State of Illinois
91st General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ Senate Amendment 001 ]

91_SB1142

 
                                               LRB9106159RCks

 1        AN  ACT  to  amend  the Criminal Code of 1961 by changing
 2    Sections 3-6 and 12-14.1.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section   5.   The  Criminal  Code  of 1961 is amended by
 6    changing Sections 3-6 and 12-14.1 as follows:

 7        (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
 8        Sec. 3-6.  Extended limitations. The period within  which
 9    a  prosecution  must  be  commenced  under  the provisions of
10    Section 3-5 or other applicable statute is extended under the
11    following conditions:
12        (a)  A prosecution for theft  involving  a  breach  of  a
13    fiduciary obligation to the aggrieved person may be commenced
14    as follows:
15             (1)  If  the aggrieved person is a minor or a person
16        under legal disability, then during the minority or legal
17        disability or  within  one  year  after  the  termination
18        thereof.
19             (2)  In  any  other  instance, within one year after
20        the discovery of the offense by an aggrieved  person,  or
21        by  a  person  who  has  legal  capacity  to represent an
22        aggrieved person or  has  a  legal  duty  to  report  the
23        offense,  and  is  not  himself or herself a party to the
24        offense; or in the absence of such discovery, within  one
25        year  after  the proper prosecuting officer becomes aware
26        of the offense. However, in no such case is the period of
27        limitation so extended  more  than  3  years  beyond  the
28        expiration of the period otherwise applicable.
29        (b)  A  prosecution for any offense based upon misconduct
30    in office by a public officer or employee  may  be  commenced
31    within  one  year  after discovery of the offense by a person
 
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 1    having a legal duty to report such offense, or in the absence
 2    of  such  discovery,  within  one  year  after   the   proper
 3    prosecuting officer becomes aware of the offense. However, in
 4    no  such  case  is  the period of limitation so extended more
 5    than 3 years beyond the expiration of  the  period  otherwise
 6    applicable.
 7        (c)  A  prosecution  for  any  offense  involving  sexual
 8    conduct or sexual penetration, as defined in Section 12-12 of
 9    this Code, where the victim and defendant are family members,
10    as  defined  in  Section 12-12 of this Code, may be commenced
11    within one year of the victim attaining the age of 18 years.
12        (d)  A  prosecution  for  child   pornography,   indecent
13    solicitation   of   a   child,   soliciting  for  a  juvenile
14    prostitute, juvenile pimping or exploitation of a  child  may
15    be  commenced within one year of the victim attaining the age
16    of 18 years. However, in no such case shall the  time  period
17    for   prosecution  expire  sooner  than  3  years  after  the
18    commission of the offense.  When the victim is under 18 years
19    of age, a prosecution for criminal sexual assault, aggravated
20    criminal sexual assault, predatory criminal sexual assault of
21    a child, criminal sexual abuse or aggravated criminal  sexual
22    abuse  may  be  commenced  within  one  year  of  the  victim
23    attaining  the  age  of  18  years.  However, in no such case
24    shall the time period for prosecution expire sooner than 10 3
25     years after the commission of the offense.
26        (e)  A  prosecution  for  any  offense  involving  sexual
27    conduct or sexual penetration, as defined in Section 12-12 of
28    this Code, where the defendant was within a  professional  or
29    fiduciary   relationship   or  a  purported  professional  or
30    fiduciary relationship with the victim at  the  time  of  the
31    commission  of  the  offense may be commenced within one year
32    after the discovery of the offense by the victim.
33        (f)  A prosecution for any offense set forth  in  Section
34    44  of  the "Environmental Protection Act", approved June 29,
 
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 1    1970, as amended, may be commenced within 5 years  after  the
 2    discovery of such an offense by a person or agency having the
 3    legal  duty  to  report the offense or in the absence of such
 4    discovery,  within  5  years  after  the  proper  prosecuting
 5    officer becomes aware of the offense.
 6        (g)  A prosecution for attempt  to  commit  first  degree
 7    murder  may  be  commenced within 7 years after commission of
 8    the offense.
 9        (h)  A  prosecution  for  criminal  sexual   assault   or
10    aggravated  criminal sexual assault may be commenced within 5
11    years of the commission of the offense if the victim reported
12    the offense to law enforcement authorities  within  6  months
13    after   the  commission  of  the  offense.  Nothing  in  this
14    subdivision (h) shall be construed to shorten a period within
15    which  a  prosecution  must  be  commenced  under  any  other
16    provision of this Section.
17    (Source: P.A. 89-8, eff. 1-1-96; 89-354, eff. 1-1-96; 89-428,
18    eff. 12-13-95; 89-462, eff. 5-29-96.)

19        (720 ILCS 5/12-14.1)
20        Sec. 12-14.1.  Predatory criminal  sexual  assault  of  a
21    child.
22        (a)  The   accused   commits  predatory  criminal  sexual
23    assault of a child if:
24             (1)  the accused was 17 years of  age  or  over  and
25        commits  an  act  of sexual penetration with a victim who
26        was under 13 years of age when the act was committed; or
27             (2)  the accused was 17 years of  age  or  over  and
28        commits  an  act  of sexual penetration with a victim who
29        was under 13 years of age when the act was committed  and
30        the accused caused great bodily harm to the victim that:
31                  (A)  resulted in permanent disability; or
32                  (B)  was life threatening; or
33             (3)  the  accused  was  17  years of age or over and
 
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 1        commits an act of sexual penetration with  a  victim  who
 2        was  under 13 years of age when the act was committed and
 3        the  accused   delivered   (by   injection,   inhalation,
 4        ingestion, transfer of possession, or any other means) to
 5        the  victim  without  his or her consent, or by threat or
 6        deception,  and for  other  than  medical  purposes,  any
 7        controlled substance.
 8        (b)  Sentence.
 9             (1)  A person convicted of a violation of subsection
10        (a)(1) commits a Class X felony.
11             (1.1)  A   person   convicted   of  a  violation  of
12        subsection (a)(2) or (a) (3) commits a Class X felony for
13        which  the  person  shall  be  sentenced  to  a  term  of
14        imprisonment of not less than 50 years and not more  than
15        60 years.
16             (1.2)  A  person  convicted  of  predatory  criminal
17        sexual  assault  of  a  child committed against 2 or more
18        persons regardless of whether the  offenses  occurred  as
19        the  result  of  the  same  act  or of several related or
20        unrelated acts shall be sentenced to a  term  of  natural
21        life imprisonment.
22             (2)  A  person  who  is  convicted  of  a  second or
23        subsequent offense of predatory criminal  sexual  assault
24        of  a  child,  or  who  is  convicted  of  the offense of
25        predatory criminal sexual assault of a child after having
26        previously been convicted  of  the  offense  of  criminal
27        sexual  assault  or  the  offense  of aggravated criminal
28        sexual assault, or who is convicted  of  the  offense  of
29        predatory criminal sexual assault of a child after having
30        previously been convicted under the laws of this State or
31        any  other  state  of  an  offense  that is substantially
32        equivalent to the offense of  predatory  criminal  sexual
33        assault  of  a  child, the offense of aggravated criminal
34        sexual assault or the offense of criminal sexual assault,
 
                            -5-                LRB9106159RCks
 1        shall  be  sentenced  to   a   term   of   natural   life
 2        imprisonment.  The commission of the second or subsequent
 3        offense is  required  to  have  been  after  the  initial
 4        conviction for this paragraph (2) to apply.
 5    (Source:  P.A.  89-428,  eff. 12-13-95; 89-462, eff. 5-29-96;
 6    90-396, eff. 1-1-98; 90-735, eff. 8-11-98.)

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