|
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0914 Introduced , by Rep. Thomas M. Bennett SYNOPSIS AS INTRODUCED:
|
| 720 ILCS 5/3-6 | from Ch. 38, par. 3-6 |
|
Amends the Criminal Code of 2012. Extends the statute of limitations for a violation of perjury to 7 years (rather than 3 years). Effective immediately.
| |
| | |
| | A BILL FOR |
|
|
| | HB0914 | | LRB101 07104 SLF 52141 b |
|
|
| 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 |
|
| | HB0914 | - 2 - | LRB101 07104 SLF 52141 b |
|
|
|
| 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 25 years of the victim attaining the |
| 18 | | age of 18 years. |
| 19 | | (c) (Blank).
|
| 20 | | (d) A prosecution for child pornography, aggravated child |
| 21 | | pornography, indecent
solicitation of a
child, soliciting for a |
| 22 | | juvenile prostitute, juvenile pimping,
exploitation of a |
| 23 | | child, or promoting juvenile prostitution except for keeping a |
| 24 | | place of juvenile prostitution may be commenced within one year |
| 25 | | of the victim
attaining the age of 18 years. However, in no |
| 26 | | such case shall the time
period for prosecution expire sooner |
|
| | HB0914 | - 3 - | LRB101 07104 SLF 52141 b |
|
|
|
| 1 | | than 3 years after the commission of
the offense.
|
| 2 | | (e) Except as otherwise provided in subdivision (j), a |
| 3 | | prosecution for
any offense involving sexual conduct or sexual
|
| 4 | | penetration, as defined in Section 11-0.1 of this Code, where |
| 5 | | the defendant
was within a professional or fiduciary |
| 6 | | relationship or a purported
professional or fiduciary |
| 7 | | relationship with the victim at the
time of the commission of |
| 8 | | the offense may be commenced within one year
after the |
| 9 | | discovery of the offense by the victim.
|
| 10 | | (f) A prosecution for any offense set forth in Section 44
|
| 11 | | of the Environmental Protection Act
may be commenced within 5 |
| 12 | | years after the discovery of such
an offense by a person or |
| 13 | | agency having the legal duty to report the
offense or in the |
| 14 | | absence of such discovery, within 5 years
after the proper |
| 15 | | prosecuting officer becomes aware of the offense.
|
| 16 | | (f-5) A prosecution for any offense set forth in Section |
| 17 | | 16-30 of this Code may be commenced within 5 years after the |
| 18 | | discovery of the offense by the victim of that offense.
|
| 19 | | (g) (Blank).
|
| 20 | | (h) (Blank).
|
| 21 | | (i) Except as otherwise provided in subdivision (j), a |
| 22 | | prosecution for
criminal sexual assault, aggravated criminal
|
| 23 | | sexual assault, or aggravated criminal sexual abuse may be |
| 24 | | commenced within 10
years of the commission of the offense if |
| 25 | | the victim reported the offense to
law enforcement authorities |
| 26 | | within 3 years after the commission of the offense. If the |
|
| | HB0914 | - 4 - | LRB101 07104 SLF 52141 b |
|
|
|
| 1 | | victim consented to the collection of evidence using an |
| 2 | | Illinois State Police Sexual Assault Evidence Collection Kit |
| 3 | | under the Sexual Assault Survivors Emergency Treatment Act, it |
| 4 | | shall constitute reporting for purposes of this Section.
|
| 5 | | Nothing in this subdivision (i) shall be construed to
|
| 6 | | shorten a period within which a prosecution must be commenced |
| 7 | | under any other
provision of this Section.
