Bill Text: IL HB2135 | 2019-2020 | 101st General Assembly | Enrolled


Bill Title: Amends the Criminal Code of 2012. Provides that a prosecution for criminal sexual assault, aggravated criminal sexual assault, or aggravated criminal sexual abuse may be commenced at any time (rather than 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). Makes conforming changes.

Spectrum: Bipartisan Bill

Status: (Enrolled) 2019-06-19 - Sent to the Governor [HB2135 Detail]

Download: Illinois-2019-HB2135-Enrolled.html



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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
5Sections 3-5 and 3-6 as follows:
6 (720 ILCS 5/3-5) (from Ch. 38, par. 3-5)
7 Sec. 3-5. General limitations.
8 (a) A prosecution for: (1) first degree murder, attempt to
9commit first degree murder, second degree murder, involuntary
10manslaughter, reckless homicide, a violation of subparagraph
11(F) of paragraph (1) of subsection (d) of Section 11-501 of the
12Illinois Vehicle Code for the offense of aggravated driving
13under the influence of alcohol, other drug or drugs, or
14intoxicating compound or compounds, or any combination thereof
15when the violation was a proximate cause of a death, leaving
16the scene of a motor vehicle accident involving death or
17personal injuries under Section 11-401 of the Illinois Vehicle
18Code, failing to give information and render aid under Section
1911-403 of the Illinois Vehicle Code, concealment of homicidal
20death, treason, arson, residential arson, aggravated arson,
21forgery, child pornography under paragraph (1) of subsection
22(a) of Section 11-20.1, or aggravated child pornography under
23paragraph (1) of subsection (a) of Section 11-20.1B, or (2) any

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1offense involving sexual conduct or sexual penetration, as
2defined by Section 11-0.1 of this Code in which the DNA profile
3of the offender is obtained and entered into a DNA database
4within 10 years after the commission of the offense, may be
5commenced at any time. Clause (2) of this subsection (a)
6applies if either: (i) the victim reported the offense to law
7enforcement authorities within 3 years after the commission of
8the offense unless a longer period for reporting the offense to
9law enforcement authorities is provided in Section 3-6 or (ii)
10the victim is murdered during the course of the offense or
11within 2 years after the commission of the offense.
12 (a-5) A prosecution for theft of property exceeding
13$100,000 in value under Section 16-1, identity theft under
14subsection (a) of Section 16-30, aggravated identity theft
15under subsection (b) of Section 16-30, financial exploitation
16of an elderly person or a person with a disability under
17Section 17-56; or any offense set forth in Article 16H or
18Section 17-10.6 may be commenced within 7 years of the last act
19committed in furtherance of the crime.
20 (b) Unless the statute describing the offense provides
21otherwise, or the period of limitation is extended by Section
223-6, a prosecution for any offense not designated in subsection
23(a) or (a-5) must be commenced within 3 years after the
24commission of the offense if it is a felony, or within one year
25and 6 months after its commission if it is a misdemeanor.
26(Source: P.A. 99-820, eff. 8-15-16; 100-149, eff. 1-1-18;

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1100-863, eff. 8-14-18.)
2 (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
3 Sec. 3-6. Extended limitations. The period within which a
4prosecution must be commenced under the provisions of Section
53-5 or other applicable statute is extended under the following
6conditions:
7 (a) A prosecution for theft involving a breach of a
8fiduciary obligation to the aggrieved person may be commenced
9as follows:
10 (1) If the aggrieved person is a minor or a person
11 under legal disability, then during the minority or legal
12 disability or within one year after the termination
13 thereof.
14 (2) In any other instance, within one year after the
15 discovery of the offense by an aggrieved person, or by a
16 person who has legal capacity to represent an aggrieved
17 person or has a legal duty to report the offense, and is
18 not himself or herself a party to the offense; or in the
19 absence of such discovery, within one year after the proper
20 prosecuting officer becomes aware of the offense. However,
21 in no such case is the period of limitation so extended
22 more than 3 years beyond the expiration of the period
23 otherwise applicable.
24 (b) A prosecution for any offense based upon misconduct in
25office by a public officer or employee may be commenced within

