Full Text of HB5021 95th General Assembly
HB5021 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB5021
Introduced , by Rep. Mike Boland SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/3-5 |
from Ch. 38, par. 3-5 |
720 ILCS 5/3-6 |
from Ch. 38, par. 3-6 |
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Amends the Criminal Code of 1961. Provides that the prosecution for criminal sexual assault, aggravated criminal
sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual abuse, or criminal sexual abuse when the victim of any of these offenses is under 18 years of age at the time of the offense, may be commenced at any time.
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A BILL FOR
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HB5021 |
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LRB095 17884 RLC 43964 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 3-5 and 3-6 as follows:
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| (720 ILCS 5/3-5) (from Ch. 38, par. 3-5)
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| 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, or (2) any offense
involving sexual | 16 |
| conduct or sexual penetration as defined by
Section 12-12 of | 17 |
| this Code in which the DNA profile of the offender is
obtained | 18 |
| and entered into a DNA database within 10 years after the | 19 |
| commission
of the offense and the identity of the offender is | 20 |
| unknown after a diligent
investigation by law enforcement | 21 |
| authorities, or (3) criminal sexual assault, aggravated | 22 |
| criminal
sexual assault, predatory criminal sexual assault of a | 23 |
| child, aggravated criminal sexual abuse, or criminal sexual |
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HB5021 |
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LRB095 17884 RLC 43964 b |
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| abuse when the victim of any of these offenses is under 18 | 2 |
| years of age at the time of the offense, may be commenced at | 3 |
| any
time.
Clause (2) of this subsection (a) applies if either: | 4 |
| (i) the victim reported the
offense to law enforcement | 5 |
| authorities within 2 years after the commission
of the offense | 6 |
| unless a longer period for reporting the offense to law
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| enforcement authorities
is provided in Section 3-6 or (ii) the | 8 |
| victim is murdered during the course of the offense or within 2 | 9 |
| years after the commission of the offense.
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| (b) Unless the statute describing the offense provides | 11 |
| otherwise, or the
period of limitation is extended by Section | 12 |
| 3-6, a prosecution for any
offense not designated in Subsection | 13 |
| (a) must be commenced within 3 years
after the commission of | 14 |
| the offense if it is a felony, or within one year
and 6 months | 15 |
| after its commission if it is a misdemeanor.
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| (Source: P.A. 93-834, eff. 7-29-04; 94-487, eff. 11-9-05; | 17 |
| 94-683, eff. 11-9-05.)
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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 | 20 |
| prosecution
must be commenced under the provisions of Section | 21 |
| 3-5 or other applicable
statute is extended under the following | 22 |
| conditions:
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| (a) A prosecution for theft involving a breach of a | 24 |
| fiduciary obligation
to the aggrieved person may be commenced | 25 |
| as follows:
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HB5021 |
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LRB095 17884 RLC 43964 b |
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| (1) If the aggrieved person is a minor or a person | 2 |
| under legal disability,
then during the minority or legal | 3 |
| disability or within one year after the
termination | 4 |
| thereof.
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| (2) In any other instance, within one year after the | 6 |
| discovery of the
offense by an aggrieved person, or by a | 7 |
| person who has legal capacity to
represent an aggrieved | 8 |
| person or has a legal duty to report the offense,
and is | 9 |
| not himself or herself a party to the offense; or in the | 10 |
| absence of such
discovery, within one year after the proper | 11 |
| prosecuting officer becomes
aware of the offense. However, | 12 |
| in no such case is the period of limitation
so extended | 13 |
| more than 3 years beyond the expiration of the period | 14 |
| otherwise
applicable.
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| (b) A prosecution for any offense based upon misconduct in | 16 |
| office by a
public officer or employee may be commenced within | 17 |
| one year after discovery
of the offense by a person having a | 18 |
| legal duty to report such offense, or
in the absence of such | 19 |
| discovery, within one year after the proper
prosecuting officer | 20 |
| becomes aware of the offense. However, in no such case
is the | 21 |
| period of limitation so extended more than 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 | 24 |
| 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 | 26 |
| or sexual
penetration, as defined in Section 12-12 of this |
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HB5021 |
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LRB095 17884 RLC 43964 b |
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| Code, where the victim and
defendant are family members, as | 2 |
| defined in Section 12-12 of this Code, may
be commenced within | 3 |
| 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, | 6 |
| juvenile pimping or
exploitation of a child may be commenced | 7 |
| within one year of the victim
attaining the age of 18 years. | 8 |
| However, in no such case shall the time
period for prosecution | 9 |
| expire sooner than 3 years after the commission of
the offense. | 10 |
| 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 | 12 |
| victim attaining the age of 18 years. However, in no such
case | 13 |
| shall the time period for prosecution expire sooner than 3 | 14 |
| years after
the commission of the offense.
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| (e) Except as otherwise provided in subsection (a) of | 16 |
| Section 3-5 of this
Code and subdivision (j), a prosecution for
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| any offense involving sexual conduct or sexual
penetration, as | 18 |
| defined in Section 12-12 of this Code, where the defendant
was | 19 |
| within a professional or fiduciary relationship or a purported
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| professional or fiduciary relationship with the victim at the
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| time of the commission of the offense may be commenced within | 22 |
| one year
after the 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, | 25 |
| as amended,
may be commenced within 5 years after the discovery | 26 |
| of such
an offense by a person or agency having the legal duty |
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HB5021 |
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LRB095 17884 RLC 43964 b |
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| to report the
offense or in the absence of such discovery, | 2 |
| within 5 years
after the proper prosecuting officer becomes | 3 |
| aware of the offense.
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| (f-5) A prosecution for any offense set forth in Section | 5 |
| 16G-15 or 16G-20 of this Code may be commenced within 5 years | 6 |
| after the discovery of the offense by the victim of that | 7 |
| offense.
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| (g) (Blank).
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| (h) (Blank).
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| (i) Except as otherwise provided in subsection (a) of | 11 |
| Section 3-5 of this
Code and subdivision (j), a prosecution for
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| criminal sexual assault, aggravated criminal
sexual assault, | 13 |
| or aggravated criminal sexual abuse may be commenced within 10
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| years of the commission of the offense if the victim reported | 15 |
| the offense to
law enforcement authorities within 3 years after | 16 |
| 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 | 19 |
| 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 | 21 |
| the offense, a
prosecution
for failure of a person who is | 22 |
| required to report an alleged
or suspected commission of | 23 |
| criminal sexual assault, aggravated criminal sexual assault, | 24 |
| predatory
criminal sexual assault of a child, or aggravated | 25 |
| criminal sexual abuse or a
prosecution for failure of a person | 26 |
| who is required to report an alleged
or suspected commission of |
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HB5021 |
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LRB095 17884 RLC 43964 b |
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| any of these offenses under the Abused and Neglected
Child | 2 |
| Reporting Act may be
commenced within 20 years after the child | 3 |
| victim attains 18
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 | 6 |
| under any other
provision of this Section.
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| (k) A prosecution for theft involving real property | 8 |
| exceeding $100,000 in value under Section 16-1, identity theft | 9 |
| under Section 16G-15, aggravated identity theft under Section | 10 |
| 16G-20, or any offense set forth in Article 16H may be | 11 |
| commenced within 7 years of the last act committed in | 12 |
| furtherance of the crime.
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| (Source: P.A. 94-253, eff. 1-1-06; 94-990, eff. 1-1-07; 95-548, | 14 |
| eff. 8-30-07.)
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