Full Text of HB3304 103rd General Assembly
HB3304enr 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by | 5 | | changing 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 | 8 | | prosecution
must be commenced under the provisions of Section | 9 | | 3-5 or other applicable
statute is extended under the | 10 | | following conditions:
| 11 | | (a) A prosecution for theft involving a breach of a | 12 | | fiduciary obligation
to the aggrieved person may be commenced | 13 | | as 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 |
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| 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 | 6 | | office by a
public officer or employee may be commenced within | 7 | | one year after discovery
of the offense by a person having a | 8 | | legal duty to report such offense, or
in the absence of such | 9 | | discovery, within one year after the proper
prosecuting | 10 | | officer becomes aware of the offense. However, in no such case
| 11 | | is the period of limitation so extended more than 3 years | 12 | | beyond the
expiration of the period otherwise applicable.
| 13 | | (b-5) When the victim is under 18 years of age at the time | 14 | | of the offense, a prosecution for involuntary servitude, | 15 | | involuntary sexual servitude of a minor, or trafficking in | 16 | | persons and related offenses under Section 10-9 of this Code | 17 | | may be commenced within 25 years of the victim attaining the | 18 | | age of 18 years. | 19 | | (b-6) When the victim is 18 years of age or over at the | 20 | | time of the offense, a prosecution for involuntary servitude, | 21 | | involuntary sexual servitude of a minor, or trafficking in | 22 | | persons and related offenses under Section 10-9 of this Code | 23 | | may be commenced within 25 years after the commission of the | 24 | | offense. | 25 | | (b-7) When the victim is under 18 years of age at the time | 26 | | of the offense, a prosecution for female genital mutilation |
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| 1 | | may be commenced at any time. | 2 | | (c) (Blank).
| 3 | | (d) A prosecution for child pornography, aggravated child | 4 | | pornography, indecent
solicitation of a
child, soliciting for | 5 | | a juvenile prostitute, juvenile pimping,
exploitation of a | 6 | | child, or promoting juvenile prostitution except for keeping a | 7 | | place of juvenile prostitution may be commenced within one | 8 | | year of the victim
attaining the age of 18 years. However, in | 9 | | no such case shall the time
period for prosecution expire | 10 | | sooner than 3 years after the commission of
the offense.
| 11 | | (e) Except as otherwise provided in subdivision (j), a | 12 | | prosecution for
any offense involving sexual conduct or sexual
| 13 | | penetration, as defined in Section 11-0.1 of this Code, where | 14 | | the defendant
was within a professional or fiduciary | 15 | | relationship or a purported
professional or fiduciary | 16 | | relationship with the victim at the
time of the commission of | 17 | | the offense may be commenced within one year
after the | 18 | | discovery of the offense by the victim.
| 19 | | (f) A prosecution for any offense set forth in Section 44
| 20 | | of the Environmental Protection Act
may be commenced within 5 | 21 | | years after the discovery of such
an offense by a person or | 22 | | agency having the legal duty to report the
offense or in the | 23 | | absence of such discovery, within 5 years
after the proper | 24 | | prosecuting officer becomes aware of the offense.
| 25 | | (f-5) A prosecution for any offense set forth in Section | 26 | | 16-30 of this Code may be commenced within 5 years after the |
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| 1 | | discovery 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 | 5 | | prosecution for
criminal sexual assault, aggravated criminal
| 6 | | sexual assault, or aggravated criminal sexual abuse may be | 7 | | commenced at any time. If the victim consented to the | 8 | | collection of evidence using an Illinois State Police Sexual | 9 | | Assault Evidence Collection Kit under the Sexual Assault | 10 | | Survivors Emergency Treatment Act, it shall constitute | 11 | | reporting for purposes of this Section.
| 12 | | Nothing in this subdivision (i) shall be construed to
| 13 | | shorten a period within which a prosecution must be commenced | 14 | | under any other
provision of this Section.
