|
| Public Act 098-0379
|
| HB1063 Enrolled | 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 |
Section 3-6 as follows:
|
(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 |
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 |
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) 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 |
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) (1) 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 |
criminal sexual abuse may be commenced at any time when |
corroborating physical evidence is available or an individual |
who is required to report an alleged or suspected commission of |
any of these offenses under the Abused and Neglected Child |
Reporting Act fails to do so. |
(2) In circumstances other than as described in paragraph |
(1) of this subsection (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 criminal sexual abuse, or a
prosecution for |
|
failure of a person who is required to report an alleged
or |
suspected commission of 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. |
(3) 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.
|
(4) 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.)
|
