Illinois General Assembly - Full Text of HB2533
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Full Text of HB2533  102nd General Assembly

HB2533eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB2533 EngrossedLRB102 10636 RLC 15965 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by
5changing Section 3-6 as follows:
 
6    (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
7    Sec. 3-6. Extended limitations. The period within which a
8prosecution must be commenced under the provisions of Section
93-5 or other applicable statute is extended under the
10following conditions:
11    (a) A prosecution for theft involving a breach of a
12fiduciary obligation to the aggrieved person may be commenced
13as follows:
14        (1) If the aggrieved person is a minor or a person
15    under legal disability, then during the minority or legal
16    disability or within one year after the termination
17    thereof.
18        (2) In any other instance, within one year after the
19    discovery of the offense by an aggrieved person, or by a
20    person who has legal capacity to represent an aggrieved
21    person or has a legal duty to report the offense, and is
22    not himself or herself a party to the offense; or in the
23    absence of such discovery, within one year after the

 

 

HB2533 Engrossed- 2 -LRB102 10636 RLC 15965 b

1    proper prosecuting officer becomes aware of the offense.
2    However, in no such case is the period of limitation so
3    extended more than 3 years beyond the expiration of the
4    period otherwise applicable.
5    (b) A prosecution for any offense based upon misconduct in
6office by a public officer or employee may be commenced within
7one year after discovery of the offense by a person having a
8legal duty to report such offense, or in the absence of such
9discovery, within one year after the proper prosecuting
10officer becomes aware of the offense. However, in no such case
11is the period of limitation so extended more than 3 years
12beyond the expiration of the period otherwise applicable.
13    (b-5) When the victim is under 18 years of age at the time
14of the offense, a prosecution for involuntary servitude,
15involuntary sexual servitude of a minor, or trafficking in
16persons and related offenses under Section 10-9 of this Code
17may be commenced within 25 years of the victim attaining the
18age of 18 years.
19    (b-6) When the victim is 18 years of age or over at the
20time of the offense, a prosecution for involuntary servitude,
21involuntary sexual servitude of a minor, or trafficking in
22persons and related offenses under Section 10-9 of this Code
23may be commenced within 25 years after the commission of the
24offense.
25    (b-7) (b-6) When the victim is under 18 years of age at the
26time of the offense, a prosecution for female genital

 

 

HB2533 Engrossed- 3 -LRB102 10636 RLC 15965 b

1mutilation may be commenced at any time.
2    (c) (Blank).
3    (d) A prosecution for child pornography, aggravated child
4pornography, indecent solicitation of a child, soliciting for
5a juvenile prostitute, juvenile pimping, exploitation of a
6child, or promoting juvenile prostitution except for keeping a
7place of juvenile prostitution may be commenced within one
8year of the victim attaining the age of 18 years. However, in
9no such case shall the time period for prosecution expire
10sooner than 3 years after the commission of the offense.
11    (e) Except as otherwise provided in subdivision (j), a
12prosecution for any offense involving sexual conduct or sexual
13penetration, as defined in Section 11-0.1 of this Code, where
14the defendant was within a professional or fiduciary
15relationship or a purported professional or fiduciary
16relationship with the victim at the time of the commission of
17the offense may be commenced within one year after the
18discovery of the offense by the victim.
19    (f) A prosecution for any offense set forth in Section 44
20of the Environmental Protection Act may be commenced within 5
21years after the discovery of such an offense by a person or
22agency having the legal duty to report the offense or in the
23absence of such discovery, within 5 years after the proper
24prosecuting officer becomes aware of the offense.
25    (f-5) A prosecution for any offense set forth in Section
2616-30 of this Code may be commenced within 5 years after the

 

 

