Full Text of HB1128 99th General Assembly
HB1128eng 99TH 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 may be commenced at any time for: | 9 | | (1) first degree murder, attempt to commit first
| 10 | | degree
murder, second degree murder,
involuntary | 11 | | manslaughter, reckless homicide, leaving the scene of a | 12 | | motor vehicle accident involving death or personal | 13 | | injuries under Section 11-401 of the Illinois Vehicle Code, | 14 | | failing to give information and render aid under Section | 15 | | 11-403 of the Illinois Vehicle Code, concealment of | 16 | | homicidal
death, treason, arson, residential arson, | 17 | | aggravated arson, forgery, child pornography under | 18 | | paragraph (1) of subsection (a) of Section 11-20.1, | 19 | | aggravated child pornography under paragraph (1) of | 20 | | subsection (a) of Section 11-20.1B ; , or | 21 | | (1.5) any of the following offenses under this Code, | 22 | | when the victim is under 18 years of age at the time of the | 23 | | offense: |
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| 1 | | (i) involuntary servitude under subsection (b) of | 2 | | Section
10-9; | 3 | | (ii) involuntary sexual servitude of a minor
under | 4 | | subsection (c) of Section 10-9; | 5 | | (iii) trafficking in persons
under subsection (d) | 6 | | of Section 10-9; | 7 | | (iv) indecent solicitation of a child
under | 8 | | Section 11-6; | 9 | | (v) indecent solicitation of an adult
under | 10 | | Section 11-6.5; | 11 | | (vi) sexual exploitation of a child
under Section | 12 | | 11-9.1; | 13 | | (vii) permitting sexual abuse of a child
under | 14 | | Section 11-9.1A; | 15 | | (viii) failure to report sexual abuse of a child
| 16 | | under Section 11-9.1B; | 17 | | (ix) custodial sexual misconduct
under Section | 18 | | 11-9.2; | 19 | | (x) sexual misconduct with a person with a | 20 | | disability
under Section 11-9.5; | 21 | | (xi) sexual relations within families
under | 22 | | Section 11-11; | 23 | | (xii) solicitation of a sexual act
under Section | 24 | | 11-14.1; | 25 | | (xiii) promoting prostitution
under Section | 26 | | 11-14.3; |
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| 1 | | (xiv) promoting juvenile prostitution
under | 2 | | Section 11-14.4; | 3 | | (xv) patronizing a prostitute
under Section 11-18; | 4 | | or | 5 | | (xvi) patronizing a minor engaged in prostitution
| 6 | | under Section 11-18.1; or | 7 | | (2) any offense
involving sexual conduct or sexual | 8 | | penetration, as defined by
Section 11-0.1 of this Code in | 9 | | which the DNA profile of the offender is
obtained and | 10 | | entered into a DNA database within 10 years after the | 11 | | commission
of the offense and ,may be commenced at any
| 12 | | time. Clause (2) of this subsection (a) applies if either: | 13 | | (i) the victim reported the
offense to law enforcement | 14 | | authorities within 3 years after the commission
of the | 15 | | offense unless a longer period for reporting the offense to | 16 | | law
enforcement authorities
is provided in Section 3-6 or | 17 | | (ii) the victim is murdered during the course of the | 18 | | offense or within 2 years after the commission of the | 19 | | offense.
| 20 | | (b) Unless the statute describing the offense provides | 21 | | otherwise, or the
period of limitation is extended by Section | 22 | | 3-6, a prosecution for any
offense not designated in Subsection | 23 | | (a) must be commenced within 3 years
after the commission of | 24 | | the offense if it is a felony, or within one year
and 6 months | 25 | | after its commission if it is a misdemeanor.
| 26 | | (Source: P.A. 98-265, eff. 1-1-14.)
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| 1 | | (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
| 2 | | Sec. 3-6. Extended limitations. The period within which a | 3 | | prosecution
must be commenced under the provisions of Section | 4 | | 3-5 or other applicable
statute is extended under the following | 5 | | conditions:
| 6 | | (a) A prosecution for theft involving a breach of a | 7 | | fiduciary obligation
to the aggrieved person may be commenced | 8 | | as follows:
| 9 | | (1) If the aggrieved person is a minor or a person | 10 | | under legal disability,
then during the minority or legal | 11 | | disability or within one year after the
termination | 12 | | thereof.
| 13 | | (2) In any other instance, within one year after the | 14 | | discovery of the
offense by an aggrieved person, or by a | 15 | | person who has legal capacity to
represent an aggrieved | 16 | | person or has a legal duty to report the offense,
and is | 17 | | not himself or herself a party to the offense; or in the | 18 | | absence of such
discovery, within one year after the proper | 19 | | prosecuting officer becomes
aware of the offense. However, | 20 | | in no such case is the period of limitation
so extended | 21 | | more than 3 years beyond the expiration of the period | 22 | | otherwise
applicable.
| 23 | | (b) A prosecution for any offense based upon misconduct in | 24 | | office by a
public officer or employee may be commenced within | 25 | | one year after discovery
of the offense by a person having a |
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| 1 | | legal duty to report such offense, or
in the absence of such | 2 | | discovery, within one year after the proper
prosecuting officer | 3 | | becomes aware of the offense. However, in no such case
is the | 4 | | period of limitation so extended more than 3 years beyond the
| 5 | | expiration of the period otherwise applicable.
