Full Text of HB6888 93rd General Assembly
HB6888 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB6888
Introduced 02/09/04, by John J. Millner SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/3-6 |
from Ch. 38, par. 3-6 |
720 ILCS 5/3-7 |
from Ch. 38, par. 3-7 |
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Amends the Criminal Code of 1961. Extends the statute of limitations for an offense based upon misconduct in office by a public officer or employee to no more than 6 (rather than 3) years beyond the expiration of the period otherwise applicable. Excludes from the period of limitations any period in which the defendant is a public employee and the offense charged is theft of public funds while in public employment.
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A BILL FOR
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HB6888 |
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LRB093 18853 RLC 44588 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| Sections 3-6 and 3-7 as follows:
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| (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
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| Sec. 3-6. Extended limitations. The period within which a | 8 |
| prosecution
must be commenced under the provisions of Section | 9 |
| 3-5 or other applicable
statute is extended under the following | 10 |
| conditions:
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| (a) A prosecution for theft involving a breach of a | 12 |
| fiduciary obligation
to the aggrieved person may be commenced | 13 |
| as follows:
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| (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.
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| (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 | 24 |
| prosecuting officer becomes
aware of the offense. However, | 25 |
| in no such case is the period of limitation
so extended | 26 |
| more than 3 years beyond the expiration of the period | 27 |
| otherwise
applicable.
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| (b) A prosecution for any offense based upon misconduct in | 29 |
| office by a
public officer or employee may be commenced within | 30 |
| one year after discovery
of the offense by a person having a | 31 |
| legal duty to report such offense, or
in the absence of such | 32 |
| discovery, within one year after the proper
prosecuting officer |
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HB6888 |
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LRB093 18853 RLC 44588 b |
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| becomes aware of the offense. However, in no such case
is the | 2 |
| period of limitation so extended more than 6
3 years beyond the
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| expiration of the period otherwise applicable.
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| (c) Except as otherwise provided in subsection (a) of | 5 |
| Section 3-5 of this
Code and subdivision (i) or (j) of this
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| Section, a
prosecution for any offense involving sexual conduct | 7 |
| or sexual
penetration, as defined in Section 12-12 of this | 8 |
| Code, where the victim and
defendant are family members, as | 9 |
| defined in Section 12-12 of this Code, may
be commenced within | 10 |
| one year of the victim attaining the age of 18 years.
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| (d) A prosecution for child pornography, indecent
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| solicitation of a
child, soliciting for a juvenile prostitute, | 13 |
| juvenile pimping or
exploitation of a child may be commenced | 14 |
| within one year of the victim
attaining the age of 18 years. | 15 |
| However, in no such case shall the time
period for prosecution | 16 |
| expire sooner than 3 years after the commission of
the offense. | 17 |
| When the victim is under 18 years of age, a prosecution for
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| criminal
sexual abuse may be commenced within
one year of the | 19 |
| victim attaining the age of 18 years. However, in no such
case | 20 |
| shall the time period for prosecution expire sooner than 3 | 21 |
| years after
the commission of the offense.
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| (e) Except as otherwise provided in subdivision (j), a | 23 |
| prosecution for
any offense involving sexual conduct or sexual
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| penetration, as defined in Section 12-12 of this Code, where | 25 |
| the defendant
was within a professional or fiduciary | 26 |
| relationship or a purported
professional or fiduciary | 27 |
| relationship with the victim at the
time of the commission of | 28 |
| the offense may be commenced within one year
after the | 29 |
| discovery of the offense by the victim.
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| (f) A prosecution for any offense set forth in Section 44
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| of the "Environmental Protection Act", approved June 29, 1970, | 32 |
| as amended,
may be commenced within 5 years after the discovery | 33 |
| of such
an offense by a person or agency having the legal duty | 34 |
| to report the
offense or in the absence of such discovery, | 35 |
| within 5 years
after the proper prosecuting officer becomes | 36 |
| aware of the offense.
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HB6888 |
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LRB093 18853 RLC 44588 b |
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| (g) (Blank).
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| (h) (Blank).
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| (i) Except as otherwise provided in subdivision (j), a | 4 |
| prosecution for
criminal sexual assault, aggravated criminal
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| sexual assault, or aggravated criminal sexual abuse may be | 6 |
| commenced within 10
years of the commission of the offense if | 7 |
| the victim reported the offense to
law enforcement authorities | 8 |
| within 2 years after the commission of the offense.
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| Nothing in this subdivision (i) shall be construed to
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| shorten a period within which a prosecution must be commenced | 11 |
| under any other
provision of this Section.
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| (j) When the victim is under 18 years of age at the time of | 13 |
| the offense, a
prosecution
for criminal sexual assault, | 14 |
| aggravated criminal sexual assault, predatory
criminal sexual | 15 |
| assault of a child, or aggravated criminal sexual abuse or a
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| prosecution for failure of a person who is required to report | 17 |
| an alleged
or suspected commission of any of these offenses | 18 |
| under the Abused and Neglected
Child Reporting Act may be
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| commenced within 20 years after the child victim attains 18
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| years of age.
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| Nothing in this subdivision (j) shall be construed to
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| shorten a period within which a prosecution must be commenced | 23 |
| under any other
provision of this Section.
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| (Source: P.A. 92-752, eff. 8-2-02;
92-801, eff. 8-16-02; | 25 |
| 93-356, eff. 7-24-03.)
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| (720 ILCS 5/3-7) (from Ch. 38, par. 3-7)
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| Sec. 3-7. Periods
excluded from limitation.
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| The period within which a prosecution must be commenced | 29 |
| does not include
any period in which:
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| (a) The defendant is not usually and publicly resident | 31 |
| within this
State; or
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| (b) The defendant is a public officer or employee and the | 33 |
| offense charged is theft
of public funds while in public office | 34 |
| or employment ; or
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| (c) A prosecution is pending against the defendant for the |
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HB6888 |
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LRB093 18853 RLC 44588 b |
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| same conduct,
even if the indictment or information which | 2 |
| commences the prosecution is
quashed or the proceedings thereon | 3 |
| are set aside, or are reversed on
appeal; or
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| (d) A proceeding or an appeal from a proceeding relating
to | 5 |
| the quashing or enforcement of a Grand Jury subpoena issued in | 6 |
| connection
with an investigation of a violation of a criminal | 7 |
| law of this State is
pending. However, the period within which | 8 |
| a prosecution must be commenced
includes any period in which | 9 |
| the State brings a proceeding or an appeal from a
proceeding | 10 |
| specified in this subsection (d); or
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| (e) A material witness is placed on active military duty or | 12 |
| leave. In
this subsection (e), "material witness" includes, but | 13 |
| is not limited to, the
arresting officer, occurrence witness, | 14 |
| or the alleged victim of the offense.
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| (Source: P.A. 93-417, eff. 8-5-03.)
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