Bill Amendment: IL HB4904 | 2021-2022 | 102nd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: CRIMINAL LAW-TECH
Status: 2022-03-04 - House Floor Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB4904 Detail]
Download: Illinois-2021-HB4904-House_Amendment_001.html
Bill Title: CRIMINAL LAW-TECH
Status: 2022-03-04 - House Floor Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB4904 Detail]
Download: Illinois-2021-HB4904-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 4904
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2 | AMENDMENT NO. ______. Amend House Bill 4904 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Criminal Code of 2012 is amended by | ||||||
5 | changing 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 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 | ||||||
10 | following conditions:
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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 |
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1 | thereof.
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2 | (2) In any other instance, within one year after the | ||||||
3 | discovery of the
offense by an aggrieved person, or by a | ||||||
4 | person who has legal capacity to
represent an aggrieved | ||||||
5 | person or has a legal duty to report the offense,
and is | ||||||
6 | not himself or herself a party to the offense; or in the | ||||||
7 | absence of such
discovery, within one year after the | ||||||
8 | proper prosecuting officer becomes
aware of the offense. | ||||||
9 | However, in no such case is the period of limitation
so | ||||||
10 | extended more than 3 years beyond the expiration of the | ||||||
11 | period otherwise
applicable.
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12 | (b) A prosecution for any offense based upon misconduct in | ||||||
13 | office by a
public officer or employee may be commenced within | ||||||
14 | one year after discovery
of the offense by a person having a | ||||||
15 | legal duty to report such offense, or
in the absence of such | ||||||
16 | discovery, within one year after the proper
prosecuting | ||||||
17 | officer becomes aware of the offense. However, in no such case
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18 | is the period of limitation so extended more than 3 years | ||||||
19 | beyond the
expiration of the period otherwise applicable.
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20 | (b-5) When the victim is under 18 years of age at the time | ||||||
21 | of the offense, a prosecution for involuntary servitude, | ||||||
22 | involuntary sexual servitude of a minor, or trafficking in | ||||||
23 | persons and related offenses under Section 10-9 of this Code | ||||||
24 | may be commenced within 25 years of the victim attaining the | ||||||
25 | age of 18 years. | ||||||
26 | (b-6) When the victim is 18 years of age or over at the |
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1 | time of the offense, a prosecution for involuntary servitude, | ||||||
2 | involuntary sexual servitude of a minor, or trafficking in | ||||||
3 | persons and related offenses under Section 10-9 of this Code | ||||||
4 | may be commenced within 25 years after the commission of the | ||||||
5 | offense. | ||||||
6 | (b-7) When the victim is under 18 years of age at the time | ||||||
7 | of the offense, a prosecution for female genital mutilation | ||||||
8 | may be commenced at any time. | ||||||
9 | (c) (Blank).
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10 | (d) A prosecution for child pornography, aggravated child | ||||||
11 | pornography, indecent
solicitation of a
child, soliciting for | ||||||
12 | a juvenile prostitute, juvenile pimping,
exploitation of a | ||||||
13 | child, or promoting juvenile prostitution except for keeping a | ||||||
14 | place of juvenile prostitution may be commenced within one | ||||||
15 | year of the victim
attaining the age of 18 years. However, in | ||||||
16 | no such case shall the time
period for prosecution expire | ||||||
17 | sooner than 3 years after the commission of
the offense.
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18 | (e) Except as otherwise provided in subdivision (j), a | ||||||
19 | prosecution for
any offense involving sexual conduct or sexual
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20 | penetration, as defined in Section 11-0.1 of this Code, where | ||||||
21 | the defendant
was within a professional or fiduciary | ||||||
22 | relationship or a purported
professional or fiduciary | ||||||
23 | relationship with the victim at the
time of the commission of | ||||||
24 | the offense may be commenced within one year
after the | ||||||
25 | discovery of the offense by the victim.
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26 | (f) A prosecution for any offense set forth in Section 44
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1 | of the Environmental Protection Act
may be commenced within 5 | ||||||
2 | years after the discovery of such
an offense by a person or | ||||||
3 | agency having the legal duty to report the
offense or in the | ||||||
4 | absence of such discovery, within 5 years
after the proper | ||||||
5 | prosecuting officer becomes aware of the offense.
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6 | (f-5) A prosecution for any offense set forth in Section | ||||||
7 | 16-30 of this Code may be commenced within 5 years after the | ||||||
8 | discovery of the offense by the victim of that offense.
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9 | (g) (Blank).
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10 | (h) (Blank).
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11 | (i) Except as otherwise provided in subdivision (j), a | ||||||
12 | prosecution for
criminal sexual assault, aggravated criminal
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13 | sexual assault, or aggravated criminal sexual abuse may be | ||||||
14 | commenced at any time. If the victim consented to the | ||||||
15 | collection of evidence using an Illinois State Police Sexual | ||||||
16 | Assault Evidence Collection Kit under the Sexual Assault | ||||||
17 | Survivors Emergency Treatment Act, it shall constitute | ||||||
18 | reporting for purposes of this Section.
