Full Text of HB0224 96th General Assembly
HB0224enr 96TH GENERAL ASSEMBLY
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HB0224 Enrolled |
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LRB096 04539 RLC 14594 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, 11-11, and 12-12 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 |
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LRB096 04539 RLC 14594 b |
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| 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.
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| (b) A prosecution for any offense based upon misconduct in | 6 |
| office by a
public officer or employee may be commenced within | 7 |
| one year after discovery
of the offense by a person having a | 8 |
| legal duty to report such offense, or
in the absence of such | 9 |
| discovery, within one year after the proper
prosecuting officer | 10 |
| becomes aware of the offense. However, in no such case
is the | 11 |
| 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) (Blank). Except as otherwise provided in subsection (a) | 14 |
| of 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 | 16 |
| or sexual
penetration, as defined in Section 12-12 of this | 17 |
| Code, where the victim and
defendant are family members, as | 18 |
| defined in Section 12-12 of this Code, may
be commenced within | 19 |
| 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, | 22 |
| juvenile pimping or
exploitation of a child may be commenced | 23 |
| within one year of the victim
attaining the age of 18 years. | 24 |
| However, in no such case shall the time
period for prosecution | 25 |
| expire sooner than 3 years after the commission of
the offense. | 26 |
| When the victim is under 18 years of age, a prosecution for
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LRB096 04539 RLC 14594 b |
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| criminal
sexual abuse may be commenced within
one year of the | 2 |
| victim attaining the age of 18 years. However, in no such
case | 3 |
| shall the time period for prosecution expire sooner than 3 | 4 |
| years after
the commission of the offense.
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| (e) Except as otherwise provided in subdivision (j), a | 6 |
| prosecution for
any offense involving sexual conduct or sexual
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| penetration, as defined in Section 12-12 of this Code, where | 8 |
| the defendant
was within a professional or fiduciary | 9 |
| relationship or a purported
professional or fiduciary | 10 |
| relationship with the victim at the
time of the commission of | 11 |
| the offense may be commenced within one year
after the | 12 |
| 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, | 15 |
| as amended,
may be commenced within 5 years after the discovery | 16 |
| of such
an offense by a person or agency having the legal duty | 17 |
| to report the
offense or in the absence of such discovery, | 18 |
| within 5 years
after the proper prosecuting officer becomes | 19 |
| aware of the offense.
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| (f-5) A prosecution for any offense set forth in Section | 21 |
| 16G-15 or 16G-20 of this Code may be commenced within 5 years | 22 |
| after the discovery of the offense by the victim of that | 23 |
| offense.
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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 |
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LRB096 04539 RLC 14594 b |
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| prosecution for
criminal sexual assault, aggravated criminal
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| sexual assault, or aggravated criminal sexual abuse may be | 3 |
| commenced within 10
years of the commission of the offense if | 4 |
| the victim reported the offense to
law enforcement authorities | 5 |
| within 3 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 | 8 |
| 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 | 10 |
| the offense, a
prosecution
for criminal sexual assault, | 11 |
| aggravated criminal sexual assault, predatory
criminal sexual | 12 |
| assault of a child, or aggravated criminal sexual abuse , or | 13 |
| felony criminal sexual abuse, or a
prosecution for failure of a | 14 |
| person who is required to report an alleged
or suspected | 15 |
| commission of any of these offenses under the Abused and | 16 |
| Neglected
Child Reporting Act may be
commenced within 20 years | 17 |
| after the child victim attains 18
years of age. When the victim | 18 |
| is under 18 years of age at the time of the offense, a
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| prosecution
for misdemeanor criminal sexual abuse may be
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| commenced within 10 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 | 24 |
| under any other
provision of this Section.
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| (k) A prosecution for theft involving real property | 26 |
| exceeding $100,000 in value under Section 16-1, identity theft |
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LRB096 04539 RLC 14594 b |
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| under Section 16G-15, aggravated identity theft under Section | 2 |
| 16G-20, or any offense set forth in Article 16H may be | 3 |
| commenced within 7 years of the last act committed in | 4 |
| 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, | 6 |
| eff. 8-30-07.)