| 15 | | (i-5) A prosecution for armed robbery, home invasion, | 16 | | kidnapping, or aggravated kidnaping may be commenced within 10 | 17 | | years of the commission of the offense if it arises out of the | 18 | | same course of conduct and meets the criteria under one of the | 19 | | offenses in subsection (i) of this Section. | 20 | | (j) (1) When the victim is under 18 years of age at the | 21 | | time of the offense, a
prosecution
for criminal sexual | 22 | | assault, aggravated criminal sexual assault, predatory
| 23 | | criminal sexual assault of a child, aggravated criminal sexual | 24 | | abuse, felony criminal sexual abuse, or female genital | 25 | | mutilation may be commenced at any time. | 26 | | (2) When in circumstances other than as described in |
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| 1 | | paragraph (1) of this subsection (j), when the victim is under | 2 | | 18 years of age at the time of the offense, a prosecution for | 3 | | failure of a person who is required to report an alleged
or | 4 | | suspected commission of criminal sexual assault, aggravated | 5 | | criminal sexual assault, predatory criminal sexual assault of | 6 | | a child, aggravated criminal sexual abuse, or felony criminal | 7 | | sexual abuse under the Abused and Neglected
Child Reporting | 8 | | Act may be
commenced within 20 years after the child victim | 9 | | attains 18
years of age. | 10 | | (3) When the victim is under 18 years of age at the time of | 11 | | the offense, a
prosecution
for misdemeanor criminal sexual | 12 | | abuse may be
commenced within 10 years after the child victim | 13 | | attains 18
years of age.
| 14 | | (4) Nothing in this subdivision (j) shall be construed to
| 15 | | shorten a period within which a prosecution must be commenced | 16 | | under any other
provision of this Section.
| 17 | | (j-5) A prosecution for armed robbery, home invasion, | 18 | | kidnapping, or aggravated kidnaping may be commenced at any | 19 | | time if it arises out of the same course of conduct and meets | 20 | | the criteria under one of the offenses in subsection (j) of | 21 | | this Section. | 22 | | (k) (Blank).
| 23 | | (l) A prosecution for any offense set forth in Section | 24 | | 26-4 of this Code may be commenced within one year after the | 25 | | discovery of the offense by the victim of that offense. | 26 | | (l-5) A prosecution for any offense involving sexual |
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| 1 | | conduct or sexual penetration, as defined in Section 11-0.1 of | 2 | | this Code, in which the victim was 18 years of age or older at | 3 | | the time of the offense, may be commenced within one year after | 4 | | the discovery of the offense by the victim when corroborating | 5 | | physical evidence is available. The charging document shall | 6 | | state that the statute of limitations is extended under this | 7 | | subsection (l-5) and shall state the circumstances justifying | 8 | | the extension.
Nothing in this subsection (l-5) shall be | 9 | | construed to shorten a period within which a prosecution must | 10 | | be commenced under any other provision of this Section or | 11 | | Section 3-5 of this Code. | 12 | | (m) The prosecution shall not be required to prove at | 13 | | trial facts which extend the general limitations in Section | 14 | | 3-5 of this Code when the facts supporting extension of the | 15 | | period of general limitations are properly pled in the | 16 | | charging document. Any challenge relating to the extension of | 17 | | the general limitations period as defined in this Section | 18 | | shall be exclusively conducted under Section 114-1 of the Code | 19 | | of 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 | 22 | | Illinois Public Aid Code, in which the total amount of money | 23 | | involved is $5,000 or more, including the monetary value of | 24 | | food stamps and the value of commodities under Section 16-1 of | 25 | | this Code may be commenced within 5 years of the last act | 26 | | committed in furtherance of the offense. |
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| 1 | | (o) A prosecution for any offense based upon fraudulent | 2 | | activity connected to COVID-19-related relief programs, to | 3 | | include the Paycheck Protection Program, COVID-19 Economic | 4 | | Injury Disaster Loan Program, and the Unemployment Benefit | 5 | | Programs shall be commenced within 5 years after discovery of | 6 | | the offense by a person having a legal duty to report such | 7 | | offense, or in the absence of such discovery, within 5 years | 8 | | after the proper prosecuting officer becomes aware of the | 9 | | offense. However, in no such case is the period of limitation | 10 | | so extended more than 10 years beyond the expiration of the | 11 | | period otherwise applicable. | 12 | | (Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; | 13 | | 101-130, eff. 1-1-20; 101-285, eff. 1-1-20; 102-558, eff. | 14 | | 8-20-21.)
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