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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3373
Introduced 2/24/2009, by Rep. Tom Cross SYNOPSIS AS INTRODUCED:
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720 ILCS 5/3-6 |
from Ch. 38, par. 3-6 |
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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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HB3373 |
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LRB096 07910 RLC 18013 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing |
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| Section 3-6 as follows:
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| (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
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| Sec. 3-6. Extended limitations. The
The period within which |
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| a prosecution
must be commenced under the provisions of Section |
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| 3-5 or other applicable
statute is extended under the following |
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| conditions: |
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| (a) A prosecution for theft involving a breach of a |
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| fiduciary obligation
to the aggrieved person may be commenced |
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| as follows:
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| (1) If the aggrieved person is a minor or a person |
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| under legal disability,
then during the minority or legal |
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| disability or within one year after the
termination |
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| thereof.
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| (2) In any other instance, within one year after the |
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| discovery of the
offense by an aggrieved person, or by a |
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| person who has legal capacity to
represent an aggrieved |
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| person or has a legal duty to report the offense,
and is |
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| not himself or herself a party to the offense; or in the |
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| absence of such
discovery, within one year after the proper |
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HB3373 |
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LRB096 07910 RLC 18013 b |
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| prosecuting officer becomes
aware of the offense. However, |
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| in no such case is the period of limitation
so extended |
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| more than 3 years beyond the expiration of the period |
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| otherwise
applicable.
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| (b) A prosecution for any offense based upon misconduct in |
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| office by a
public officer or employee may be commenced within |
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| one year after discovery
of the offense by a person having a |
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| legal duty to report such offense, or
in the absence of such |
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| discovery, within one year after the proper
prosecuting officer |
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| becomes aware of the offense. However, in no such case
is the |
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| period of limitation so extended more than 3 years beyond the
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| expiration of the period otherwise applicable.
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| (c) Except as otherwise provided in subsection (a) of |
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| Section 3-5 of this
Code and subdivision (i) or (j) of this
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| Section, a
prosecution for any offense involving sexual conduct |
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| or sexual
penetration, as defined in Section 12-12 of this |
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| Code, where the victim and
defendant are family members, as |
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| defined in Section 12-12 of this Code, may
be commenced within |
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| one year of the victim attaining the age of 18 years.
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| (d) A prosecution for child pornography, indecent
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| solicitation of a
child, soliciting for a juvenile prostitute, |
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| juvenile pimping or
exploitation of a child may be commenced |
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| within one year of the victim
attaining the age of 18 years. |
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| However, in no such case shall the time
period for prosecution |
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| expire sooner than 3 years after the commission of
the offense. |
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| When the victim is under 18 years of age, a prosecution for
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HB3373 |
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LRB096 07910 RLC 18013 b |
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| criminal
sexual abuse may be commenced within
one year of the |
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| victim attaining the age of 18 years. However, in no such
case |
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| shall the time period for prosecution expire sooner than 3 |
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| years after
the commission of the offense.
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| (e) Except as otherwise provided in subdivision (j), a |
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| prosecution for
any offense involving sexual conduct or sexual
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| penetration, as defined in Section 12-12 of this Code, where |
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| the defendant
was within a professional or fiduciary |
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| relationship or a purported
professional or fiduciary |
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| relationship with the victim at the
time of the commission of |
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| the offense may be commenced within one year
after the |
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| discovery of the offense by the victim.
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| (f) A prosecution for any offense set forth in Section 44
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| of the "Environmental Protection Act", approved June 29, 1970, |
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| as amended,
may be commenced within 5 years after the discovery |
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| of such
an offense by a person or agency having the legal duty |
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| to report the
offense or in the absence of such discovery, |
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| within 5 years
after the proper prosecuting officer becomes |
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| aware of the offense.
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| (f-5) A prosecution for any offense set forth in Section |
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| 16G-15 or 16G-20 of this Code may be commenced within 5 years |
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| after the discovery of the offense by the victim of that |
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| offense.
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| (g) (Blank).
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| (h) (Blank).
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| (i) Except as otherwise provided in subdivision (j), a |
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HB3373 |
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LRB096 07910 RLC 18013 b |
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| prosecution for
criminal sexual assault, aggravated criminal
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| sexual assault, or aggravated criminal sexual abuse may be |
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| commenced within 10
years of the commission of the offense if |
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| the victim reported the offense to
law enforcement authorities |
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| within 3 years after the commission of the offense.
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| Nothing in this subdivision (i) shall be construed to
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| shorten a period within which a prosecution must be commenced |
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| under any other
provision of this Section.
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| (j) When the victim is under 18 years of age at the time of |
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| the offense, a
prosecution
for criminal sexual assault, |
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| aggravated criminal sexual assault, predatory
criminal sexual |
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| assault of a child, or aggravated criminal sexual abuse or a
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| prosecution for failure of a person who is required to report |
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| an alleged
or suspected commission of any of these offenses |
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| under the Abused and Neglected
Child Reporting Act may be
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| commenced within 20 years after the child victim attains 18
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| years of age.
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| Nothing in this subdivision (j) shall be construed to
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| shorten a period within which a prosecution must be commenced |
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| under any other
provision of this Section.
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| (k) A prosecution for theft involving real property |
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| exceeding $100,000 in value under Section 16-1, identity theft |
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| under Section 16G-15, aggravated identity theft under Section |
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| 16G-20, or any offense set forth in Article 16H may be |
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| commenced within 7 years of the last act committed in |
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| furtherance of the crime.
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