Blog – Page 158 – SOL Reform

HB 1063 Amended in IL! View new bill text

May 21, 2013/in Illinois /by SOL Reform

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5/21/13 AMENDMENT TO HOUSE BILL 1063

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AMENDMENT NO. ______. Amend House Bill 1063 by replacing

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everything after the enacting clause with the following:

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“Section 5. The Criminal Code of 2012 is amended by

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changing 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 period within which a

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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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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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(b-5) When the victim is under 18 years of age at the time

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of the offense, a prosecution for involuntary servitude,

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involuntary sexual servitude of a minor, or trafficking in

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persons and related offenses under Section 10-9 of this Code

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may be commenced within one year of the victim attaining the

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age of 18 years. However, in no such case shall the time period

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for prosecution expire sooner than 3 years after the commission

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of the offense.

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(c) (Blank).

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(d) A prosecution for child pornography, aggravated child

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pornography, indecent solicitation of a child, soliciting for a

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juvenile prostitute, juvenile pimping, exploitation of a

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child, or promoting juvenile prostitution except for keeping a

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place of juvenile prostitution may be commenced within one year

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of the victim attaining the age of 18 years. However, in no

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such case shall the time period for prosecution expire sooner

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than 3 years after the commission of the offense. When the

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victim is under 18 years of age, a prosecution for criminal

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sexual abuse may be commenced within one year of the victim

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attaining the age of 18 years. However, in no such case shall

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the time period for prosecution expire sooner than 3 years

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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 11-0.1 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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16-30 of this Code may be commenced within 5 years after the

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discovery of the offense by the victim of that 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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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) (1) When the victim is under 18 years of age at the

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time of 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, aggravated criminal sexual abuse, or felony

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criminal sexual abuse may be commenced at any time when

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corroborating physical evidence is available or an individual

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who is required to report an alleged or suspected commission of

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any of these offenses under the Abused and Neglected Child

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Reporting Act fails to do so.

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(2) In circumstances other than as described in paragraph

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(1) of this subsection (j), when the victim is under 18 years

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of age at the time of the offense, a prosecution for criminal

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sexual assault, aggravated criminal sexual assault, predatory

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criminal sexual assault of a child, aggravated criminal sexual

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abuse, or felony criminal sexual abuse, or a prosecution for

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failure of a person who is required to report an alleged or

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suspected commission of any of these offenses under the Abused

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and Neglected Child Reporting Act may be commenced within 20

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years after the child victim attains 18 years of age.

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(3) When the victim is under 18 years of age at the time of

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the offense, a prosecution for misdemeanor criminal sexual

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abuse may be commenced within 10 years after the child victim

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attains 18 years of age.

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(4) 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 subsection (a) of Section 16-30, aggravated identity

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theft under subsection (b) of Section 16-30, or any offense set

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forth in Article 16H or Section 17-10.6 may be commenced within

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7 years of the last act committed in furtherance of the crime.

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(Source: P.A. 96-233, eff. 1-1-10; 96-1551, Article 2, Section

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1035, eff. 7-1-11; 96-1551, Article 10, Section 10-140, eff.

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PA Residents Action Alert to get movement on SOL reform!

May 20, 2013/in Pennsylvania /by SOL Reform

PA residents, especially constituents, please EMAIL Rep. Turzai at Mturzai@pahousegop.com the following this week:

Dear Rep. Turzai:
I am contacting you to urge you to let HB 342 with the McGeehan and Rozzi amendments go to the House Floor. You have the power to protect kids with this simple decision.

The McGeehan and Rozzi amendments give victims of child sex abuse access to justice. HB342 protects the privacy of child victims. Together, they tip the balance away from child predators and more fairly toward victims.

Mturzai@pahousegop.com

Figure out who your PA representative is

Vermont to lengthen statute of limitations for sex crimes against children

May 18, 2013/in Vermont /by SOL Reform

BENNINGTON and ALBANY–Mark Lyman lives and breathes the Statute of Limitations in New York. Both as an advocate for people who have been sexually abused and as a victim himself. Prosecutors in the Empire State have a five year window after a sexual abuse victim turns 18 or five years after it is reported–whichever comes first.

“A significant number of people go into their 30s, 40s and even 50s before they decide to come forward or even remember of the sexual abuse,” explains Mark Lyman of the Survivors Network of those Abused by Priests, or SNAP, in Albany.

Vermont, however, accomplished what New York has not. Just this week in Montpelier, the House and Senate increased the statute of limitations for sexual abuse against a child from 24 years to 40.

“This is clearly having an effect on our ability to protect today’s children and really to do something about it,” says Christina Rainville, Bennington County’s Chief Deputy State’s Attorney and the prosecutor who helped legislators draft the bill.

Rainville believes the change was necessary because children are often too fearful to report abuse at the hands of an authority figure. They also don’t always realize–or remember–that it occurred, especially with young children. And for those who do, reliving the pain necessary for a successful prosecution isn’t always possible.

“A huge percentage develop PTSD. They physically and neurologically aren’t capable of dealing with the trauma. They can’t talk and anything that reminds them sets off the triggers,” adds Rainville.

