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| Public Act 103-0184
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| HB3304 Enrolled | LRB103 30949 RLC 57520 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 2012 is amended by |
changing Section 3-6 as follows:
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(720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
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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:
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(a) A prosecution for theft involving a breach of a |
fiduciary obligation
to the aggrieved person may be commenced |
as follows:
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(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.
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(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 |
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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.
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(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
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is the period of limitation so extended more than 3 years |
beyond the
expiration of the period otherwise applicable.
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(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 25 years of the victim attaining the |
age of 18 years. |
(b-6) When the victim is 18 years of age or over 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 25 years after the commission of the |
offense. |
(b-7) When the victim is under 18 years of age at the time |
of the offense, a prosecution for female genital mutilation |
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may be commenced at any time. |
(c) (Blank).
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(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.
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(e) Except as otherwise provided in subdivision (j), a |
prosecution for
any offense involving sexual conduct or sexual
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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.
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(f) A prosecution for any offense set forth in Section 44
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of the Environmental Protection Act
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.
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(f-5) A prosecution for any offense set forth in Section |
16-30 of this Code may be commenced within 5 years after the |
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discovery of the offense by the victim of that offense.
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(g) (Blank).
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(h) (Blank).
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(i) Except as otherwise provided in subdivision (j), a |
prosecution for
criminal sexual assault, aggravated criminal
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sexual assault, or aggravated criminal sexual abuse may be |
commenced at any time. If the victim consented to the |
collection of evidence using an Illinois State Police Sexual |
Assault Evidence Collection Kit under the Sexual Assault |
Survivors Emergency Treatment Act, it shall constitute |
reporting for purposes of this Section.
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Nothing in this subdivision (i) shall be construed to
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shorten a period within which a prosecution must be commenced |
under any other
provision of this Section.
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(i-5) A prosecution for armed robbery, home invasion, |
kidnapping, or aggravated kidnaping may be commenced within 10 |
years of the commission of the offense if it arises out of the |
same course of conduct and meets the criteria under one of the |
offenses in subsection (i) 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
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criminal sexual assault of a child, aggravated criminal sexual |
abuse, felony criminal sexual abuse, or female genital |
mutilation may be commenced at any time. |
(2) When in circumstances other than as described in |
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paragraph (1) of this subsection (j), when the victim is under |
18 years of age at the time of the offense, 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 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.
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(4) Nothing in this subdivision (j) shall be construed to
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shorten a period within which a prosecution must be commenced |
under any other
provision of this Section.
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(j-5) A prosecution for armed robbery, home invasion, |
kidnapping, or aggravated kidnaping may be commenced at any |
time if it arises out of the same course of conduct and meets |
the criteria under one of the offenses in subsection (j) of |
this Section. |
(k) (Blank).
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(l) A prosecution for any offense set forth in Section |
26-4 of this Code may be commenced within one year after the |
discovery of the offense by the victim of that offense. |
(l-5) A prosecution for any offense involving sexual |
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conduct or sexual penetration, as defined in Section 11-0.1 of |
this Code, in which the victim was 18 years of age or older at |
the time of the offense, may be commenced within one year after |
the discovery of the offense by the victim when corroborating |
physical evidence is available. The charging document shall |
state that the statute of limitations is extended under this |
subsection (l-5) and shall state the circumstances justifying |
the extension.
Nothing in this subsection (l-5) shall be |
construed to shorten a period within which a prosecution must |
be commenced under any other provision of this Section or |
Section 3-5 of this Code. |
(m) The prosecution shall not be required to prove at |
trial facts which extend the general limitations in Section |
3-5 of this Code when the facts supporting extension of the |
period of general limitations are properly pled in the |
charging document. Any challenge relating to the extension of |
the general limitations period as defined in this Section |
shall be exclusively conducted under Section 114-1 of the Code |
of Criminal Procedure of 1963. |
(n) A prosecution for any offense set forth in subsection |
(a), (b), or (c) of Section 8A-3 or Section 8A-13 of the |
Illinois Public Aid Code, in which the total amount of money |
involved is $5,000 or more, including the monetary value of |
food stamps and the value of commodities under Section 16-1 of |
this Code may be commenced within 5 years of the last act |
committed in furtherance of the offense. |
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(o) A prosecution for any offense based upon fraudulent |
activity connected to COVID-19-related relief programs, to |
include the Paycheck Protection Program, COVID-19 Economic |
Injury Disaster Loan Program, and the Unemployment Benefit |
Programs shall be commenced within 5 years after discovery of |
the offense by a person having a legal duty to report such |
offense, or in the absence of such discovery, within 5 years |
after the proper prosecuting officer becomes aware of the |
offense. However, in no such case is the period of limitation |
so extended more than 10 years beyond the expiration of the |
period otherwise applicable. |
(Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; |
101-130, eff. 1-1-20; 101-285, eff. 1-1-20; 102-558, eff. |
8-20-21.)
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