA profile of the offender is obtained and
18    entered into a DNA database within 10 years after the
19    commission of the offense, and may be commenced at any
20    time. Clause (2) of this subsection (a) applies if either:
21    (i) the victim reported the offense to law enforcement
22    authorities within 3 years after the commission of the
23    offense unless a longer period for reporting the offense to
24    law enforcement authorities is provided in Section 3-6 or
25    (ii) the victim is murdered during the course of the
26    offense or within 2 years after the commission of the

 

 

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1    offense.
2    (a-5) A prosecution for theft of property exceeding
3$100,000 in value under Section 16-1, identity theft under
4subsection (a) of Section 16-30, aggravated identity theft
5under subsection (b) of Section 16-30, financial exploitation
6of an elderly person or a person with a disability under
7Section 17-56; or any offense set forth in Article 16H or
8Section 17-10.6 may be commenced within 7 years of the last act
9committed in furtherance of the crime.
10    (b) Unless the statute describing the offense provides
11otherwise, or the period of limitation is extended by Section
123-6, a prosecution for any offense not designated in subsection
13(a) or (a-5) must be commenced within 3 years after the
14commission of the offense if it is a felony, or within one year
15and 6 months after its commission if it is a misdemeanor.
16(Source: P.A. 99-820, eff. 8-15-16; 100-149, eff. 1-1-18;
17revised 10-5-17.)
 
18    (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
19    Sec. 3-6. Extended limitations. The period within which a
20prosecution must be commenced under the provisions of Section
213-5 or other applicable statute is extended under the following
22conditions:
23    (a) A prosecution for theft involving a breach of a
24fiduciary obligation to the aggrieved person may be commenced
25as follows:

 

 

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

 

 

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1may be commenced within 25 years of the victim attaining the
2age of 18 years.
3    (c) (Blank).
4    (d) A prosecution for child pornography, aggravated child
5pornography, indecent solicitation of a child, soliciting for a
6juvenile prostitute, juvenile pimping, exploitation of a
7child, or promoting juvenile prostitution except for keeping a
8place of juvenile prostitution may be commenced within one year
9of the victim attaining the age of 18 years. However, in no
10such case shall the time period for prosecution expire sooner
11than 3 years after the commission of the offense.
12    (e) Except as otherwise provided in subdivision (j), a
13prosecution for any offense involving sexual conduct or sexual
14penetration, as defined in Section 11-0.1 of this Code, where
15the defendant was within a professional or fiduciary
16relationship or a purported professional or fiduciary
17relationship with the victim at the time of the commission of
18the offense may be commenced within one year after the
19discovery of the offense by the victim.
20    (f) A prosecution for any offense set forth in Section 44
21of the "Environmental Protection Act", approved June 29, 1970,
22as amended, may be commenced within 5 years after the discovery
23of such an offense by a person or agency having the legal duty
24to report the offense or in the absence of such discovery,
25within 5 years after the proper prosecuting officer becomes
26aware of the offense.

 

 

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1    (f-5) A prosecution for any offense set forth in Section
216-30 of this Code may be commenced within 5 years after the
3discovery of the offense by the victim of that offense.
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    (i-5) A prosecution for armed robbery, home invasion,
16kidnapping, or aggravated kidnaping may be commenced within 10
17years of the commission of the offense if it arises out of the
18same course of conduct and meets the criteria under one of the
19offenses in subsection (i) of this Section.
20    (j) (1) (Blank). When the victim is under 18 years of age
21at the time of the offense, a prosecution for criminal sexual
22assault, aggravated criminal sexual assault, predatory
23criminal sexual assault of a child, aggravated criminal sexual
24abuse, or felony criminal sexual abuse may be commenced at any
25time.
26    (2) When the victim is under 18 years of age at the time of

 

 

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1the offense, a prosecution for failure of a person who is
2required to report an alleged or suspected commission of
3criminal sexual assault, aggravated criminal sexual assault,
4predatory criminal sexual assault of a child, aggravated
5criminal sexual abuse, or felony criminal sexual abuse under
6the Abused and Neglected Child Reporting Act may be commenced
7within 20 years after the child victim attains 18 years 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) (Blank).
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    (m) The prosecution shall not be required to prove at trial
25facts which extend the general limitations in Section 3-5 of
26this Code when the facts supporting extension of the period of

 

 

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1general limitations are properly pled in the charging document.
2Any challenge relating to the extension of the general
3limitations period as defined in this Section shall be
4exclusively conducted under Section 114-1 of the Code of
5Criminal Procedure of 1963.
6(Source: P.A. 99-234, eff. 8-3-15; 99-820, eff. 8-15-16;
7100-80, eff. 8-11-17; 100-318, eff. 8-24-17; 100-434, eff.
81-1-18; revised 10-5-17.)