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19 | Nothing in this subdivision (i) shall be construed to
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20 | shorten a period within which a prosecution must be commenced | ||||||
21 | under any other
provision of this Section.
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22 | (i-5) A prosecution for armed robbery, home invasion, | ||||||
23 | kidnapping, or aggravated kidnaping may be commenced within 10 | ||||||
24 | years of the commission of the offense if it arises out of the | ||||||
25 | same course of conduct and meets the criteria under one of the | ||||||
26 | offenses in subsection (i) of this Section. |
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1 | (j) (1) When the victim is under 18 years of age at the | ||||||
2 | time of the offense, a
prosecution
for criminal sexual | ||||||
3 | assault, aggravated criminal sexual assault, predatory
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4 | criminal sexual assault of a child, aggravated criminal sexual | ||||||
5 | abuse, felony criminal sexual abuse, or female genital | ||||||
6 | mutilation may be commenced at any time. | ||||||
7 | (2) When in circumstances other than as described in | ||||||
8 | paragraph (1) of this subsection (j), when the victim is under | ||||||
9 | 18 years of age at the time of the offense, a prosecution for | ||||||
10 | failure of a person who is required to report an alleged
or | ||||||
11 | suspected commission of criminal sexual assault, aggravated | ||||||
12 | criminal sexual assault, predatory criminal sexual assault of | ||||||
13 | a child, aggravated criminal sexual abuse, or felony criminal | ||||||
14 | sexual abuse under the Abused and Neglected
Child Reporting | ||||||
15 | Act may be
commenced within 20 years after the child victim | ||||||
16 | attains 18
years of age. | ||||||
17 | (3) When the victim is under 18 years of age at the time of | ||||||
18 | the offense, a
prosecution
for misdemeanor criminal sexual | ||||||
19 | abuse may be
commenced within 10 years after the child victim | ||||||
20 | attains 18
years of age.
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21 | (4) Nothing in this subdivision (j) shall be construed to
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22 | shorten a period within which a prosecution must be commenced | ||||||
23 | under any other
provision of this Section.
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24 | (j-5) A prosecution for armed robbery, home invasion, | ||||||
25 | kidnapping, or aggravated kidnaping may be commenced at any | ||||||
26 | time if it arises out of the same course of conduct and meets |
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1 | the criteria under one of the offenses in subsection (j) of | ||||||
2 | this Section. | ||||||
3 | (k) (Blank).
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4 | (l) A prosecution for any offense set forth in Section | ||||||
5 | 26-4 of this Code may be commenced within one year after the | ||||||
6 | discovery of the offense by the victim of that offense. | ||||||
7 | (l-5) A prosecution for any offense involving sexual | ||||||
8 | conduct or sexual penetration, as defined in Section 11-0.1 of | ||||||
9 | this Code, in which the victim was 18 years of age or older at | ||||||
10 | the time of the offense, may be commenced within one year after | ||||||
11 | the discovery of the offense by the victim when corroborating | ||||||
12 | physical evidence is available. The charging document shall | ||||||
13 | state that the statute of limitations is extended under this | ||||||
14 | subsection (l-5) and shall state the circumstances justifying | ||||||
15 | the extension.
Nothing in this subsection (l-5) shall be | ||||||
16 | construed to shorten a period within which a prosecution must | ||||||
17 | be commenced under any other provision of this Section or | ||||||
18 | Section 3-5 of this Code. | ||||||
19 | (m) The prosecution shall not be required to prove at | ||||||
20 | trial facts which extend the general limitations in Section | ||||||
21 | 3-5 of this Code when the facts supporting extension of the | ||||||
22 | period of general limitations are properly pled in the | ||||||
23 | charging document. Any challenge relating to the extension of | ||||||
24 | the general limitations period as defined in this Section | ||||||
25 | shall be exclusively conducted under Section 114-1 of the Code | ||||||
26 | of Criminal Procedure of 1963. |
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1 | (n) A prosecution for any offense set forth in subsection | ||||||
2 | (a), (b), or (c) of Section 8A-3 or Section 8A-13 of the | ||||||
3 | Illinois Public Aid Code, in which the total amount of money | ||||||
4 | involved is $5,000 or more, including the monetary value of | ||||||
5 | food stamps and the value of commodities under Section 16-1 of | ||||||
6 | this Code may be commenced within 5 years of the last act | ||||||
7 | committed in furtherance of the offense. | ||||||
8 | (o) A prosecution for aggravated domestic battery under | ||||||
9 | Section 12-3.3 may be commenced within 5 years after the | ||||||
10 | commission of the offense. | ||||||
11 | (Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; | ||||||
12 | 101-130, eff. 1-1-20; 101-285, eff. 1-1-20; 102-558, eff. | ||||||
13 | 8-20-21.)".
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