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| [ Introduced ] | [ Enrolled ] | [ House Amendment 002 ] |
| [ Senate Amendment 001 ] |
92_HB5578eng HB5578 Engrossed LRB9212480RCpk 1 AN ACT in relation to criminal offenses. 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 1961 is amended by 5 changing Sections 3-5 and 3-6 as follows: 6 (720 ILCS 5/3-5) (from Ch. 38, par. 3-5) 7 Sec. 3-5. General Limitations. 8 (a) A prosecution for: (1) first degree murder, attempt 9 to commit first degree murder, second degree murder, 10 involuntary manslaughter, reckless homicide, concealment of 11 homicidal death, treason, arson, aggravated arson,or12 forgery, or (2) any offense involving sexual conduct or 13 sexual penetration as defined by Section 12-12 of this Code 14 in which the DNA profile of the offender is obtained, whether 15 or not that DNA profile identifies a named individual, may be 16 commenced at any time. Clause (2) of this subsection (a) 17 applies only if the victim reported the offense to law 18 enforcement authorities within 2 years after the commission 19 of the offense unless a longer period for reporting the 20 offense to law enforcement authorities is provided in Section 21 3-6. 22 (b) Unless the statute describing the offense provides 23 otherwise, or the period of limitation is extended by Section 24 3-6, a prosecution for any offense not designated in 25 Subsection (a) must be commenced within 3 years after the 26 commission of the offense if it is a felony, or within one 27 year and 6 months after its commission if it is a 28 misdemeanor. 29 (Source: P.A. 91-801, eff. 6-13-00.) 30 (720 ILCS 5/3-6) (from Ch. 38, par. 3-6) HB5578 Engrossed -2- LRB9212480RCpk 1 Sec. 3-6. Extended limitations. The period within which 2 a prosecution must be commenced under the provisions of 3 Section 3-5 or other applicable statute is extended under the 4 following conditions: 5 (a) A prosecution for theft involving a breach of a 6 fiduciary obligation to the aggrieved person may be commenced 7 as follows: 8 (1) If the aggrieved person is a minor or a person 9 under legal disability, then during the minority or legal 10 disability or within one year after the termination 11 thereof. 12 (2) In any other instance, within one year after 13 the discovery of the offense by an aggrieved person, or 14 by a person who has legal capacity to represent an 15 aggrieved person or has a legal duty to report the 16 offense, and is not himself or herself a party to the 17 offense; or in the absence of such discovery, within one 18 year after the proper prosecuting officer becomes aware 19 of the offense. However, in no such case is the period of 20 limitation so extended more than 3 years beyond the 21 expiration of the period otherwise applicable. 22 (b) A prosecution for any offense based upon misconduct 23 in office by a public officer or employee may be commenced 24 within one year after discovery of the offense by a person 25 having a legal duty to report such offense, or in the absence 26 of such discovery, within one year after the proper 27 prosecuting officer becomes aware of the offense. However, in 28 no such case is the period of limitation so extended more 29 than 3 years beyond the expiration of the period otherwise 30 applicable. 31 (c) Except as otherwise provided in subsection (a) of 32 Section 3-5 of this Code and subdivision (i) of this Section, 33 a prosecution for any offense involving sexual conduct or 34 sexual penetration, as defined in Section 12-12 of this Code, HB5578 Engrossed -3- LRB9212480RCpk 1 where the victim and defendant are family members, as defined 2 in Section 12-12 of this Code, may be commenced within one 3 year of the victim attaining the age of 18 years. 4 (d) A prosecution for child pornography, indecent 5 solicitation of a child, soliciting for a juvenile 6 prostitute, juvenile pimping or exploitation of a child may 7 be commenced within one year of the victim attaining the age 8 of 18 years. However, in no such case shall the time period 9 for prosecution expire sooner than 3 years after the 10 commission of the offense. When the victim is under 18 years 11 of age, a prosecution for criminal sexual abuse may be 12 commenced within one year of the victim attaining the age of 13 18 years. However, in no such case shall the time period for 14 prosecution expire sooner than 3 years after the commission 15 of the offense. 16 (e) A prosecution for any offense involving sexual 17 conduct or sexual penetration, as defined in Section 12-12 of 18 this Code, where the defendant was within a professional or 19 fiduciary relationship or a purported professional or 20 fiduciary relationship with the victim at the time of the 21 commission of the offense may be commenced within one year 22 after the discovery of the offense by the victim. 23 (f) A prosecution for any offense set forth in Section 24 44 of the "Environmental Protection Act", approved June 29, 25 1970, as amended, may be commenced within 5 years after the 26 discovery of such an offense by a person or agency having the 27 legal duty to report the offense or in the absence of such 28 discovery, within 5 years after the proper prosecuting 29 officer becomes aware of the offense. 30 (g) (Blank). 31 (h) (Blank). 32 (i) A prosecution for criminal sexual assault, 33 aggravated criminal sexual assault, or aggravated criminal 34 sexual abuse may be commenced within 10 years of the HB5578 Engrossed -4- LRB9212480RCpk 1 commission of the offense if the victim reported the offense 2 to law enforcement authorities within 2 years after the 3 commission of the offense. 4 When the victim is under 18 years of age at the time of 5 the offense and the offender is a family member as defined in 6 Section 12-12, a prosecution for criminal sexual assault, 7 aggravated criminal sexual assault, predatory criminal sexual 8 assault of a child, or aggravated criminal sexual abuse may 9 be commenced within 10 years of the victim attaining the age 10 of 18 years. 11 When the victim is under 18 years of age at the time of 12 the offense and the offender is not a family member as 13 defined in Section 12-12, a prosecution for criminal sexual 14 assault, aggravated criminal sexual assault, predatory 15 criminal sexual assault of a child, or aggravated criminal 16 sexual abuse may be commenced within 10 years of the victim 17 attaining the age of 18 years, if the victim reported the 18 offense to law enforcement authorities before he or she 19 attained the age of 21 years. Nothing in this subdivision (i) 20 shall be construed to shorten a period within which a 21 prosecution must be commenced under any other provision of 22 this Section. 23 (Source: P.A. 91-475, eff. 1-1-00; 91-801, eff. 6-13-00.) 24 Section 99. Effective date. This Act takes effect upon 25 becoming law.