HB 1063 Amended in IL! View new bill text

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5/21/13 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.

(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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