Illinois General Assembly - Full Text of SB3814
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Full Text of SB3814  97th General Assembly

SB3814 97TH GENERAL ASSEMBLY


 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3814

 

Introduced 2/10/2012, by Sen. Mattie Hunter

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/3-6  from Ch. 38, par. 3-6

    Amends the Criminal Code of 1961. Makes a technical change in a Section concerning extended statutes of limitations.


LRB097 19833 RLC 65108 b

 

 

A BILL FOR

 

SB3814LRB097 19833 RLC 65108 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 1961 is amended by changing
5Section 3-6 as follows:
 
6    (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
7    Sec. 3-6. Extended limitations. The The period within which
8a prosecution must be commenced under the provisions of Section
93-5 or other applicable statute is extended under the following
10conditions:
11    (a) A prosecution for theft involving a breach of a
12fiduciary obligation to the aggrieved person may be commenced
13as follows:
14        (1) If the aggrieved person is a minor or a person
15    under legal disability, then during the minority or legal
16    disability or within one year after the termination
17    thereof.
18        (2) In any other instance, within one year after the
19    discovery of the offense by an aggrieved person, or by a
20    person who has legal capacity to represent an aggrieved
21    person or has a legal duty to report the offense, and is
22    not himself or herself a party to the offense; or in the
23    absence of such discovery, within one year after the proper

 

 

SB3814- 2 -LRB097 19833 RLC 65108 b

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

 

 

SB3814- 3 -LRB097 19833 RLC 65108 b

1    (e) Except as otherwise provided in subdivision (j), a
2prosecution for any offense involving sexual conduct or sexual
3penetration, as defined in Section 11-0.1 of this Code, where
4the defendant was within a professional or fiduciary
5relationship or a purported professional or fiduciary
6relationship with the victim at the time of the commission of
7the offense may be commenced within one year after the
8discovery of the offense by the victim.
9    (f) A prosecution for any offense set forth in Section 44
10of the "Environmental Protection Act", approved June 29, 1970,
11as amended, may be commenced within 5 years after the discovery
12of such an offense by a person or agency having the legal duty
13to report the offense or in the absence of such discovery,
14within 5 years after the proper prosecuting officer becomes
15aware of the offense.
16    (f-5) A prosecution for any offense set forth in Section
1716-30 of this Code may be commenced within 5 years after the
18discovery of the offense by the victim of that offense.
19    (g) (Blank).
20    (h) (Blank).
21    (i) Except as otherwise provided in subdivision (j), a
22prosecution for criminal sexual assault, aggravated criminal
23sexual assault, or aggravated criminal sexual abuse may be
24commenced within 10 years of the commission of the offense if
25the victim reported the offense to law enforcement authorities
26within 3 years after the commission of the offense.

 

 

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1    Nothing in this subdivision (i) shall be construed to
2shorten a period within which a prosecution must be commenced
3under any other provision of this Section.
4    (j) When the victim is under 18 years of age at the time of
5the offense, a prosecution for criminal sexual assault,
6aggravated criminal sexual assault, predatory criminal sexual
7assault of a child, aggravated criminal sexual abuse, or felony
8criminal sexual abuse, or a prosecution for failure of a person
9who is required to report an alleged or suspected commission of
10any of these offenses under the Abused and Neglected Child
11Reporting Act may be commenced within 20 years after the child
12victim attains 18 years of age. When the victim is under 18
13years of age at the time of the offense, a prosecution for
14misdemeanor criminal sexual abuse may be commenced within 10
15years after the child victim attains 18 years of age.
16    Nothing in this subdivision (j) shall be construed to
17shorten a period within which a prosecution must be commenced
18under any other provision of this Section.
19    (k) A prosecution for theft involving real property
20exceeding $100,000 in value under Section 16-1, identity theft
21under subsection (a) of Section 16-30, aggravated identity
22theft under subsection (b) of Section 16-30, or any offense set
23forth in Article 16H or Section 17-10.6 may be commenced within
247 years of the last act committed in furtherance of the crime.
25(Source: P.A. 96-233, eff. 1-1-10; 96-1551, Article 2, Section
261035, eff. 7-1-11; 96-1551, Article 10, Section 10-140, eff.

 

 

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17-1-11; 97-597, eff. 1-1-12.)