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1one year after discovery of the offense by a person having a
2legal duty to report such offense, or in the absence of such
3discovery, within one year after the proper prosecuting officer
4becomes aware of the offense. However, in no such case is the
5period of limitation so extended more than 3 years beyond the
6expiration of the period otherwise applicable.
7 (b-5) When the victim is under 18 years of age at the time
8of the offense, a prosecution for involuntary servitude,
9involuntary sexual servitude of a minor, or trafficking in
10persons and related offenses under Section 10-9 of this Code
11may be commenced within 25 years of the victim attaining the
12age of 18 years.
13 (c) (Blank).
14 (d) A prosecution for child pornography, aggravated child
15pornography, indecent solicitation of a child, soliciting for a
16juvenile prostitute, juvenile pimping, exploitation of a
17child, or promoting juvenile prostitution except for keeping a
18place of juvenile prostitution may be commenced within one year
19of the victim attaining the age of 18 years. However, in no
20such case shall the time period for prosecution expire sooner
21than 3 years after the commission of the offense.
22 (e) Except as otherwise provided in subdivision (j), a
23prosecution for any offense involving sexual conduct or sexual
24penetration, as defined in Section 11-0.1 of this Code, where
25the defendant was within a professional or fiduciary
26relationship or a purported professional or fiduciary

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1relationship with the victim at the time of the commission of
2the offense may be commenced within one year after the
3discovery of the offense by the victim.
4 (f) A prosecution for any offense set forth in Section 44
5of the Environmental Protection Act may be commenced within 5
6years after the discovery of such an offense by a person or
7agency having the legal duty to report the offense or in the
8absence of such discovery, within 5 years after the proper
9prosecuting officer becomes aware of the offense.
10 (f-5) A prosecution for any offense set forth in Section
1116-30 of this Code may be commenced within 5 years after the
12discovery of the offense by the victim of that offense.
13 (g) (Blank).
14 (h) (Blank).
15 (i) Except as otherwise provided in subdivision (j), a
16prosecution for criminal sexual assault, aggravated criminal
17sexual assault, or aggravated criminal sexual abuse may be
18commenced at any time within 10 years of the commission of the
19offense if the victim reported the offense to law enforcement
20authorities within 3 years after the commission of the offense.
21If the victim consented to the collection of evidence using an
22Illinois State Police Sexual Assault Evidence Collection Kit
23under the Sexual Assault Survivors Emergency Treatment Act, it
24shall constitute reporting for purposes of this Section.
25 Nothing in this subdivision (i) shall be construed to
26shorten a period within which a prosecution must be commenced

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

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1 (j-5) A prosecution for armed robbery, home invasion,
2kidnapping, or aggravated kidnaping may be commenced at any
3time if it arises out of the same course of conduct and meets
4the criteria under one of the offenses in subsection (j) of
5this Section.
6 (k) (Blank).
7 (l) A prosecution for any offense set forth in Section 26-4
8of this Code may be commenced within one year after the
9discovery of the offense by the victim of that offense.
10 (l-5) A prosecution for any offense involving sexual
11conduct or sexual penetration, as defined in Section 11-0.1 of
12this Code, in which the victim was 18 years of age or older at
13the time of the offense, may be commenced within one year after
14the discovery of the offense by the victim when corroborating
15physical evidence is available. The charging document shall
16state that the statute of limitations is extended under this
17subsection (l-5) and shall state the circumstances justifying
18the extension. Nothing in this subsection (l-5) shall be
19construed to shorten a period within which a prosecution must
20be commenced under any other provision of this Section or
21Section 3-5 of this Code.
22 (m) The prosecution shall not be required to prove at trial
23facts which extend the general limitations in Section 3-5 of
24this Code when the facts supporting extension of the period of
25general limitations are properly pled in the charging document.
26Any challenge relating to the extension of the general

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1limitations period as defined in this Section shall be
2exclusively conducted under Section 114-1 of the Code of
3Criminal Procedure of 1963.
4 (n) A prosecution for any offense set forth in subsection
5(a), (b), or (c) of Section 8A-3 or Section 8A-13 of the
6Illinois Public Aid Code, in which the total amount of money
7involved is $5,000 or more, including the monetary value of
8food stamps and the value of commodities under Section 16-1 of
9this Code may be commenced within 5 years of the last act
10committed in furtherance of the offense.
11(Source: P.A. 99-234, eff. 8-3-15; 99-820, eff. 8-15-16;
12100-80, eff. 8-11-17; 100-318, eff. 8-24-17; 100-434, eff.
131-1-18; 100-863, eff. 8-14-18; 100-998, eff. 1-1-19; 100-1010,
14eff. 1-1-19; 100-1087, eff. 1-1-19; revised 10-9-18.)
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