97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5664

 

Introduced 2/16/2012, by Rep. Keith Farnham - Michelle Mussman - Jerry F. Costello, II

 

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 1961. Provides that a prosecution for criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual abuse, or criminal sexual abuse may be commenced at any time.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 1961 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 for: (1) first degree murder, attempt to
9commit first degree murder, second degree murder, involuntary
10manslaughter, reckless homicide, leaving the scene of a motor
11vehicle accident involving death or personal injuries under
12Section 11-401 of the Illinois Vehicle Code, failing to give
13information and render aid under Section 11-403 of the Illinois
14Vehicle Code, concealment of homicidal death, treason, arson,
15aggravated arson, forgery, criminal sexual assault, aggravated
16criminal sexual assault, predatory criminal sexual assault of a
17child, aggravated criminal sexual abuse, criminal sexual
18abuse, child pornography under paragraph (1) of subsection (a)
19of Section 11-20.1, aggravated child pornography under
20paragraph (1) of subsection (a) of Section 11-20.1B, or (2) any
21offense involving sexual conduct or sexual penetration, as
22defined by Section 11-0.1 of this Code in which the DNA profile
23of the offender is obtained and entered into a DNA database

 

 

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1within 10 years after the commission of the offense, may be
2commenced at any time. Clause (2) of this subsection (a)
3applies if either: (i) the victim reported the offense to law
4enforcement authorities within 3 years after the commission of
5the offense unless a longer period for reporting the offense to
6law enforcement authorities is provided in Section 3-6 or (ii)
7the victim is murdered during the course of the offense or
8within 2 years after the commission of the offense.
9    (b) Unless the statute describing the offense provides
10otherwise, or the period of limitation is extended by Section
113-6, a prosecution for any offense not designated in Subsection
12(a) must be commenced within 3 years after the commission of
13the offense if it is a felony, or within one year and 6 months
14after its commission if it is a misdemeanor.
15(Source: P.A. 95-899, eff. 1-1-09; 96-292, eff. 1-1-10;
1696-1551, eff. 7-1-11.)
 
17    (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
18    Sec. 3-6. Extended limitations. The period within which a
19prosecution must be commenced under the provisions of Section
203-5 or other applicable statute is extended under the following
21conditions:
22    (a) A prosecution for theft involving a breach of a
23fiduciary obligation to the aggrieved person may be commenced
24as follows:
25        (1) If the aggrieved person is a minor or a person

 

 

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1    under legal disability, then during the minority or legal
2    disability or within one year after the termination
3    thereof.
4        (2) In any other instance, within one year after the
5    discovery of the offense by an aggrieved person, or by a
6    person who has legal capacity to represent an aggrieved
7    person or has a legal duty to report the offense, and is
8    not himself or herself a party to the offense; or in the
9    absence of such discovery, within one year after the proper
10    prosecuting officer becomes aware of the offense. However,
11    in no such case is the period of limitation so extended
12    more than 3 years beyond the expiration of the period
13    otherwise applicable.
14    (b) A prosecution for any offense based upon misconduct in
15office by a public officer or employee may be commenced within
16one year after discovery of the offense by a person having a
17legal duty to report such offense, or in the absence of such
18discovery, within one year after the proper prosecuting officer
19becomes aware of the offense. However, in no such case is the
20period of limitation so extended more than 3 years beyond the
21expiration of the period otherwise applicable.
22    (c) (Blank).
23    (d) A prosecution for child pornography, aggravated child
24pornography, indecent solicitation of a child, soliciting for a
25juvenile prostitute, juvenile pimping, exploitation of a
26child, or promoting juvenile prostitution except for keeping a

 

 

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1place of juvenile prostitution may be commenced within one year
2of the victim attaining the age of 18 years. However, in no
3such case shall the time period for prosecution expire sooner
4than 3 years after the commission of the offense. When the
5victim is under 18 years of age, a prosecution for criminal
6sexual abuse may be commenced within one year of the victim
7attaining the age of 18 years. However, in no such case shall
8the time period for prosecution expire sooner than 3 years
9after the commission of the offense.
10    (e) Except as otherwise provided in Section 3-5 subdivision
11(j), a prosecution for any offense involving sexual conduct or
12sexual penetration, as defined in Section 11-0.1 of this Code,
13where the defendant was within a professional or fiduciary
14relationship or a purported professional or fiduciary
15relationship with the victim at the time of the commission of
16the offense may be commenced within one year after the
17discovery of the offense by the victim.
18    (f) A prosecution for any offense set forth in Section 44
19of the "Environmental Protection Act", approved June 29, 1970,
20as amended, may be commenced within 5 years after the discovery
21of such an offense by a person or agency having the legal duty
22to report the offense or in the absence of such discovery,
23within 5 years after the proper prosecuting officer becomes
24aware of the offense.
25    (f-5) A prosecution for any offense set forth in Section
2616-30 of this Code may be commenced within 5 years after the

 

 

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1discovery of the offense by the victim of that offense.
2    (g) (Blank).
3    (h) (Blank).
4    (i) (Blank). Except as otherwise provided in subdivision
5(j), a prosecution for criminal sexual assault, aggravated
6criminal sexual assault, or aggravated criminal sexual abuse
7may be commenced within 10 years of the commission of the
8offense if the victim reported the offense to law enforcement
9authorities within 3 years after the commission of the offense.
10    Nothing in this subdivision (i) shall be construed to
11shorten a period within which a prosecution must be commenced
12under any other provision of this Section.
13    (j) When the victim is under 18 years of age at the time of
14the offense, a prosecution for failure of a person who is
15required to report an alleged or suspected commission of any of
16the offenses listed in paragraphs (1) through (5) of this
17subsection (j) under the Abused and Neglected Child Reporting
18Act may be commenced within 20 years after the child victim
19attains 18 years of age:
20        (1) criminal sexual assault,
21        (2) aggravated criminal sexual assault,
22        (3) predatory criminal sexual assault of a child,
23        (4) aggravated criminal sexual abuse, or
24        (5) felony criminal sexual abuse. , or a prosecution
25    for failure of a person who is required to report an
26    alleged or suspected commission of any of these offenses

 

 

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1    under the Abused and Neglected Child Reporting Act may be
2    commenced within 20 years after the child victim attains 18
3    years of age. When the victim is under 18 years of age at
4    the time of the offense, a prosecution for misdemeanor
5    criminal sexual abuse may be commenced within 10 years
6    after the child victim attains 18 years of age.
7    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    (k) A prosecution for theft involving real property
11exceeding $100,000 in value under Section 16-1, identity theft
12under subsection (a) of Section 16-30, aggravated identity
13theft under subsection (b) of Section 16-30, or any offense set
14forth in Article 16H or Section 17-10.6 may be commenced within
157 years of the last act committed in furtherance of the crime.
16(Source: P.A. 96-233, eff. 1-1-10; 96-1551, Article 2, Section
171035, eff. 7-1-11; 96-1551, Article 10, Section 10-140, eff.
187-1-11; 97-597, eff. 1-1-12.)