| 6 | | (b-5) (Blank). When the victim is under 18 years of age at | 7 | | the time of the offense, a prosecution for involuntary | 8 | | servitude, involuntary sexual servitude of a minor, or | 9 | | trafficking in persons and related offenses under Section 10-9 | 10 | | of this Code may be commenced within one year of the victim | 11 | | attaining the age of 18 years. However, in no such case shall | 12 | | the time period for prosecution expire sooner than 3 years | 13 | | after the commission of the offense. | 14 | | (c) (Blank).
| 15 | | (d) A prosecution for child pornography or , aggravated | 16 | | child pornography , indecent
solicitation of a
child, | 17 | | soliciting for a juvenile prostitute, juvenile pimping,
| 18 | | exploitation of a child, or promoting juvenile prostitution | 19 | | except for keeping a place of juvenile prostitution may be | 20 | | commenced within one year of the victim
attaining the age of 18 | 21 | | years. However, in no such case shall the time
period for | 22 | | prosecution expire sooner than 3 years after the commission of
| 23 | | the offense. When the victim is under 18 years of age, a | 24 | | prosecution for
criminal
sexual abuse may be commenced within
| 25 | | one year of the victim attaining the age of 18 years. However, | 26 | | in no such
case shall the time period for prosecution expire |
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| 1 | | sooner than 3 years after
the commission of the offense.
| 2 | | (e) Except as otherwise provided in subdivision (j), a | 3 | | prosecution for
any offense involving sexual conduct or sexual
| 4 | | penetration, as defined in Section 11-0.1 of this Code, where | 5 | | the defendant
was within a professional or fiduciary | 6 | | relationship or a purported
professional or fiduciary | 7 | | relationship with the victim at the
time of the commission of | 8 | | the offense may be commenced within one year
after the | 9 | | discovery of the offense by the victim.
| 10 | | (f) A prosecution for any offense set forth in Section 44
| 11 | | of the "Environmental Protection Act", approved June 29, 1970, | 12 | | as amended,
may be commenced within 5 years after the discovery | 13 | | of such
an offense by a person or agency having the legal duty | 14 | | to report the
offense or in the absence of such discovery, | 15 | | within 5 years
after the proper prosecuting officer becomes | 16 | | aware of the offense.
| 17 | | (f-5) A prosecution for any offense set forth in Section | 18 | | 16-30 of this Code may be commenced within 5 years after the | 19 | | discovery of the offense by the victim of that offense.
| 20 | | (g) (Blank).
| 21 | | (h) (Blank).
| 22 | | (i) Except as otherwise provided in subdivision (j), a | 23 | | prosecution for
criminal sexual assault, aggravated criminal
| 24 | | sexual assault, or aggravated criminal sexual abuse may be | 25 | | commenced within 10
years of the commission of the offense if | 26 | | the victim reported the offense to
law enforcement authorities |
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| 1 | | within 3 years after the commission of the offense.
| 2 | | Nothing in this subdivision (i) shall be construed to
| 3 | | shorten a period within which a prosecution must be commenced | 4 | | under any other
provision of this Section.
| 5 | | (i-5) A prosecution for armed robbery, home invasion, | 6 | | kidnapping, or aggravated kidnaping may be commenced within 10 | 7 | | years of the commission of the offense if it arises out of the | 8 | | same course of conduct and meets the criteria under one of the | 9 | | offenses in subsection (i) of this Section. | 10 | | (j) (1) When the victim is under 18 years of age at the | 11 | | time of the offense, a
prosecution
for criminal sexual assault, | 12 | | aggravated criminal sexual assault, predatory
criminal sexual | 13 | | assault of a child, aggravated criminal sexual abuse, or felony | 14 | | criminal sexual abuse may be commenced at any time when | 15 | | corroborating physical evidence is available or an individual | 16 | | who is required to report an alleged or suspected commission of | 17 | | any of these offenses under the Abused and Neglected Child | 18 | | Reporting Act fails to do so. | 19 | | (2) In circumstances other than as described in paragraph | 20 | | (1) of this subsection (j), when the victim is under 18 years | 21 | | of age at the time of the offense, a prosecution for criminal | 22 | | sexual assault, aggravated criminal sexual assault, predatory | 23 | | criminal sexual assault of a child, aggravated criminal sexual | 24 | | abuse, or felony criminal sexual abuse, or a
prosecution for | 25 | | failure of a person who is required to report an alleged
or | 26 | | suspected commission of any of these offenses under the Abused |
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| 1 | | and Neglected
Child Reporting Act may be
commenced within 20 | 2 | | years after the child victim attains 18
years of age. | 3 | | (3) When the victim is under 18 years of age at the time of | 4 | | the offense, a
prosecution
for misdemeanor criminal sexual | 5 | | abuse may be
commenced within 10 years after the child victim | 6 | | attains 18
years of age.
| 7 | | (4) Nothing in this subdivision (j) shall be construed to
| 8 | | shorten a period within which a prosecution must be commenced | 9 | | under any other
provision of this Section.
| 10 | | (j-5) A prosecution for armed robbery, home invasion, | 11 | | kidnapping, or aggravated kidnaping may be commenced at any | 12 | | time if it arises out of the same course of conduct and meets | 13 | | the criteria under one of the offenses in subsection (j) of | 14 | | 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 | | (l) A prosecution for any offense set forth in Section 26-4 | 22 | | of this Code may be commenced within one year after the | 23 | | discovery of the offense by the victim of that offense. | 24 | | (Source: P.A. 98-293, eff. 1-1-14; 98-379, eff. 1-1-14; 98-756, | 25 | | eff. 7-16-14; 99-234, eff. 8-3-15.)
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