Bill Text: IL HB3372 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 1961. Makes a technical change in a Section concerning extended statutes of limitations.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-04-03 - Rule 19(a) / Re-referred to Rules Committee [HB3372 Detail]

Download: Illinois-2009-HB3372-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB3372 Introduced 2/24/2009, by Rep. Tom Cross SYNOPSIS AS INTRODUCED:
720 ILCS 5/3-6 from Ch. 38, par. 3-6
Amends the Criminal Code of 1961. Makes a technical change in a Section concerning extended statutes of limitations.
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A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by changing
Section 3-6 as follows:
(720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
Sec. 3-6. Extended limitations. The period within which a
prosecution must be commenced under the provisions of Section
3-5 or other applicable statute is extended under the following
conditions:
(a) A prosecution for theft involving a breach of a
fiduciary obligation to the aggrieved person may be commenced
as follows:
(1) If the aggrieved person is a minor or a person
under legal disability, then during the minority or legal
disability or within one year after the termination
thereof.
(2) In any other instance, within one year after the
discovery of the offense by an aggrieved person, or by a
person who has legal capacity to represent an aggrieved
person or has a legal duty to report the offense, and and
is not himself or herself a party to the offense; or in the
absence of such discovery, within one year after the proper

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prosecuting officer becomes aware of the offense. However,
in no such case is the period of limitation so extended
more than 3 years beyond the expiration of the period
otherwise applicable.
(b) A prosecution for any offense based upon misconduct in
office by a public officer or employee may be commenced within
one year after discovery of the offense by a person having a
legal duty to report such offense, or in the absence of such
discovery, within one year after the proper prosecuting officer
becomes aware of the offense. However, in no such case is the
period of limitation so extended more than 3 years beyond the
expiration of the period otherwise applicable.
(c) Except as otherwise provided in subsection (a) of
Section 3-5 of this Code and subdivision (i) or (j) of this
Section, a prosecution for any offense involving sexual conduct
or sexual penetration, as defined in Section 12-12 of this
Code, where the victim and defendant are family members, as
defined in Section 12-12 of this Code, may be commenced within
one year of the victim attaining the age of 18 years.
(d) A prosecution for child pornography, indecent
solicitation of a child, soliciting for a juvenile prostitute,
juvenile pimping or exploitation of a child may be commenced
within one year of the victim attaining the age of 18 years.
However, in no such case shall the time period for prosecution
expire sooner than 3 years after the commission of the offense.
When the victim is under 18 years of age, a prosecution for

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criminal sexual abuse may be commenced within one year of the
victim attaining the age of 18 years. However, in no such case
shall the time period for prosecution expire sooner than 3
years after the commission of the offense.
(e) Except as otherwise provided in subdivision (j), a
prosecution for any offense involving sexual conduct or sexual
penetration, as defined in Section 12-12 of this Code, where
the defendant was within a professional or fiduciary
relationship or a purported professional or fiduciary
relationship with the victim at the time of the commission of
the offense may be commenced within one year after the
discovery of the offense by the victim.
(f) A prosecution for any offense set forth in Section 44
of the "Environmental Protection Act", approved June 29, 1970,
as amended, may be commenced within 5 years after the discovery
of such an offense by a person or agency having the legal duty
to report the offense or in the absence of such discovery,
within 5 years after the proper prosecuting officer becomes
aware of the offense.
(f-5) A prosecution for any offense set forth in Section
16G-15 or 16G-20 of this Code may be commenced within 5 years
after the discovery of the offense by the victim of that
offense.
(g) (Blank).
(h) (Blank).
(i) Except as otherwise provided in subdivision (j), a

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prosecution for criminal sexual assault, aggravated criminal
sexual assault, or aggravated criminal sexual abuse may be
commenced within 10 years of the commission of the offense if
the victim reported the offense to law enforcement authorities
within 3 years after the commission of the offense.
Nothing in this subdivision (i) shall be construed to
shorten a period within which a prosecution must be commenced
under any other provision of this Section.
(j) When the victim is under 18 years of age at the time of
the offense, a prosecution for criminal sexual assault,
aggravated criminal sexual assault, predatory criminal sexual
assault of a child, or aggravated criminal sexual abuse or a
prosecution for failure of a person who is required to report
an alleged or suspected commission of any of these offenses
under the Abused and Neglected Child Reporting Act may be
commenced within 20 years after the child victim attains 18
years of age.
Nothing in this subdivision (j) shall be construed to
shorten a period within which a prosecution must be commenced
under any other provision of this Section.
(k) A prosecution for theft involving real property
exceeding $100,000 in value under Section 16-1, identity theft
under Section 16G-15, aggravated identity theft under Section
16G-20, or any offense set forth in Article 16H may be
commenced within 7 years of the last act committed in
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,
eff. 8-30-07.)