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Holmes passes legislation to end statute of limitations for sexual assault

holmes 052119SPRINGFIELD – A measure from State Senator Linda Holmes (D-Aurora) to remove the statute of limitations for any criminal sexual assault passed the Senate today.

A law was enacted in 2017 to remove the statute of limitations for criminal sexual assault, aggravated criminal sexual assault and aggravated criminal sexual abuse for victims under the age of 18 years old (PA 100-0080). Holmes’ House Bill 2135 would remove that limit for all victims.

“In the event of an individual choosing to pursue justice for their attack years after the event, or in situations where an investigation is delayed for some reason, we need to be sure justice is still accessible for any sexual assault victim,” Holmes said. “The possibility of a perpetrator not being brought to justice is a risk to public safety.”

Mary Ann Brzoska testified with Sen. Holmes in the Senate Criminal Law Committee earlier this month about her daughter’s experience after being raped at age 19 by two men. Three years later, an investigation is just now underway. Brzoska worries the statute of limitations could spare an attacker from prosecution if the pace of an investigation lags as it has in her daughter’s case.

“More than one-third of the 10-year statute of limitations has already passed, and I would hate to see another family face this situation with the pressure of delays,” Brzoska said. “If it has taken this long to get an investigation started, it seems possible time could run out. That’s not justice.”

House Bill 2135 will now go to the governor for his consideration.

Sen. Linda Holmes

holmes-15

42nd District

Years served:
2007 - Present

Committee assignments: Agriculture (Vice-Chairperson); Committee of the Whole; Executive; Labor; Local Government (Chairperson); Telecommunications & InfoTechnology.

Biography: Elected to the Senate in 2006; born March 16, 1959, in Chicago; received a bachelor's degree from the National College of Education (now National-Lewis University); First woman president of the National Association of the Remodeling Industry; Full-time state legislator.

Associated Representatives:
Linda Chapa LaVia
Stephanie A. Kifowit