Rep. Jay Hoffman
Filed: 5/25/2017
 
 


 




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1
AMENDMENT TO SENATE BILL 1842




2 AMENDMENT NO. ______. Amend Senate Bill 1842 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Criminal Code of 2012 is amended by 
5changing 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 
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 
 
 
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1 thereof.

2  (2) In any other instance, within one year after the 
3 discovery of the
offense by an aggrieved person, or by a 
4 person who has legal capacity to
represent an aggrieved 
5 person or has a legal duty to report the offense,
and is 
6 not himself or herself a party to the offense; or in the 
7 absence of such
discovery, within one year after the proper 
8 prosecuting officer becomes
aware of the offense. However, 
9 in no such case is the period of limitation
so extended 
10 more than 3 years beyond the expiration of the period 
11 otherwise
applicable.

12 (b) A prosecution for any offense based upon misconduct in 
13office by a
public officer or employee may be commenced within 
14one year after discovery
of the offense by a person having a 
15legal duty to report such offense, or
in the absence of such 
16discovery, within one year after the proper
prosecuting officer 
17becomes aware of the offense. However, in no such case
is the 
18period of limitation so extended more than 3 years beyond the

19expiration of the period otherwise applicable.

20 (b-5) When the victim is under 18 years of age at the time 
21of the offense, a prosecution for involuntary servitude, 
22involuntary sexual servitude of a minor, or trafficking in 
23persons and related offenses under Section 10-9 of this Code 
24may be commenced within 25 years one year of the victim 
25attaining the age of 18 years. However, in no such case shall 
26the time period for prosecution expire sooner than 3 years 
 
 
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1after the commission of the offense. 
2 (c) (Blank).

3 (d) A prosecution for child pornography, aggravated child 
4pornography, indecent
solicitation of a
child, soliciting for a 
5juvenile prostitute, juvenile pimping,
exploitation of a 
6child, or promoting juvenile prostitution except for keeping a 
7place of juvenile prostitution may be commenced within one year 
8of the victim
attaining the age of 18 years. However, in no 
9such case shall the time
period for prosecution expire sooner 
10than 3 years after the commission of
the offense. When the 
11victim is under 18 years of age, a prosecution for
criminal

12sexual abuse may be commenced within
one year of the victim 
13attaining the age of 18 years. However, in no such
case shall 
14the time period for prosecution expire sooner than 3 years 
15after
the commission of the offense.

16 (e) Except as otherwise provided in subdivision (j), a 
17prosecution for
any offense involving sexual conduct or sexual

18penetration, as defined in Section 11-0.1 of this Code, where 
19the defendant
was within a professional or fiduciary 
20relationship or a purported
professional or fiduciary 
21relationship with the victim at the
time of the commission of 
22the offense may be commenced within one year
after the 
23discovery of the offense by the victim.

24 (f) A prosecution for any offense set forth in Section 44

25of the "Environmental Protection Act", approved June 29, 1970, 
26as amended,
may be commenced within 5 years after the discovery 
 
 
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1of such
an offense by a person or agency having the legal duty 
2to report the
offense or in the absence of such discovery, 
3within 5 years
after the proper prosecuting officer becomes 
4aware of the offense.

5 (f-5) A prosecution for any offense set forth in Section 
616-30 of this Code may be commenced within 5 years after the 
7discovery of the offense by the victim of that offense.

8 (g) (Blank).

9 (h) (Blank).

10 (i) Except as otherwise provided in subdivision (j), a 
11prosecution for
criminal sexual assault, aggravated criminal

12sexual assault, or aggravated criminal sexual abuse may be 
13commenced within 10
years of the commission of the offense if 
14the victim reported the offense to
law enforcement authorities 
15within 3 years after the commission of the offense.

16 Nothing in this subdivision (i) shall be construed to

17shorten a period within which a prosecution must be commenced 
18under any other
provision of this Section.

19 (i-5) A prosecution for armed robbery, home invasion, 
20kidnapping, or aggravated kidnaping may be commenced within 10 
21years of the commission of the offense if it arises out of the 
22same course of conduct and meets the criteria under one of the 
23offenses in subsection (i) of this Section. 
24 (j) (1) When the victim is under 18 years of age at the 
25time of the offense, a
prosecution
for criminal sexual assault, 
26aggravated criminal sexual assault, predatory
criminal sexual 
 
 
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1assault of a child, aggravated criminal sexual abuse, or felony 
2criminal sexual abuse may be commenced at any time when 
3corroborating physical evidence is available or an individual 
4who is required to report an alleged or suspected commission of 
5any of these offenses under the Abused and Neglected Child 
6Reporting Act fails to do so.
7 (2) In circumstances other than as described in paragraph 
8(1) of this subsection (j), when the victim is under 18 years 
9of age at the time of the offense, a prosecution for criminal 
10sexual assault, aggravated criminal sexual assault, predatory 
11criminal sexual assault of a child, aggravated criminal sexual 
12abuse, or felony criminal sexual abuse, or a
prosecution for 
13failure of a person who is required to report an alleged
or 
14suspected commission of any of these offenses under the Abused 
15and Neglected
Child Reporting Act may be
commenced within 20 
16years after the child victim attains 18
years of age.
17 (3) When the victim is under 18 years of age at the time of 
18the offense, a
prosecution
for misdemeanor criminal sexual 
19abuse may be
commenced within 10 years after the child victim 
20attains 18
years of age.

21 (4) Nothing in this subdivision (j) shall be construed to

22shorten a period within which a prosecution must be commenced 
23under any other
provision of this Section.

24 (j-5) A prosecution for armed robbery, home invasion, 
25kidnapping, or aggravated kidnaping may be commenced at any 
26time if it arises out of the same course of conduct and meets 
 
 
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1the criteria under one of the offenses in subsection (j) of 
2this Section. 
3 (k) (Blank).

4 (l) A prosecution for any offense set forth in Section 26-4 
5of this Code may be commenced within one year after the 
6discovery of the offense by the victim of that offense. 
7(Source: P.A. 98-293, eff. 1-1-14; 98-379, eff. 1-1-14; 98-756, 
8eff. 7-16-14; 99-234, eff. 8-3-15; 99-820, eff. 8-15-16.)


9 Section 99. Effective date. This Act takes effect upon 
10becoming law.".