Full Text of HB1063 98th General Assembly
HB1063eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by changing | 5 | | Sections 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 | 9 | | commit first
degree
murder, second degree murder,
involuntary | 10 | | manslaughter, reckless homicide, leaving the scene of a motor | 11 | | vehicle accident involving death or personal injuries under | 12 | | Section 11-401 of the Illinois Vehicle Code, failing to give | 13 | | information and render aid under Section 11-403 of the Illinois | 14 | | Vehicle Code, concealment of homicidal
death, treason, arson, | 15 | | aggravated arson, forgery, child pornography under paragraph | 16 | | (1) of subsection (a) of Section 11-20.1, aggravated child | 17 | | pornography under paragraph (1) of subsection (a) of Section | 18 | | 11-20.1B, or (2) any offense
involving sexual conduct or sexual | 19 | | penetration, as defined by
Section 11-0.1 of this Code in which | 20 | | the DNA profile of the offender is
obtained and entered into a | 21 | | DNA database within 10 years after the commission
of the | 22 | | offense, or (3) criminal sexual assault, aggravated criminal | 23 | | sexual assault, predatory
criminal sexual assault of a child, |
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| 1 | | aggravated criminal sexual abuse, or criminal sexual abuse when | 2 | | the victim of any of the offenses was under 18 years of age at | 3 | | the time of the offense, may be commenced at any
time.
Clause | 4 | | (2) of this subsection (a) applies if either: (i) the victim | 5 | | reported the
offense to law enforcement authorities within 3 | 6 | | years after the commission
of the offense unless a longer | 7 | | period for reporting the offense to law
enforcement authorities
| 8 | | is provided in Section 3-6 or (ii) the victim is murdered | 9 | | during the course of the offense or within 2 years after the | 10 | | commission of the offense.
| 11 | | (b) Unless the statute describing the offense provides | 12 | | otherwise, or the
period of limitation is extended by Section | 13 | | 3-6, a prosecution for any
offense not designated in Subsection | 14 | | (a) must be commenced within 3 years
after the commission of | 15 | | the offense if it is a felony, or within one year
and 6 months | 16 | | after its commission if it is a misdemeanor.
| 17 | | (Source: P.A. 95-899, eff. 1-1-09; 96-292, eff. 1-1-10; | 18 | | 96-1551, eff. 7-1-11 .)
| 19 | | (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
| 20 | | Sec. 3-6. Extended limitations. The period within which a | 21 | | prosecution
must be commenced under the provisions of Section | 22 | | 3-5 or other applicable
statute is extended under the following | 23 | | conditions:
| 24 | | (a) A prosecution for theft involving a breach of a | 25 | | fiduciary obligation
to the aggrieved person may be commenced |
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| 1 | | as follows:
| 2 | | (1) If the aggrieved person is a minor or a person | 3 | | under legal disability,
then during the minority or legal | 4 | | disability or within one year after the
termination | 5 | | thereof.
| 6 | | (2) In any other instance, within one year after the | 7 | | discovery of the
offense by an aggrieved person, or by a | 8 | | person who has legal capacity to
represent an aggrieved | 9 | | person or has a legal duty to report the offense,
and is | 10 | | not himself or herself a party to the offense; or in the | 11 | | absence of such
discovery, within one year after the proper | 12 | | prosecuting officer becomes
aware of the offense. However, | 13 | | in no such case is the period of limitation
so extended | 14 | | more than 3 years beyond the expiration of the period | 15 | | otherwise
applicable.
| 16 | | (b) A prosecution for any offense based upon misconduct in | 17 | | office by a
public officer or employee may be commenced within | 18 | | one year after discovery
of the offense by a person having a | 19 | | legal duty to report such offense, or
in the absence of such | 20 | | discovery, within one year after the proper
prosecuting officer | 21 | | becomes aware of the offense. However, in no such case
is the | 22 | | period of limitation so extended more than 3 years beyond the
| 23 | | expiration of the period otherwise applicable.
| 24 | | (b-5) When the victim is under 18 years of age at the time | 25 | | of the offense, a prosecution for involuntary servitude, | 26 | | involuntary sexual servitude of a minor, or trafficking in |
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| 1 | | persons and related offenses under Section 10-9 of this Code | 2 | | may be commenced within one year of the victim attaining the | 3 | | age of 18 years. However, in no such case shall the time period | 4 | | for prosecution expire sooner than 3 years after the commission | 5 | | of the offense. | 6 | | (c) (Blank).
