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90_HB2703
720 ILCS 5/3-6 from Ch. 38, par. 3-6
Amends the Criminal Code of 1961. Extends the statute of
limitations for the offense of criminal sexual assault,
aggravated criminal sexual assault, predatory criminal sexual
assault of a child, or aggravated criminal sexual abuse.
Eliminates provision that a prosecution for criminal sexual
assault or aggravated criminal sexual assault may be
commenced within 5 years of the commission of the offense if
the victim reported the offense to law enforcement
authorities within 6 months after the commission of the
offense. Provides that the prosecution of any of these
offenses may be commenced within 10 years after the
commission of the offense or if the victim is under 18 years,
within 10 years of the victim attaining the age of 18 years
(now, prosecution of any of these offenses must be commenced
within one year of the victim attaining the age of 18 years
or within 3 years after the commission of the offense,
whichever expires later).
LRB9008952RCksA
LRB9008952RCksA
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 3-6.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 3-6 as follows:
7 (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
8 Sec. 3-6. Extended limitations. The period within which
9 a prosecution must be commenced under the provisions of
10 Section 3-5 or other applicable statute is extended under the
11 following conditions:
12 (a) A prosecution for theft involving a breach of a
13 fiduciary obligation to the aggrieved person may be commenced
14 as follows:
15 (1) If the aggrieved person is a minor or a person
16 under legal disability, then during the minority or legal
17 disability or within one year after the termination
18 thereof.
19 (2) In any other instance, within one year after
20 the discovery of the offense by an aggrieved person, or
21 by a person who has legal capacity to represent an
22 aggrieved person or has a legal duty to report the
23 offense, and is not himself or herself a party to the
24 offense; or in the absence of such discovery, within one
25 year after the proper prosecuting officer becomes aware
26 of the offense. However, in no such case is the period of
27 limitation so extended more than 3 years beyond the
28 expiration of the period otherwise applicable.
29 (b) A prosecution for any offense based upon misconduct
30 in office by a public officer or employee may be commenced
31 within one year after discovery of the offense by a person
-2- LRB9008952RCksA
1 having a legal duty to report such offense, or in the absence
2 of such discovery, within one year after the proper
3 prosecuting officer becomes aware of the offense. However, in
4 no such case is the period of limitation so extended more
5 than 3 years beyond the expiration of the period otherwise
6 applicable.
7 (c) Except as otherwise provided in subdivision (i) of
8 this Section, a prosecution for any offense involving sexual
9 conduct or sexual penetration, as defined in Section 12-12 of
10 this Code, where the victim and defendant are family members,
11 as defined in Section 12-12 of this Code, may be commenced
12 within one year of the victim attaining the age of 18 years.
13 (d) A prosecution for child pornography, indecent
14 solicitation of a child, soliciting for a juvenile
15 prostitute, juvenile pimping or exploitation of a child may
16 be commenced within one year of the victim attaining the age
17 of 18 years. However, in no such case shall the time period
18 for prosecution expire sooner than 3 years after the
19 commission of the offense. When the victim is under 18 years
20 of age, a prosecution for criminal sexual assault, aggravated
21 criminal sexual assault, predatory criminal sexual assault of
22 a child, criminal sexual abuse or aggravated criminal sexual
23 abuse may be commenced within one year of the victim
24 attaining the age of 18 years. However, in no such case
25 shall the time period for prosecution expire sooner than 3
26 years after the commission of the offense.
27 (e) A prosecution for any offense involving sexual
28 conduct or sexual penetration, as defined in Section 12-12 of
29 this Code, where the defendant was within a professional or
30 fiduciary relationship or a purported professional or
31 fiduciary relationship with the victim at the time of the
32 commission of the offense may be commenced within one year
33 after the discovery of the offense by the victim.
34 (f) A prosecution for any offense set forth in Section
-3- LRB9008952RCksA
1 44 of the "Environmental Protection Act", approved June 29,
2 1970, as amended, may be commenced within 5 years after the
3 discovery of such an offense by a person or agency having the
4 legal duty to report the offense or in the absence of such
5 discovery, within 5 years after the proper prosecuting
6 officer becomes aware of the offense.
7 (g) A prosecution for attempt to commit first degree
8 murder may be commenced within 7 years after commission of
9 the offense.
10 (h) (Blank). A prosecution for criminal sexual assault
11 or aggravated criminal sexual assault may be commenced within
12 5 years of the commission of the offense if the victim
13 reported the offense to law enforcement authorities within 6
14 months after the commission of the offense. Nothing in this
15 subdivision (h) shall be construed to shorten a period within
16 which a prosecution must be commenced under any other
17 provision of this Section.
18 (i) A prosecution for criminal sexual assault,
19 aggravated criminal sexual assault, predatory criminal sexual
20 assault of a child, or aggravated criminal sexual abuse may
21 be commenced within 10 years after the commission of the
22 offense. When the victim is under 18 years of age, a
23 prosecution for criminal sexual assault, aggravated criminal
24 sexual assault, predatory criminal sexual assault of a child,
25 or aggravated criminal sexual abuse may be commenced within
26 10 years of the victim attaining the age of 18 years.
27 Nothing in this subdivision (i) shall be construed to shorten
28 a period within which a prosecution must be commenced under
29 any other provision of this Section.
30 (Source: P.A. 89-8, eff. 1-1-96; 89-354, eff. 1-1-96; 89-428,
31 eff. 12-13-95; 89-462, eff. 5-29-96.)