Illinois General Assembly - Full Text of HB3498
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Full Text of HB3498  101st General Assembly

HB3498 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3498

 

Introduced , by Rep. Natalie A. Manley

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/3-6  from Ch. 38, par. 3-6
720 ILCS 5/12-34

    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 female genital mutilation may be commenced at any time. Provides that a parent, guardian, or other person having physical custody or control of a child who knowingly facilitates or permits the circumcision, excision, or infibulation, in whole or in part, of the labia majora, labia minora, or clitoris of the child commits female genital mutilation. Provides that a violation is a Class X felony.


LRB101 05462 SLF 50476 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3498LRB101 05462 SLF 50476 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 3-6 and 12-34 as follows:
 
6    (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
7    Sec. 3-6. Extended limitations. The period within which a
8prosecution 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

 

 

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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    (b-5) When the victim is under 18 years of age at the time
14of the offense, a prosecution for involuntary servitude,
15involuntary sexual servitude of a minor, or trafficking in
16persons and related offenses under Section 10-9 of this Code
17may be commenced within 25 years of the victim attaining the
18age of 18 years.
19    (b-6) When the victim is under 18 years of age at the time
20of the offense, a prosecution for female genital mutilation may
21be commenced at any time.
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.
5    (e) Except as otherwise provided in subdivision (j), a
6prosecution for any offense involving sexual conduct or sexual
7penetration, as defined in Section 11-0.1 of this Code, where
8the defendant was within a professional or fiduciary
9relationship or a purported professional or fiduciary
10relationship with the victim at the time of the commission of
11the offense may be commenced within one year after the
12discovery of the offense by the victim.
13    (f) A prosecution for any offense set forth in Section 44
14of the Environmental Protection Act may be commenced within 5
15years after the discovery of such an offense by a person or
16agency having the legal duty to report the offense or in the
17absence of such discovery, within 5 years after the proper
18prosecuting officer becomes aware of the offense.
19    (f-5) A prosecution for any offense set forth in Section
2016-30 of this Code may be commenced within 5 years after the
21discovery of the offense by the victim of that offense.
22    (g) (Blank).
23    (h) (Blank).
24    (i) Except as otherwise provided in subdivision (j), a
25prosecution for criminal sexual assault, aggravated criminal
26sexual assault, or aggravated criminal sexual abuse may be

 

 

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1commenced within 10 years of the commission of the offense if
2the victim reported the offense to law enforcement authorities
3within 3 years after the commission of the offense. If the
4victim consented to the collection of evidence using an
5Illinois State Police Sexual Assault Evidence Collection Kit
6under the Sexual Assault Survivors Emergency Treatment Act, it
7shall constitute reporting for purposes of this Section.
8    Nothing in this subdivision (i) shall be construed to
9shorten a period within which a prosecution must be commenced
10under any other provision of this Section.
11    (i-5) A prosecution for armed robbery, home invasion,
12kidnapping, or aggravated kidnaping may be commenced within 10
13years of the commission of the offense if it arises out of the
14same course of conduct and meets the criteria under one of the
15offenses in subsection (i) of this Section.
16    (j) (1) When the victim is under 18 years of age at the
17time of the offense, a prosecution for criminal sexual assault,
18aggravated criminal sexual assault, predatory criminal sexual
19assault of a child, aggravated criminal sexual abuse, or felony
20criminal sexual abuse, or female genital mutilation may be
21commenced at any time.
22    (2) When in circumstances other than as described in
23paragraph (1) of this subsection (j), when When the victim is
24under 18 years of age at the time of the offense, a prosecution
25for failure of a person who is required to report an alleged or
26suspected commission of criminal sexual assault, aggravated

 

 

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1criminal sexual assault, predatory criminal sexual assault of a
2child, aggravated criminal sexual abuse, or felony criminal
3sexual abuse under the Abused and Neglected Child Reporting Act
4may be commenced within 20 years after the child victim attains
518 years of age.
6    (3) When the victim is under 18 years of age at the time of
7the offense, a prosecution for misdemeanor criminal sexual
8abuse may be commenced within 10 years after the child victim
9attains 18 years of age.
10    (4) Nothing in this subdivision (j) shall be construed to
11shorten a period within which a prosecution must be commenced
12under any other provision of this Section.
13    (j-5) A prosecution for armed robbery, home invasion,
14kidnapping, or aggravated kidnaping may be commenced at any
15time if it arises out of the same course of conduct and meets
16the criteria under one of the offenses in subsection (j) of
17this Section.
18    (k) (Blank).
19    (l) A prosecution for any offense set forth in Section 26-4
20of this Code may be commenced within one year after the
21discovery of the offense by the victim of that offense.
22    (l-5) A prosecution for any offense involving sexual
23conduct or sexual penetration, as defined in Section 11-0.1 of
24this Code, in which the victim was 18 years of age or older at
25the time of the offense, may be commenced within one year after
26the discovery of the offense by the victim when corroborating

 

 

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1physical evidence is available. The charging document shall
2state that the statute of limitations is extended under this
3subsection (l-5) and shall state the circumstances justifying
4the extension. Nothing in this subsection (l-5) shall be
5construed to shorten a period within which a prosecution must
6be commenced under any other provision of this Section or
7Section 3-5 of this Code.
8    (m) The prosecution shall not be required to prove at trial
9facts which extend the general limitations in Section 3-5 of
10this Code when the facts supporting extension of the period of
11general limitations are properly pled in the charging document.
12Any challenge relating to the extension of the general
13limitations period as defined in this Section shall be
14exclusively conducted under Section 114-1 of the Code of
15Criminal Procedure of 1963.
16    (n) A prosecution for any offense set forth in subsection
17(a), (b), or (c) of Section 8A-3 or Section 8A-13 of the
18Illinois Public Aid Code, in which the total amount of money
19involved is $5,000 or more, including the monetary value of
20food stamps and the value of commodities under Section 16-1 of
21this Code may be commenced within 5 years of the last act
22committed in furtherance of the offense.
23(Source: P.A. 99-234, eff. 8-3-15; 99-820, eff. 8-15-16;
24100-80, eff. 8-11-17; 100-318, eff. 8-24-17; 100-434, eff.
251-1-18; 100-863, eff. 8-14-18; 100-998, eff. 1-1-19; 100-1010,
26eff. 1-1-19; 100-1087, eff. 1-1-19; revised 10-9-18.)
 

 

 

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1    (720 ILCS 5/12-34)
2    Sec. 12-34. Female genital mutilation.
3    (a) Except as otherwise permitted in subsection (b),
4whoever knowingly circumcises, excises, or infibulates, in
5whole or in part, the labia majora, labia minora, or clitoris
6of another commits female genital mutilation. Consent to the
7procedure by a minor on whom it is performed or by the minor's
8parent or guardian is not a defense to a violation of this
9Section.
10    (a-5) A parent, guardian, or other person having physical
11custody or control of a child who knowingly facilitates or
12permits the circumcision, excision, or infibulation, in whole
13or in part, of the labia majora, labia minora, or clitoris of
14the child commits female genital mutilation.
15    (b) A surgical procedure is not a violation of subsection
16(a) if the procedure is performed by a physician licensed to
17practice medicine in all its branches and:
18        (1) is necessary to the health of the person on whom it
19    is performed; or
20        (2) is performed on a person who is in labor or who has
21    just given birth and is performed for medical purposes
22    connected with that labor or birth.
23    (c) Sentence. Female genital mutilation is a Class X
24felony.
25(Source: P.A. 96-1551, eff. 7-1-11.)