Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2796

Introduced
1/17/24  
Refer
1/17/24  
Refer
1/31/24  

Caption

CRIM CD-LIMITATIONS-DOMESTIC

Impact

The proposed changes in SB2796 could significantly impact Illinois state law regarding domestic violence offenses. By allowing victims a longer period to file charges, the bill recognizes the complications and emotional challenges faced by survivors when they seek to report such crimes. Proponents believe that extended timelines will result in more prosecutions and ensure that offenders are held accountable for their actions. This change could encourage victims to report crimes sooner than they might have under the current three-year limitation.

Summary

Senate Bill 2796, introduced by Senator Laura Fine, proposes amendments to the Criminal Code of 2012, specifically addressing the statute of limitations for certain domestic violence-related offenses. Specifically, the bill seeks to extend the time frame for commencing prosecutions of aggravated domestic battery, felony domestic battery, and felony violation of an order of protection from three to five years after the commission of the offense. This extension aims to provide victims with a longer period to seek justice, particularly in cases where they may struggle to come forward due to trauma or fear of retaliation.

Contention

While there is general support for enhancing victim rights in cases of domestic violence, SB2796 could face scrutiny regarding its implications on the legal process and burden on the justice system. Some critics may express concern about the potential for further delays in the prosecution of cases, arguing that an extended statute of limitations could lead to challenges in securing evidence and witness testimonies as time passes. Additionally, there may be discussions surrounding the balance between offering victims a longer time frame to pursue justice and ensuring that the accused can have their cases resolved in a timely manner.

Companion Bills

No companion bills found.

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