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| (720 ILCS 5/11-11) (from Ch. 38, par. 11-11)
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| Sec. 11-11. Sexual Relations Within Families. | 9 |
| (a) A
person commits sexual relations within families if he | 10 |
| or she:
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| (1) Commits an act of sexual penetration as defined in | 12 |
| Section 12-12
of this Code; and
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| (2) The person knows that he or she is related to the | 14 |
| other person as follows:
(i) Brother or sister, either of | 15 |
| the whole blood or the half blood;
or (ii) Father or | 16 |
| mother, when the child, regardless of
legitimacy and | 17 |
| regardless of whether the child was of the
whole blood or | 18 |
| half-blood or was adopted, was
18 years of age or over when | 19 |
| the act was committed; or (iii) Stepfather
or stepmother, | 20 |
| when the stepchild was 18 years of age or over when the act
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| was committed ; or (iv) Aunt or uncle, when the niece or | 22 |
| nephew was 18 years of age or over when the act
was | 23 |
| committed; or (v) Great-aunt or great-uncle, when the | 24 |
| grand-niece or grand-nephew was 18 years of age or over | 25 |
| when the act
was committed; or (vi) Grandparent or |
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LRB096 04539 RLC 14594 b |
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| step-grandparent, when the grandchild or step-grandchild | 2 |
| was 18 years of age or over when the act was committed .
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| (b) Sentence. Sexual relations within families
is a Class 3 | 4 |
| felony.
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| (Source: P.A. 84-1280.)
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| (720 ILCS 5/12-12) (from Ch. 38, par. 12-12)
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| Sec. 12-12. Definitions. For the purposes of Sections 12-13 | 8 |
| through
12-18 of this Code, the terms used in these Sections | 9 |
| shall have the following
meanings ascribed to them:
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| (a) "Accused" means a person accused of an offense | 11 |
| prohibited by Sections
12-13, 12-14, 12-15 or 12-16 of this | 12 |
| Code or a person for whose conduct
the accused is legally | 13 |
| responsible under Article 5 of this Code.
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| (b) "Bodily harm" means physical harm, and includes, but is | 15 |
| not limited
to, sexually transmitted disease, pregnancy and | 16 |
| impotence.
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| (c) "Family member" means a parent, grandparent, or
child, | 18 |
| aunt, uncle, great-aunt, or great-uncle, whether by whole | 19 |
| blood, half-blood or adoption , and
includes a | 20 |
| step-grandparent, step-parent , or step-child.
"Family member" | 21 |
| also means, where the victim is a child under 18 years of
age, | 22 |
| an accused who has
resided in the household with such child | 23 |
| continuously for at least 6 months one year .
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| (d) "Force or threat of force" means the use of force
or | 25 |
| violence, or the threat of force or violence, including but
not |
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| limited to the following situations:
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| (1) when the accused threatens to use force or violence | 3 |
| on the
victim or on any other person, and the victim under | 4 |
| the circumstances
reasonably believed that the accused had | 5 |
| the ability to execute that threat; or
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| (2) when the accused has overcome the victim by use of | 7 |
| superior strength
or size, physical restraint or physical | 8 |
| confinement.
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| (e) "Sexual conduct" means any intentional or knowing | 10 |
| touching or fondling
by the victim or the accused, either | 11 |
| directly or through clothing, of the
sex organs, anus or breast | 12 |
| of the victim or the accused, or any part of
the body of a child | 13 |
| under 13 years of age, or any transfer or transmission of
semen | 14 |
| by the accused upon any part of the clothed or unclothed body | 15 |
| of the
victim, for the purpose of sexual
gratification or | 16 |
| arousal of the victim or the accused.
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| (f) "Sexual penetration" means any contact, however | 18 |
| slight, between the
sex organ or anus of one person by an | 19 |
| object, the sex organ,
mouth or anus of another person,
or any | 20 |
| intrusion, however slight, of any part of the body of one | 21 |
| person or
of any animal or object into the sex organ or anus of | 22 |
| another person,
including but not limited to cunnilingus, | 23 |
| fellatio or anal penetration.
Evidence of emission of semen is | 24 |
| not required to prove sexual penetration.
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| (g) "Victim" means a person alleging to have been subjected | 26 |
| to an offense
prohibited by Sections 12-13, 12-14, 12-15 or |
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LRB096 04539 RLC 14594 b |
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| 12-16 of this Code.
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| (Source: P.A. 91-116, eff. 1-1-00.)
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