Bill Text: IL HB1063 | 2013-2014 | 98th General Assembly | Engrossed

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Bill Title: Amends the Criminal Code of 2012. Provides that a prosecution for any sex offense may be commenced at any time if the victim was under 18 years of age at the time of the offense.

Spectrum: Moderate Partisan Bill (Democrat 31-4)

Status: (Passed) 2013-08-16 - Public Act . . . . . . . . . 98-0379 [HB1063 Detail]

Download: Illinois-2013-HB1063-Engrossed.html

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HB1063 Engrossed LRB098 03415 RLC 33430 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by changing
Sections 3-5 and 3-6 as follows:
(720 ILCS 5/3-5) (from Ch. 38, par. 3-5)
Sec. 3-5. General Limitations.
(a) A prosecution for: (1) first degree murder, attempt to
commit first degree murder, second degree murder, involuntary
manslaughter, reckless homicide, leaving the scene of a motor
vehicle accident involving death or personal injuries under
Section 11-401 of the Illinois Vehicle Code, failing to give
information and render aid under Section 11-403 of the Illinois
Vehicle Code, concealment of homicidal death, treason, arson,
aggravated arson, forgery, child pornography under paragraph
(1) of subsection (a) of Section 11-20.1, aggravated child
pornography under paragraph (1) of subsection (a) of Section
11-20.1B, or (2) any offense involving sexual conduct or sexual
penetration, as defined by Section 11-0.1 of this Code in which
the DNA profile of the offender is obtained and entered into a
DNA database within 10 years after the commission of the
offense, or (3) criminal sexual assault, aggravated criminal
sexual assault, predatory criminal sexual assault of a child,

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aggravated criminal sexual abuse, or criminal sexual abuse when
the victim of any of the offenses was under 18 years of age at
the time of the offense, may be commenced at any time. Clause
(2) of this subsection (a) applies if either: (i) the victim
reported the offense to law enforcement authorities within 3
years after the commission of the offense unless a longer
period for reporting the offense to law enforcement authorities
is provided in Section 3-6 or (ii) the victim is murdered
during the course of the offense or within 2 years after the
commission of the offense.
(b) Unless the statute describing the offense provides
otherwise, or the period of limitation is extended by Section
3-6, a prosecution for any offense not designated in Subsection
(a) must be commenced within 3 years after the commission of
the offense if it is a felony, or within one year and 6 months
after its commission if it is a misdemeanor.
(Source: P.A. 95-899, eff. 1-1-09; 96-292, eff. 1-1-10;
96-1551, eff. 7-1-11.)
(720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
Sec. 3-6. Extended limitations. The period within which a
prosecution must be commenced under the provisions of Section
3-5 or other applicable statute is extended under the following
conditions:
(a) A prosecution for theft involving a breach of a
fiduciary obligation to the aggrieved person may be commenced

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as follows:
(1) If the aggrieved person is a minor or a person
under legal disability, then during the minority or legal
disability or within one year after the termination
thereof.
(2) In any other instance, within one year after the
discovery of the offense by an aggrieved person, or by a
person who has legal capacity to represent an aggrieved
person or has a legal duty to report the offense, and is
not himself or herself a party to the offense; or in the
absence of such discovery, within one year after the proper
prosecuting officer becomes aware of the offense. However,
in no such case is the period of limitation so extended
more than 3 years beyond the expiration of the period
otherwise applicable.
(b) A prosecution for any offense based upon misconduct in
office by a public officer or employee may be commenced within
one year after discovery of the offense by a person having a
legal duty to report such offense, or in the absence of such
discovery, within one year after the proper prosecuting officer
becomes aware of the offense. However, in no such case is the
period of limitation so extended more than 3 years beyond the
expiration of the period otherwise applicable.
(b-5) When the victim is under 18 years of age at the time
of the offense, a prosecution for involuntary servitude,
involuntary sexual servitude of a minor, or trafficking in

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persons and related offenses under Section 10-9 of this Code
may be commenced within one year of the victim attaining the
age of 18 years. However, in no such case shall the time period
for prosecution expire sooner than 3 years after the commission
of the offense.
(c) (Blank).
(d) (Blank). A prosecution for child pornography,
aggravated child pornography, indecent solicitation of a
child, soliciting for a juvenile prostitute, juvenile pimping,
exploitation of a child, or promoting juvenile prostitution
except for keeping a place of juvenile prostitution may be
commenced within one year of the victim attaining the age of 18
years. However, in no such case shall the time period for
prosecution expire sooner than 3 years after the commission of
the offense. When the victim is under 18 years of age, a
prosecution for criminal sexual abuse may be commenced within
one year of the victim attaining the age of 18 years. However,
in no such case shall the time period for prosecution expire
sooner than 3 years after the commission of the offense.
(e) Except as otherwise provided in subdivision (j), a
prosecution for any offense involving sexual conduct or sexual
penetration, as defined in Section 11-0.1 of this Code, where
the defendant was within a professional or fiduciary
relationship or a purported professional or fiduciary
relationship with the victim at the time of the commission of
the offense may be commenced within one year after the

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discovery of the offense by the victim.
(f) A prosecution for any offense set forth in Section 44
of the "Environmental Protection Act", approved June 29, 1970,
as amended, may be commenced within 5 years after the discovery
of such an offense by a person or agency having the legal duty
to report the offense or in the absence of such discovery,
within 5 years after the proper prosecuting officer becomes
aware of the offense.
(f-5) A prosecution for any offense set forth in Section
16-30 of this Code may be commenced within 5 years after the
discovery of the offense by the victim of that offense.
(g) (Blank).
(h) (Blank).
(i) Except as otherwise provided in subdivision (j), a
prosecution for criminal sexual assault, aggravated criminal
sexual assault, or aggravated criminal sexual abuse may be
commenced 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.
Nothing in this subdivision (i) shall be construed to
shorten a period within which a prosecution must be commenced
under any other provision of this Section.
(j) When the victim is under 18 years of age at the time of
the offense, a prosecution for criminal sexual assault,
aggravated criminal sexual assault, predatory criminal sexual
assault of a child, aggravated criminal sexual abuse, or felony

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criminal sexual abuse, or a prosecution for failure of a person
who is required to report an alleged or suspected commission of
criminal sexual assault, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, aggravated
criminal sexual abuse, or felony criminal sexual abuse any of
these offenses under the Abused and Neglected Child Reporting
Act may be commenced within 20 years after the child victim
attains 18 years of age. When the victim is under 18 years of
age at the time of the offense, a prosecution for misdemeanor
criminal sexual abuse may be commenced within 10 years after
the child victim attains 18 years of age.
Nothing in this subdivision (j) shall be construed to
shorten a period within which a prosecution must be commenced
under any other provision of this Section.
(k) A prosecution for theft involving real property
exceeding $100,000 in value under Section 16-1, identity theft
under subsection (a) of Section 16-30, aggravated identity
theft under subsection (b) of Section 16-30, or any offense set
forth in Article 16H or Section 17-10.6 may be commenced within
7 years of the last act committed in furtherance of the crime.
(Source: P.A. 96-233, eff. 1-1-10; 96-1551, Article 2, Section
1035, eff. 7-1-11; 96-1551, Article 10, Section 10-140, eff.
7-1-11; 97-597, eff. 1-1-12; 97-897, eff. 1-1-13.)