| 7 | | (d) (Blank). A prosecution for child pornography, | 8 | | aggravated child pornography, indecent
solicitation of a
| 9 | | child, soliciting for a juvenile prostitute, juvenile pimping,
| 10 | | exploitation of a child, or promoting juvenile prostitution | 11 | | except for keeping a place of juvenile prostitution may be | 12 | | commenced within one year of the victim
attaining the age of 18 | 13 | | years. However, in no such case shall the time
period for | 14 | | prosecution expire sooner than 3 years after the commission of
| 15 | | the offense. When the victim is under 18 years of age, a | 16 | | prosecution for
criminal
sexual abuse may be commenced within
| 17 | | one year of the victim attaining the age of 18 years. However, | 18 | | in no such
case shall the time period for prosecution expire | 19 | | sooner than 3 years after
the commission of the offense.
| 20 | | (e) Except as otherwise provided in subdivision (j), a | 21 | | prosecution for
any offense involving sexual conduct or sexual
| 22 | | penetration, as defined in Section 11-0.1 of this Code, where | 23 | | the defendant
was within a professional or fiduciary | 24 | | relationship or a purported
professional or fiduciary | 25 | | relationship with the victim at the
time of the commission of | 26 | | the offense may be commenced within one year
after the |
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| 1 | | discovery of the offense by the victim.
| 2 | | (f) A prosecution for any offense set forth in Section 44
| 3 | | of the "Environmental Protection Act", approved June 29, 1970, | 4 | | as amended,
may be commenced within 5 years after the discovery | 5 | | of such
an offense by a person or agency having the legal duty | 6 | | to report the
offense or in the absence of such discovery, | 7 | | within 5 years
after the proper prosecuting officer becomes | 8 | | aware of the offense.
| 9 | | (f-5) A prosecution for any offense set forth in Section | 10 | | 16-30 of this Code may be commenced within 5 years after the | 11 | | discovery of the offense by the victim of that offense.
| 12 | | (g) (Blank).
| 13 | | (h) (Blank).
| 14 | | (i) Except as otherwise provided in subdivision (j), a | 15 | | prosecution for
criminal sexual assault, aggravated criminal
| 16 | | sexual assault, or aggravated criminal sexual abuse may be | 17 | | commenced within 10
years of the commission of the offense if | 18 | | the victim reported the offense to
law enforcement authorities | 19 | | within 3 years after the commission of the offense.
| 20 | | Nothing in this subdivision (i) shall be construed to
| 21 | | shorten a period within which a prosecution must be commenced | 22 | | under any other
provision of this Section.
| 23 | | (j) When the victim is under 18 years of age at the time of | 24 | | the offense, a
prosecution
for criminal sexual assault, | 25 | | aggravated criminal sexual assault, predatory
criminal sexual | 26 | | assault of a child, aggravated criminal sexual abuse, or felony |
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| 1 | | criminal sexual abuse, or a
prosecution for failure of a person | 2 | | who is required to report an alleged
or suspected commission of | 3 | | criminal sexual assault, aggravated criminal sexual assault, | 4 | | predatory
criminal sexual assault of a child, aggravated | 5 | | criminal sexual abuse, or felony criminal sexual abuse any of | 6 | | these offenses under the Abused and Neglected
Child Reporting | 7 | | Act may be
commenced within 20 years after the child victim | 8 | | attains 18
years of age. When the victim is under 18 years of | 9 | | age at the time of the offense, a
prosecution
for misdemeanor | 10 | | criminal sexual abuse may be
commenced within 10 years after | 11 | | the child victim attains 18
years of age.
| 12 | | Nothing in this subdivision (j) shall be construed to
| 13 | | shorten a period within which a prosecution must be commenced | 14 | | under any other
provision of this Section.
| 15 | | (k) A prosecution for theft involving real property | 16 | | exceeding $100,000 in value under Section 16-1, identity theft | 17 | | under subsection (a) of Section 16-30, aggravated identity | 18 | | theft under subsection (b) of Section 16-30, or any offense set | 19 | | forth in Article 16H or Section 17-10.6 may be commenced within | 20 | | 7 years of the last act committed in furtherance of the crime.
| 21 | | (Source: P.A. 96-233, eff. 1-1-10; 96-1551, Article 2, Section | 22 | | 1035, eff. 7-1-11; 96-1551, Article 10, Section 10-140, eff. | 23 | | 7-1-11; 97-597, eff. 1-1-12; 97-897, eff. 1-1-13.)
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