99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB1418

Introduced , by Rep. Ann Williams - Barbara Wheeler - Kelly M. Cassidy - John M. Cabello

SYNOPSIS AS INTRODUCED:

720 ILCS 5/3-6 from Ch. 38, par. 3-6

Amends the Criminal Code of 2012. Provides that a prosecution for armed robbery, home invasion, kidnapping, or aggravated kidnaping may be commenced within 10 years of the commission of the offense if it arises out

of the same course of conduct and meets the criteria for a prosecution for

criminal sexual assault, aggravated criminal
sexual assault, or aggravated

criminal sexual abuse. Provides that a prosecution for armed robbery, home invasion, kidnapping, or aggravated kidnaping may be commenced at any time if it arises out of the same course of conduct and meets the criteria when

the victim is under 18 years of age at the time of the offense, for a

prosecution
for criminal sexual assault, aggravated criminal sexual

assault, predatory
criminal sexual assault of a child, aggravated criminal

sexual abuse, or felony criminal sexual abuse. Effective immediately.

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A BILL FOR

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1 AN ACT concerning criminal law.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Criminal Code of 2012 is amended by changing

5 Section 3-6 as follows:

6 (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)

7 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:

11 (a) A prosecution for theft involving a breach of a

12 fiduciary obligation to the aggrieved person may be commenced

13 as follows:

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.

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.

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

12 expiration of the period otherwise applicable.

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).

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

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.

9 (e) Except as otherwise provided in subdivision (j), a

10 prosecution for any offense involving sexual conduct or sexual

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.

17 (f) A prosecution for any offense set forth in Section 44

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.

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).

2 (h) (Blank).

3 (i) Except as otherwise provided in subdivision (j), a

4 prosecution for criminal sexual assault, aggravated criminal

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.

9 Nothing in this subdivision (i) shall be construed to

10 shorten a period within which a prosecution must be commenced

11 under any other provision of this Section.

12 (i-5) A prosecution for armed robbery, home invasion,

13 kidnapping, or aggravated kidnaping may be commenced within 10

14 years of the commission of the offense if it arises out of the

15 same course of conduct and meets the criteria under one of the

16 offenses in subsection (i) of this Section.

17 (j) (1) When the victim is under 18 years of age at the

18 time of the offense, a prosecution for criminal sexual assault,

19 aggravated criminal sexual assault, predatory criminal sexual

20 assault of a child, aggravated criminal sexual abuse, or felony

21 criminal sexual abuse may be commenced at any time when

22 corroborating physical evidence is available or an individual

23 who is required to report an alleged or suspected commission of

24 any of these offenses under the Abused and Neglected Child

25 Reporting Act fails to do so.

26 (2) In circumstances other than as described in paragraph

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1 (1) of this subsection (j), when the victim is under 18 years

2 of age at the time of the offense, a prosecution for criminal

3 sexual assault, aggravated criminal sexual assault, predatory

4 criminal sexual assault of a child, aggravated criminal sexual

5 abuse, or felony criminal sexual abuse, or a prosecution for

6 failure of a person who is required to report an alleged or

7 suspected commission of any of these offenses under the Abused

8 and Neglected Child Reporting Act may be commenced within 20

9 years after the child victim attains 18 years of age.

10 (3) When the victim is under 18 years of age at the time of

11 the offense, a prosecution for misdemeanor criminal sexual

12 abuse may be commenced within 10 years after the child victim

13 attains 18 years of age.

14 (4) Nothing in this subdivision (j) shall be construed to

15 shorten a period within which a prosecution must be commenced

16 under any other provision of this Section.

17 (j-5) A prosecution for armed robbery, home invasion,

18 kidnapping, or aggravated kidnaping may be commenced at any

19 time if it arises out of the same course of conduct and meets

20 the criteria under one of the offenses in subsection (j) of

21 this Section.

22 (k) A prosecution for theft involving real property

23 exceeding $100,000 in value under Section 16-1, identity theft

24 under subsection (a) of Section 16-30, aggravated identity

25 theft under subsection (b) of Section 16-30, or any offense set

26 forth in Article 16H or Section 17-10.6 may be commenced within

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1 7 years of the last act committed in furtherance of the crime.

2 (l) A prosecution for any offense set forth in Section 26-4

3 of this Code may be commenced within one year after the

4 discovery of the offense by the victim of that offense.

5 (Source: P.A. 97-597, eff. 1-1-12; 97-897, eff. 1-1-13; 98-293,

6 eff. 1-1-14; 98-379, eff. 1-1-14; 98-756, eff. 7-16-14.)

7 Section 99. Effective date. This Act takes effect upon

8 becoming law.