HB1128ham001 99TH GENERAL ASSEMBLY

Rep. Sam Yingling

Filed: 5/18/2016

 

 


 

 


 
09900HB1128ham001LRB099 04972 RLC 48693 a

1
AMENDMENT TO HOUSE BILL 1128

2    AMENDMENT NO. ______. Amend House Bill 1128 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 2012 is amended by
5changing 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,

 

 

09900HB1128ham001- 2 -LRB099 04972 RLC 48693 a

1    aggravated arson, forgery, child pornography under
2    paragraph (1) of subsection (a) of Section 11-20.1,
3    aggravated child pornography under paragraph (1) of
4    subsection (a) of Section 11-20.1B; , or
5        (1.5) any of the following offenses under this Code,
6    when the victim is under 18 years of age at the time of the
7    offense:
8            (i) involuntary servitude under subsection (b) of
9        Section 10-9;
10            (ii) involuntary sexual servitude of a minor under
11        subsection (c) of Section 10-9;
12            (iii) trafficking in persons under subsection (d)
13        of Section 10-9;
14            (iv) indecent solicitation of a child under
15        Section 11-6;
16            (v) indecent solicitation of an adult under
17        Section 11-6.5;
18            (vi) sexual exploitation of a child under Section
19        11-9.1;
20            (vii) permitting sexual abuse of a child under
21        Section 11-9.1A;
22            (viii) failure to report sexual abuse of a child
23        under Section 11-9.1B;
24            (ix) custodial sexual misconduct under Section
25        11-9.2;
26            (x) sexual misconduct with a person with a

 

 

09900HB1128ham001- 3 -LRB099 04972 RLC 48693 a

1        disability under Section 11-9.5;
2            (xi) sexual relations within families under
3        Section 11-11;
4            (xii) solicitation of a sexual act under Section
5        11-14.1;
6            (xiii) promoting prostitution under Section
7        11-14.3;
8            (xiv) promoting juvenile prostitution under
9        Section 11-14.4;
10            (xv) patronizing a prostitute under Section 11-18;
11        or
12            (xvi) patronizing a minor engaged in prostitution
13        under Section 11-18.1; or
14        (2) any offense involving sexual conduct or sexual
15    penetration, as defined by Section 11-0.1 of this Code in
16    which the DNA profile of the offender is obtained and
17    entered into a DNA database within 10 years after the
18    commission of the offense and ,may be commenced at any
19    time. Clause (2) of this subsection (a) applies if either:
20    (i) the victim reported the offense to law enforcement
21    authorities within 3 years after the commission of the
22    offense unless a longer period for reporting the offense to
23    law enforcement authorities is provided in Section 3-6 or
24    (ii) the victim is murdered during the course of the
25    offense or within 2 years after the commission of the
26    offense.

 

 

09900HB1128ham001- 4 -LRB099 04972 RLC 48693 a

1    (b) Unless the statute describing the offense provides
2otherwise, or the period of limitation is extended by Section
33-6, a prosecution for any offense not designated in Subsection
4(a) must be commenced within 3 years after the commission of
5the offense if it is a felony, or within one year and 6 months
6after its commission if it is a misdemeanor.
7(Source: P.A. 98-265, eff. 1-1-14.)
 
8    (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
9    Sec. 3-6. Extended limitations. The period within which a
10prosecution must be commenced under the provisions of Section
113-5 or other applicable statute is extended under the following
12conditions:
13    (a) A prosecution for theft involving a breach of a
14fiduciary obligation to the aggrieved person may be commenced
15as follows:
16        (1) If the aggrieved person is a minor or a person
17    under legal disability, then during the minority or legal
18    disability or within one year after the termination
19    thereof.
20        (2) In any other instance, within one year after the
21    discovery of the offense by an aggrieved person, or by a
22    person who has legal capacity to represent an aggrieved
23    person or has a legal duty to report the offense, and is
24    not himself or herself a party to the offense; or in the
25    absence of such discovery, within one year after the proper

 

 

09900HB1128ham001- 5 -LRB099 04972 RLC 48693 a

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) (Blank). When the victim is under 18 years of age at
14the time of the offense, a prosecution for involuntary
15servitude, involuntary sexual servitude of a minor, or
16trafficking in persons and related offenses under Section 10-9
17of this Code may be commenced within one year of the victim
18attaining the age of 18 years. However, in no such case shall
19the time period for prosecution expire sooner than 3 years
20after the commission of the offense.
21    (c) (Blank).
22    (d) A prosecution for child pornography or , aggravated
23child pornography, indecent solicitation of a child,
24soliciting for a juvenile prostitute, juvenile pimping,
25exploitation of a child, or promoting juvenile prostitution
26except for keeping a place of juvenile prostitution may be

