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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0206 Introduced 1/28/2015, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED:
| | 720 ILCS 5/3-6 | from Ch. 38, par. 3-6 |
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Amends the Criminal Code of 2012. Makes a technical change in a Section
concerning extended statutes of limitations.
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| | A BILL FOR |
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| | SB0206 | | LRB099 03366 RLC 23374 b |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Criminal Code of 2012 is amended by changing |
| 5 | | Section 3-6 as follows:
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| 6 | | (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
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| 7 | | Sec. 3-6. Extended limitations. The
The period within which |
| 8 | | a prosecution
must be commenced under the provisions of Section |
| 9 | | 3-5 or other applicable
statute is extended under the following |
| 10 | | conditions: |
| 11 | | (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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| 14 | | (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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| 18 | | (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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| 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.
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| 5 | | (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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| 12 | | expiration of the period otherwise applicable.
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| 13 | | (b-5) When the victim is under 18 years of age at the time |
| 14 | | of the offense, a prosecution for involuntary servitude, |
| 15 | | involuntary sexual servitude of a minor, or trafficking in |
| 16 | | persons and related offenses under Section 10-9 of this Code |
| 17 | | may be commenced within one year of the victim attaining the |
| 18 | | age of 18 years. However, in no such case shall the time period |
| 19 | | for prosecution expire sooner than 3 years after the commission |
| 20 | | of the offense. |
| 21 | | (c) (Blank).
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| 22 | | (d) A prosecution for child pornography, aggravated child |
| 23 | | pornography, indecent
solicitation of a
child, soliciting for a |
| 24 | | juvenile prostitute, juvenile pimping,
exploitation of a |
| 25 | | child, or promoting juvenile prostitution except for keeping a |
| 26 | | place of juvenile prostitution may be commenced within one year |
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| 1 | | of the victim
attaining the age of 18 years. However, in no |
| 2 | | such case shall the time
period for prosecution expire sooner |
| 3 | | than 3 years after the commission of
the offense. When the |
| 4 | | victim is under 18 years of age, a prosecution for
criminal
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| 5 | | sexual abuse may be commenced within
one year of the victim |
| 6 | | attaining the age of 18 years. However, in no such
case shall |
| 7 | | the time period for prosecution expire sooner than 3 years |
| 8 | | after
the commission of the offense.
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| 9 | | (e) Except as otherwise provided in subdivision (j), a |
| 10 | | prosecution for
any offense involving sexual conduct or sexual
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| 11 | | penetration, as defined in Section 11-0.1 of this Code, where |
| 12 | | the defendant
was within a professional or fiduciary |
| 13 | | relationship or a purported
professional or fiduciary |
| 14 | | relationship with the victim at the
time of the commission of |
| 15 | | the offense may be commenced within one year
after the |
| 16 | | discovery of the offense by the victim.
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| 17 | | (f) A prosecution for any offense set forth in Section 44
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| 18 | | of the "Environmental Protection Act", approved June 29, 1970, |
| 19 | | as amended,
may be commenced within 5 years after the discovery |
| 20 | | of such
an offense by a person or agency having the legal duty |
| 21 | | to report the
offense or in the absence of such discovery, |
| 22 | | within 5 years
after the proper prosecuting officer becomes |
| 23 | | aware of the offense.
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| 24 | | (f-5) A prosecution for any offense set forth in Section |
| 25 | | 16-30 of this Code may be commenced within 5 years after the |
| 26 | | discovery of the offense by the victim of that offense.
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| 1 | | (g) (Blank).
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| 2 | | (h) (Blank).
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| 3 | | (i) Except as otherwise provided in subdivision (j), a |
| 4 | | prosecution for
criminal sexual assault, aggravated criminal
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| 5 | | 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 3 years after the commission of the offense.
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| 9 | | Nothing in this subdivision (i) shall be construed to
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| 10 | | shorten a period within which a prosecution must be commenced |
| 11 | | under any other
provision of this Section.
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| 12 | | (j) (1) When the victim is under 18 years of age at the |
| 13 | | time of the offense, a
prosecution
for criminal sexual assault, |
| 14 | | aggravated criminal sexual assault, predatory
criminal sexual |
| 15 | | assault of a child, aggravated criminal sexual abuse, or felony |
| 16 | | criminal sexual abuse may be commenced at any time when |
| 17 | | corroborating physical evidence is available or an individual |
| 18 | | who is required to report an alleged or suspected commission of |
| 19 | | any of these offenses under the Abused and Neglected Child |
| 20 | | Reporting Act fails to do so. |
| 21 | | (2) In circumstances other than as described in paragraph |
| 22 | | (1) of this subsection (j), when the victim is under 18 years |
| 23 | | of age at the time of the offense, a prosecution for criminal |
| 24 | | sexual assault, aggravated criminal sexual assault, predatory |
| 25 | | criminal sexual assault of a child, aggravated criminal sexual |
| 26 | | abuse, or felony criminal sexual abuse, or a
prosecution for |
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| 1 | | failure of a person who is required to report an alleged
or |
| 2 | | suspected commission of any of these offenses under the Abused |
| 3 | | and Neglected
Child Reporting Act may be
commenced within 20 |
| 4 | | years after the child victim attains 18
years of age. |
| 5 | | (3) When the victim is under 18 years of age at the time of |
| 6 | | the offense, a
prosecution
for misdemeanor criminal sexual |
| 7 | | abuse may be
commenced within 10 years after the child victim |
| 8 | | attains 18
years of age.
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| 9 | | (4) Nothing in this subdivision (j) shall be construed to
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| 10 | | shorten a period within which a prosecution must be commenced |
| 11 | | under any other
provision of this Section.
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| 12 | | (k) A prosecution for theft involving real property |
| 13 | | exceeding $100,000 in value under Section 16-1, identity theft |
| 14 | | under subsection (a) of Section 16-30, aggravated identity |
| 15 | | theft under subsection (b) of Section 16-30, or any offense set |
| 16 | | forth in Article 16H or Section 17-10.6 may be commenced within |
| 17 | | 7 years of the last act committed in furtherance of the crime.
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