Bill Text: IL HB2435 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Criminal Code of 2012. Provides that 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 regardless as to whether 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 Reporting Act fails to do so. Provides that 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 at any time (rather than within 20 years after the victim attains 18 years of age). Provides that 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 20 (rather than 10) years after the child victim attains 18 years of age. Makes conforming changes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2017-03-31 - Rule 19(a) / Re-referred to Rules Committee [HB2435 Detail]

Download: Illinois-2017-HB2435-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2435

Introduced , by Rep. Keith R. Wheeler

SYNOPSIS AS INTRODUCED:
720 ILCS 5/3-6 from Ch. 38, par. 3-6

Amends the Criminal Code of 2012. Provides that 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 regardless as to whether 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 Reporting Act fails to do so. Provides that 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 at any time (rather than within 20 years after the victim attains 18 years of age). Provides that 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 20 (rather than 10) years after the child victim attains 18 years of age. Makes conforming changes.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Criminal Code of 2012 is amended by changing
5Section 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
8prosecution must be commenced under the provisions of Section
93-5 or other applicable statute is extended under the following
10conditions:
11 (a) A prosecution for theft involving a breach of a
12fiduciary obligation to the aggrieved person may be commenced
13as 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

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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
6office by a public officer or employee may be commenced within
7one year after discovery of the offense by a person having a
8legal duty to report such offense, or in the absence of such
9discovery, within one year after the proper prosecuting officer
10becomes aware of the offense. However, in no such case is the
11period of limitation so extended more than 3 years beyond the
12expiration of the period otherwise applicable.
13 (b-5) When the victim is under 18 years of age at the time
14of the offense, a prosecution for involuntary servitude,
15involuntary sexual servitude of a minor, or trafficking in
16persons and related offenses under Section 10-9 of this Code
17may be commenced within one year of the victim attaining the
18age of 18 years. However, in no such case shall the time period
19for prosecution expire sooner than 3 years after the commission
20of the offense.
21 (c) (Blank).
22 (d) A prosecution for child pornography, aggravated child
23pornography, indecent solicitation of a child, soliciting for a
24juvenile prostitute, juvenile pimping, exploitation of a
25child, or promoting juvenile prostitution except for keeping a
26place of juvenile prostitution may be commenced within one year

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1of the victim attaining the age of 18 years. However, in no
2such case shall the time period for prosecution expire sooner
3than 3 years after the commission of the offense. When the
4victim is under 18 years of age, a prosecution for criminal
5sexual abuse may be commenced within one year of the victim
6attaining the age of 18 years. However, in no such case shall
7the time period for prosecution expire sooner than 3 years
8after the commission of the offense.
9 (e) Except as otherwise provided in subdivision (j), a
10prosecution for any offense involving sexual conduct or sexual
11penetration, as defined in Section 11-0.1 of this Code, where
12the defendant was within a professional or fiduciary
13relationship or a purported professional or fiduciary
14relationship with the victim at the time of the commission of
15the offense may be commenced within one year after the
16discovery of the offense by the victim.
17 (f) A prosecution for any offense set forth in Section 44
18of the "Environmental Protection Act", approved June 29, 1970,
19as amended, may be commenced within 5 years after the discovery
20of such an offense by a person or agency having the legal duty
21to report the offense or in the absence of such discovery,
22within 5 years after the proper prosecuting officer becomes
23aware of the offense.
24 (f-5) A prosecution for any offense set forth in Section
2516-30 of this Code may be commenced within 5 years after the
26discovery of the offense by the victim of that offense.

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1 (g) (Blank).
2 (h) (Blank).
3 (i) Except as otherwise provided in subdivision (j), a
4prosecution for criminal sexual assault, aggravated criminal
5sexual assault, or aggravated criminal sexual abuse may be
6commenced within 10 years of the commission of the offense if
7the victim reported the offense to law enforcement authorities
8within 3 years after the commission of the offense.
9 Nothing in this subdivision (i) shall be construed to
10shorten a period within which a prosecution must be commenced
11under any other provision of this Section.
12 (i-5) A prosecution for armed robbery, home invasion,
13kidnapping, or aggravated kidnaping may be commenced within 10
14years of the commission of the offense if it arises out of the
15same course of conduct and meets the criteria under one of the
16offenses in subsection (i) of this Section.
17 (j) (1) When the victim is under 18 years of age at the
18time of the offense, a prosecution for criminal sexual assault,
19aggravated criminal sexual assault, predatory criminal sexual
20assault of a child, aggravated criminal sexual abuse, or felony
21criminal sexual abuse, or failure of a person who is required
22to report an alleged or suspected commission of any of these
23offenses under the Abused and Neglected Child Reporting Act may
24be commenced at any time when corroborating physical evidence
25is available or an individual who is required to report an
26alleged or suspected commission of any of these offenses under

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1the Abused and Neglected Child Reporting Act fails to do so.
2 (2) (Blank). In circumstances other than as described in
3paragraph (1) of this subsection (j), when the victim is under
418 years of age at the time of the offense, a prosecution for
5criminal sexual assault, aggravated criminal sexual assault,
6predatory criminal sexual assault of a child, aggravated
7criminal sexual abuse, or felony criminal sexual abuse, or a
8prosecution for failure of a person who is required to report
9an alleged or suspected commission of any of these offenses
10under the Abused and Neglected Child Reporting Act may be
11commenced within 20 years after the child victim attains 18
12years of age.
13 (3) When the victim is under 18 years of age at the time of
14the offense, a prosecution for misdemeanor criminal sexual
15abuse may be commenced within 20 10 years after the child
16victim attains 18 years of age.
17 (4) Nothing in this subdivision (j) shall be construed to
18shorten a period within which a prosecution must be commenced
19under any other provision of this Section.
20 (j-5) A prosecution for armed robbery, home invasion,
21kidnapping, or aggravated kidnaping may be commenced at any
22time if it arises out of the same course of conduct and meets
23the criteria under one of the offenses in subsection (j) of
24this Section.
25 (k) (Blank).
26 (l) A prosecution for any offense set forth in Section 26-4

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1of this Code may be commenced within one year after the
2discovery of the offense by the victim of that offense.
3(Source: P.A. 98-293, eff. 1-1-14; 98-379, eff. 1-1-14; 98-756,
4eff. 7-16-14; 99-234, eff. 8-3-15; 99-820, eff. 8-15-16.)
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