 

 

09900HB1128ham001- 6 -LRB099 04972 RLC 48693 a

1commenced within one year of the victim attaining the age of 18
2years. However, in no such case shall the time period for
3prosecution expire sooner than 3 years after the commission of
4the offense. When the victim is under 18 years of age, a
5prosecution for criminal sexual abuse may be commenced within
6one year of the victim attaining the age of 18 years. However,
7in no such case shall the time period for prosecution expire
8sooner than 3 years after the commission of the offense.
9    (e) Except as otherwise provided in subdivision (j), a
10prosecution for any offense involving sexual conduct or sexual
11penetration, as defined in Section 11-0.1 of this Code, where
12the defendant was within a professional or fiduciary
13relationship or a purported professional or fiduciary
14relationship with the victim at the time of the commission of
15the offense may be commenced within one year after the
16discovery of the offense by the victim.
17    (f) A prosecution for any offense set forth in Section 44
18of the "Environmental Protection Act", approved June 29, 1970,
19as amended, may be commenced within 5 years after the discovery
20of such an offense by a person or agency having the legal duty
21to report the offense or in the absence of such discovery,
22within 5 years after the proper prosecuting officer becomes
23aware of the offense.
24    (f-5) A prosecution for any offense set forth in Section
2516-30 of this Code may be commenced within 5 years after the
26discovery of the offense by the victim of that offense.

 

 

09900HB1128ham001- 7 -LRB099 04972 RLC 48693 a

1    (g) (Blank).
2    (h) (Blank).
3    (i) Except as otherwise provided in subdivision (j), a
4prosecution for criminal sexual assault, aggravated criminal
5sexual assault, or aggravated criminal sexual abuse may be
6commenced within 10 years of the commission of the offense if
7the victim reported the offense to law enforcement authorities
8within 3 years after the commission of the offense.
9    Nothing in this subdivision (i) shall be construed to
10shorten a period within which a prosecution must be commenced
11under any other provision of this Section.
12    (i-5) A prosecution for armed robbery, home invasion,
13kidnapping, or aggravated kidnaping may be commenced within 10
14years of the commission of the offense if it arises out of the
15same course of conduct and meets the criteria under one of the
16offenses in subsection (i) of this Section.
17    (j) (1) When the victim is under 18 years of age at the
18time of the offense, a prosecution for criminal sexual assault,
19aggravated criminal sexual assault, predatory criminal sexual
20assault of a child, aggravated criminal sexual abuse, or felony
21criminal sexual abuse may be commenced at any time when
22corroborating physical evidence is available or an individual
23who is required to report an alleged or suspected commission of
24any of these offenses under the Abused and Neglected Child
25Reporting Act fails to do so.
26    (2) In circumstances other than as described in paragraph

 

 

09900HB1128ham001- 8 -LRB099 04972 RLC 48693 a

1(1) of this subsection (j), when the victim is under 18 years
2of age at the time of the offense, a prosecution for criminal
3sexual assault, aggravated criminal sexual assault, predatory
4criminal sexual assault of a child, aggravated criminal sexual
5abuse, or felony criminal sexual abuse, or a prosecution for
6failure of a person who is required to report an alleged or
7suspected commission of any of these offenses under the Abused
8and Neglected Child Reporting Act may be commenced within 20
9years after the child victim attains 18 years of age.
10    (3) When the victim is under 18 years of age at the time of
11the offense, a prosecution for misdemeanor criminal sexual
12abuse may be commenced within 10 years after the child victim
13attains 18 years of age.
14    (4) Nothing in this subdivision (j) shall be construed to
15shorten a period within which a prosecution must be commenced
16under any other provision of this Section.
17    (j-5) A prosecution for armed robbery, home invasion,
18kidnapping, or aggravated kidnaping may be commenced at any
19time if it arises out of the same course of conduct and meets
20the criteria under one of the offenses in subsection (j) of
21this Section.
22    (k) A prosecution for theft involving real property
23exceeding $100,000 in value under Section 16-1, identity theft
24under subsection (a) of Section 16-30, aggravated identity
25theft under subsection (b) of Section 16-30, or any offense set
26forth in Article 16H or Section 17-10.6 may be commenced within

 

 

09900HB1128ham001- 9 -LRB099 04972 RLC 48693 a

17 years of the last act committed in furtherance of the crime.
2    (l) A prosecution for any offense set forth in Section 26-4
3of this Code may be commenced within one year after the
4discovery of the offense by the victim of that offense.
5(Source: P.A. 98-293, eff. 1-1-14; 98-379, eff. 1-1-14; 98-756,
6eff. 7-16-14; 99-234, eff. 8-3-15.)".