|
| 8 | | (i-5) A prosecution for armed robbery, home invasion, |
| 9 | | kidnapping, or aggravated kidnaping may be commenced within 10 |
| 10 | | years of the commission of the offense if it arises out of the |
| 11 | | same course of conduct and meets the criteria under one of the |
| 12 | | offenses in subsection (i) of this Section. |
| 13 | | (j) (1) When the victim is under 18 years of age at the |
| 14 | | time of the offense, a
prosecution
for criminal sexual assault, |
| 15 | | aggravated criminal sexual assault, predatory
criminal sexual |
| 16 | | assault of a child, aggravated criminal sexual abuse, or felony |
| 17 | | criminal sexual abuse may be commenced at any time. |
| 18 | | (2) When the victim is under 18 years of age at the time of |
| 19 | | the offense, a prosecution for failure of a person who is |
| 20 | | required to report an alleged
or suspected commission of |
| 21 | | criminal sexual assault, aggravated criminal sexual assault, |
| 22 | | predatory criminal sexual assault of a child, aggravated |
| 23 | | criminal sexual abuse, or felony criminal sexual abuse under |
| 24 | | the Abused and Neglected
Child Reporting Act may be
commenced |
| 25 | | within 20 years after the child victim attains 18
years of age. |
| 26 | | (3) When the victim is under 18 years of age at the time of |
|
| | HB0914 | - 5 - | LRB101 07104 SLF 52141 b |
|
|
|
| 1 | | the offense, a
prosecution
for misdemeanor criminal sexual |
| 2 | | abuse may be
commenced within 10 years after the child victim |
| 3 | | attains 18
years of age.
|
| 4 | | (4) Nothing in this subdivision (j) shall be construed to
|
| 5 | | shorten a period within which a prosecution must be commenced |
| 6 | | under any other
provision of this Section.
|
| 7 | | (j-5) A prosecution for armed robbery, home invasion, |
| 8 | | kidnapping, or aggravated kidnaping may be commenced at any |
| 9 | | time if it arises out of the same course of conduct and meets |
| 10 | | the criteria under one of the offenses in subsection (j) of |
| 11 | | this Section. |
| 12 | | (k) (Blank).
|
| 13 | | (l) A prosecution for any offense set forth in Section 26-4 |
| 14 | | of this Code may be commenced within one year after the |
| 15 | | discovery of the offense by the victim of that offense. |
| 16 | | (l-5) A prosecution for any offense involving sexual |
| 17 | | conduct or sexual penetration, as defined in Section 11-0.1 of |
| 18 | | this Code, in which the victim was 18 years of age or older at |
| 19 | | the time of the offense, may be commenced within one year after |
| 20 | | the discovery of the offense by the victim when corroborating |
| 21 | | physical evidence is available. The charging document shall |
| 22 | | state that the statute of limitations is extended under this |
| 23 | | subsection (l-5) and shall state the circumstances justifying |
| 24 | | the extension.
Nothing in this subsection (l-5) shall be |
| 25 | | construed to shorten a period within which a prosecution must |
| 26 | | be commenced under any other provision of this Section or |
|
| | HB0914 | - 6 - | LRB101 07104 SLF 52141 b |
|
|
|
| 1 | | Section 3-5 of this Code. |
| 2 | | (m) The prosecution shall not be required to prove at trial |
| 3 | | facts which extend the general limitations in Section 3-5 of |
| 4 | | this Code when the facts supporting extension of the period of |
| 5 | | general limitations are properly pled in the charging document. |
| 6 | | Any challenge relating to the extension of the general |
| 7 | | limitations period as defined in this Section shall be |
| 8 | | exclusively conducted under Section 114-1 of the Code of |
| 9 | | Criminal Procedure of 1963. |
| 10 | | (n) A prosecution for any offense set forth in subsection |
| 11 | | (a), (b), or (c) of Section 8A-3 or Section 8A-13 of the |
| 12 | | Illinois Public Aid Code, in which the total amount of money |
| 13 | | involved is $5,000 or more, including the monetary value of |
| 14 | | food stamps and the value of commodities under Section 16-1 of |
| 15 | | this Code may be commenced within 5 years of the last act |
| 16 | | committed in furtherance of the offense. |
| 17 | | (o) A prosecution for a violation of Section 32-2 may be |
| 18 | | commenced within 7 years of the last act committed in |
| 19 | | furtherance of the crime. |
| 20 | | (Source: P.A. 99-234, eff. 8-3-15; 99-820, eff. 8-15-16; |
| 21 | | 100-80, eff. 8-11-17; 100-318, eff. 8-24-17; 100-434, eff. |
| 22 | | 1-1-18; 100-863, eff. 8-14-18; 100-998, eff. 1-1-19; 100-1010, |
| 23 | | eff. 1-1-19; 100-1087, eff. 1-1-19; revised 10-9-18.)
|
| 24 | | Section 99. Effective date. This Act takes effect upon |
| 25 | | becoming law.
|