Bill Text: IL HB1063 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Criminal Code of 2012. Provides that a prosecution for any sex offense may be commenced at any time if the victim was under 18 years of age at the time of the offense.

Spectrum: Moderate Partisan Bill (Democrat 31-4)

Status: (Passed) 2013-08-16 - Public Act . . . . . . . . . 98-0379 [HB1063 Detail]

Download: Illinois-2013-HB1063-Amended.html

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Sen. Jacqueline Y. Collins

Filed: 5/21/2013

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AMENDMENT TO HOUSE BILL 1063
AMENDMENT NO. ______. Amend House Bill 1063 by replacing
everything after the enacting clause with the following:
"Section 5. The Criminal Code of 2012 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

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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 is
not himself or herself a party to the 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.
(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.
(b-5) When the victim is under 18 years of age at the time
of the offense, a prosecution for involuntary servitude,
involuntary sexual servitude of a minor, or trafficking in
persons and related offenses under Section 10-9 of this Code
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

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of the offense.
(c) (Blank).
(d) A prosecution for child pornography, aggravated child
pornography, indecent solicitation of a child, soliciting for a
juvenile prostitute, juvenile pimping, exploitation of a
child, or promoting juvenile prostitution except for keeping a
place of juvenile prostitution 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 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 11-0.1 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

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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
16-30 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
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) (1) 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, aggravated criminal sexual abuse, or felony
criminal sexual abuse may be commenced at any time when
corroborating physical evidence is available or an individual
who is required to report an alleged or suspected commission of
any of these offenses under the Abused and Neglected Child

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Reporting Act fails to do so.
(2) In circumstances other than as described in paragraph
(1) of this subsection (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, aggravated criminal sexual
abuse, or felony 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.
(3) When the victim is under 18 years of age at the time of
the offense, a prosecution for misdemeanor criminal sexual
abuse may be commenced within 10 years after the child victim
attains 18 years of age.
(4) 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 subsection (a) of Section 16-30, aggravated identity
theft under subsection (b) of Section 16-30, or any offense set
forth in Article 16H or Section 17-10.6 may be commenced within
7 years of the last act committed in furtherance of the crime.
(Source: P.A. 96-233, eff. 1-1-10; 96-1551, Article 2, Section
1035, eff. 7-1-11; 96-1551, Article 10, Section 10-140, eff.

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7-1-11; 97-597, eff. 1-1-12; 97-897, eff. 1-1-13.)".