HB2533 Engrossed- 4 -LRB102 10636 RLC 15965 b

1discovery of the offense by the victim of that offense.
2    (g) (Blank).
3    (h) (Blank).
4    (i) Except as otherwise provided in subdivision (j), a
5prosecution for criminal sexual assault, aggravated criminal
6sexual assault, or aggravated criminal sexual abuse may be
7commenced at any time. If the victim consented to the
8collection of evidence using an Illinois State Police Sexual
9Assault Evidence Collection Kit under the Sexual Assault
10Survivors Emergency Treatment Act, it shall constitute
11reporting for purposes of this Section.
12    Nothing in this subdivision (i) shall be construed to
13shorten a period within which a prosecution must be commenced
14under any other provision of this Section.
15    (i-5) A prosecution for armed robbery, home invasion,
16kidnapping, or aggravated kidnaping may be commenced within 10
17years of the commission of the offense if it arises out of the
18same course of conduct and meets the criteria under one of the
19offenses in subsection (i) of this Section.
20    (j) (1) When the victim is under 18 years of age at the
21time of the offense, a prosecution for criminal sexual
22assault, aggravated criminal sexual assault, predatory
23criminal sexual assault of a child, aggravated criminal sexual
24abuse, felony criminal sexual abuse, or female genital
25mutilation may be commenced at any time.
26    (2) When in circumstances other than as described in

 

 

HB2533 Engrossed- 5 -LRB102 10636 RLC 15965 b

1paragraph (1) of this subsection (j), when the victim is under
218 years of age at the time of the offense, a prosecution for
3failure of a person who is required to report an alleged or
4suspected commission of criminal sexual assault, aggravated
5criminal sexual assault, predatory criminal sexual assault of
6a child, aggravated criminal sexual abuse, or felony criminal
7sexual abuse under the Abused and Neglected Child Reporting
8Act may be commenced within 20 years after the child victim
9attains 18 years of age.
10    (3) When the victim is under 18 years of age at the time of
11the offense, a prosecution for misdemeanor criminal sexual
12abuse may be commenced within 10 years after the child victim
13attains 18 years of age.
14    (4) Nothing in this subdivision (j) shall be construed to
15shorten a period within which a prosecution must be commenced
16under any other provision of this Section.
17    (j-5) A prosecution for armed robbery, home invasion,
18kidnapping, or aggravated kidnaping may be commenced at any
19time if it arises out of the same course of conduct and meets
20the criteria under one of the offenses in subsection (j) of
21this Section.
22    (k) (Blank).
23    (l) A prosecution for any offense set forth in Section
2426-4 of this Code may be commenced within one year after the
25discovery of the offense by the victim of that offense.
26    (l-5) A prosecution for any offense involving sexual

 

 

HB2533 Engrossed- 6 -LRB102 10636 RLC 15965 b

1conduct or sexual penetration, as defined in Section 11-0.1 of
2this Code, in which the victim was 18 years of age or older at
3the time of the offense, may be commenced within one year after
4the discovery of the offense by the victim when corroborating
5physical evidence is available. The charging document shall
6state that the statute of limitations is extended under this
7subsection (l-5) and shall state the circumstances justifying
8the extension. Nothing in this subsection (l-5) shall be
9construed to shorten a period within which a prosecution must
10be commenced under any other provision of this Section or
11Section 3-5 of this Code.
12    (m) The prosecution shall not be required to prove at
13trial facts which extend the general limitations in Section
143-5 of this Code when the facts supporting extension of the
15period of general limitations are properly pled in the
16charging document. Any challenge relating to the extension of
17the general limitations period as defined in this Section
18shall be exclusively conducted under Section 114-1 of the Code
19of Criminal Procedure of 1963.
20    (n) A prosecution for any offense set forth in subsection
21(a), (b), or (c) of Section 8A-3 or Section 8A-13 of the
22Illinois Public Aid Code, in which the total amount of money
23involved is $5,000 or more, including the monetary value of
24food stamps and the value of commodities under Section 16-1 of
25this Code may be commenced within 5 years of the last act
26committed in furtherance of the offense.

 

 

HB2533 Engrossed- 7 -LRB102 10636 RLC 15965 b

1    (o) A prosecution for a violation of Section 32-2 may be
2commenced within 5 years of the last act committed in
3furtherance of the crime.
4(Source: P.A. 100-80, eff. 8-11-17; 100-318, eff. 8-24-17;
5100-434, eff. 1-1-18; 100-863, eff. 8-14-18; 100-998, eff.
61-1-19; 100-1010, eff. 1-1-19; 100-1087, eff. 1-1-19; 101-18,
7eff. 1-1-20; 101-81, eff. 7-12-19; 101-130, eff. 1-1-20;
8101-285, eff. 1-1-20; revised 9-23-19.)