Back in Albany, where the Legislative Session is nearing wraps, Lyman hopes New York notes and acts after Montpelier’s progress.

“We need it. We’ve been asking for this legislation for many years but the time has come. We need this legislation now.”

Vermont’s Governor Peter Shumlin has not signed the bill yet but according to Rainville, she hasn’t heard that he won’t.

In previous years, New York’s Assembly approved a statute of limitations change but the Senate did not.

Sexual abuse advocates say no statute of limitations at all would be best and also laws that allow for retroactive prosecution.

WNYT.com – Vermont lengthens statute of limitations for sex crimes against children.

First window since Hawaii April 2012 is passed in MN! Good for MN survivors!

May 17, 2013/in Minnesota /by SOL Reform

First window since Hawaii’s in 2012 passed full MN legislature today! Just waiting for Gov’s signature!

Congrats to the MN survivors! And to NCVC, which partnered w Anderson, Advocates to spearhead the effort!

🙂

View Bill Text: http://sol-reform.com/Minnesota/index.php#pending

The MN Child Victims Act made it through the House/Senate Conference Committee.

May 17, 2013/in Minnesota /by SOL Reform

The MN Child Victims Act made it through the House/Senate Conference Committee. Will now return to each House. Go MN!

This is the language as passed in the Conference Committee today:

Another survivor who needed more time than the law allows.

May 16, 2013/in Uncategorized /by SOL Reform

In 2005, Wade Robson was the first defense witness at Michael Jackson’s trial, where the singer was accused of molesting a 13-year-old cancer survivor. At the time, Robson was unequivocal: He was not sexually abused by the man known as the King of Pop. But eight years later, he has changed his tune.

Exclusively on TODAY Thursday, the 30-year-old choreographer told Matt Lauer that Jackson, who died in 2009, was “a pedophile and a child sexual abuser.”

Robson said Jackson abused him from ages 7 to 14: Jackson “performed sexual acts on me and forced me to perform sexual acts on him.”

Robson is currently asking a probate court to allow him to file a late creditor’s claim against the Jackson estate, now that the deadline has passed for creditors to file such claims. His claim comes as a case brought by Jackson’s family against AEG Live, promoters of his final concert tour, has begun in civil court.

Born in Australia, Robson was a dancing prodigy whose family relocated to the United States when he was 9; he appeared in three of Michael Jackson’s videos: “Black or White,” “Jam,” and “Heal the World.” In later years he went onto direct music videos and choreograph tours for artists including N’Sync and Britney Spears, and hosted and executive produced “The Wade Robson Project” for MTV in 2003. He joined “So You Think You Can Dance” on FOX in 2007 as a judge and choreographer.

So why now? Says Robson, he wasn’t ready to face up to the truth until he began to realize how he would feel if a stranger molested his son, born two years ago. “This is not a case of repressed memory,” said Robson. “I have never forgotten one moment of what Michael did to me, but I was psychologically and emotionally completely unable and unwilling to understand that it was sexual abuse.”

During the first criminal investigation of Jackson in 1993 (when Robson was 11), Jackson would call him “every day” to “role play” and convince him that if anyone knew what they had done together, “both of us would go to jail for the rest of our lives.”

He says there was no bribe money offered for him to lie on the stand — nor, apparently, was it needed. “It was complete manipulation (by Jackson) and brainwashing,” said Robson. “He would role play and train me for these (trial) scenarios.”

Howard Weitzman, a lawyer for Jackson’s estate, said in a statement: “Mr. Robson has adamantly denied under oath and in numerous interviews over the past 20 years that Michael Jackson ever did anything inappropriate to him. He now wants us to believe that he committed perjury at least twice and has been lying to anyone and everyone about Mr. Jackson since the early ‘90s so he can file a claim for money. Mr. Robson’s transparent lawsuit comes nearly 4 years after Michael passed. His claim is outrageous and sad.”

But this is not about landing some big book deal or payoff for silence, said Robson. “I’ve lived in silence and denial for 22 years and I can’t spend another moment in that…. I’m never going to go away with this for the sake of money. I’m never going to be silenced for money. That’s not going to happen.”

Even today, however, Robson has mixed emotions about Jackson, and told Lauer what he thinks of when he does think of the singer is: “Heartbreak, pain, anger and compassion…. The image that one presents to the world is not the whole explanation of who someone is. Michael Jackson was yes, an incredibly talented artist with an incredible gift. He was many things. And he was also a pedophile and a child sexual abuser.”

Later, Robson offered a special statement to TODAY, addressing other sexual abuse victims:

“There are millions of survivors of child sexual abuse out there who are suffering in silence and/or denial, as was I. If my coming forward and speaking my truth can help even one victim gain the courage to speak their truth and begin the healing process, that would be more than I could ever ask.

“I want to say to those victims that under NO circumstances was it or is it EVER your decision or your fault that you were sexually abused. Please find a way to safely speak your truth because the healing process cannot begin until you do. It is not easy in the slightest but it is absolutely possible to heal and get your life back.”

View Source: http://www.today.com/entertainment/wade-robson-pedophile-michael-jackson-abused-me-7-years-1C9948163

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