Illinois General Assembly - Full Text of Public Act 096-0233
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Public Act 096-0233


 

Public Act 0233 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0233
 
HB0224 Enrolled LRB096 04539 RLC 14594 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 1961 is amended by changing
Sections 3-6, 11-11, and 12-12 as follows:
 
    (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
    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:
    (a) A prosecution for theft involving a breach of a
fiduciary obligation to the aggrieved person may be commenced
as follows:
        (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.
        (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 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.
    (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 is the
period of limitation so extended more than 3 years beyond the
expiration of the period otherwise applicable.
    (c) (Blank). Except as otherwise provided in subsection (a)
of Section 3-5 of this Code and subdivision (i) or (j) of this
Section, a prosecution for any offense involving sexual conduct
or sexual penetration, as defined in Section 12-12 of this
Code, where the victim and defendant are family members, as
defined in Section 12-12 of this Code, may be commenced within
one year of the victim attaining the age of 18 years.
    (d) A prosecution for child pornography, indecent
solicitation of a child, soliciting for a juvenile prostitute,
juvenile pimping or exploitation of a child 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.
When the victim is under 18 years of age, a prosecution for
criminal sexual abuse 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.
    (e) Except as otherwise provided in subdivision (j), a
prosecution for any offense involving sexual conduct or sexual
penetration, as defined in Section 12-12 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.
    (f) A prosecution for any offense set forth in Section 44
of the "Environmental Protection Act", approved June 29, 1970,
as amended, 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.
    (f-5) A prosecution for any offense set forth in Section
16G-15 or 16G-20 of this Code may be commenced within 5 years
after the discovery of the offense by the victim of that
offense.
    (g) (Blank).
    (h) (Blank).
    (i) Except as otherwise provided in subdivision (j), a
prosecution for criminal sexual assault, aggravated criminal
sexual assault, or aggravated criminal sexual abuse may be
commenced within 10 years of the commission of the offense if
the victim reported the offense to law enforcement authorities
within 3 years after the commission of the offense.
    Nothing in this subdivision (i) shall be construed to
shorten a period within which a prosecution must be commenced
under any other provision of this Section.
    (j) 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 criminal sexual
assault of a child, or aggravated criminal sexual abuse, or
felony criminal sexual abuse, or a prosecution for failure of a
person who is required to report an alleged or suspected
commission of any of these offenses under the Abused and
Neglected Child Reporting Act may be commenced within 20 years
after the child victim attains 18 years of age. 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.
    Nothing in this subdivision (j) shall be construed to
shorten a period within which a prosecution must be commenced
under any other provision of this Section.
    (k) A prosecution for theft involving real property
exceeding $100,000 in value under Section 16-1, identity theft
under Section 16G-15, aggravated identity theft under Section
16G-20, or any offense set forth in Article 16H may be
commenced within 7 years of the last act committed in
furtherance of the crime.
(Source: P.A. 94-253, eff. 1-1-06; 94-990, eff. 1-1-07; 95-548,
eff. 8-30-07.)
 
    (720 ILCS 5/11-11)  (from Ch. 38, par. 11-11)
    Sec. 11-11. Sexual Relations Within Families.
    (a) A person commits sexual relations within families if he
or she:
        (1) Commits an act of sexual penetration as defined in
    Section 12-12 of this Code; and
        (2) The person knows that he or she is related to the
    other person as follows: (i) Brother or sister, either of
    the whole blood or the half blood; or (ii) Father or
    mother, when the child, regardless of legitimacy and
    regardless of whether the child was of the whole blood or
    half-blood or was adopted, was 18 years of age or over when
    the act was committed; or (iii) Stepfather or stepmother,
    when the stepchild was 18 years of age or over when the act
    was committed; or (iv) Aunt or uncle, when the niece or
    nephew was 18 years of age or over when the act was
    committed; or (v) Great-aunt or great-uncle, when the
    grand-niece or grand-nephew was 18 years of age or over
    when the act was committed; or (vi) Grandparent or
    step-grandparent, when the grandchild or step-grandchild
    was 18 years of age or over when the act was committed.
    (b) Sentence. Sexual relations within families is a Class 3
felony.
(Source: P.A. 84-1280.)
 
    (720 ILCS 5/12-12)  (from Ch. 38, par. 12-12)
    Sec. 12-12. Definitions. For the purposes of Sections 12-13
through 12-18 of this Code, the terms used in these Sections
shall have the following meanings ascribed to them:
    (a) "Accused" means a person accused of an offense
prohibited by Sections 12-13, 12-14, 12-15 or 12-16 of this
Code or a person for whose conduct the accused is legally
responsible under Article 5 of this Code.
    (b) "Bodily harm" means physical harm, and includes, but is
not limited to, sexually transmitted disease, pregnancy and
impotence.
    (c) "Family member" means a parent, grandparent, or child,
aunt, uncle, great-aunt, or great-uncle, whether by whole
blood, half-blood or adoption, and includes a
step-grandparent, step-parent, or step-child. "Family member"
also means, where the victim is a child under 18 years of age,
an accused who has resided in the household with such child
continuously for at least 6 months one year.
    (d) "Force or threat of force" means the use of force or
violence, or the threat of force or violence, including but not
limited to the following situations:
        (1) when the accused threatens to use force or violence
    on the victim or on any other person, and the victim under
    the circumstances reasonably believed that the accused had
    the ability to execute that threat; or
        (2) when the accused has overcome the victim by use of
    superior strength or size, physical restraint or physical
    confinement.
    (e) "Sexual conduct" means any intentional or knowing
touching or fondling by the victim or the accused, either
directly or through clothing, of the sex organs, anus or breast
of the victim or the accused, or any part of the body of a child
under 13 years of age, or any transfer or transmission of semen
by the accused upon any part of the clothed or unclothed body
of the victim, for the purpose of sexual gratification or
arousal of the victim or the accused.
    (f) "Sexual penetration" means any contact, however
slight, between the sex organ or anus of one person by an
object, the sex organ, mouth or anus of another person, or any
intrusion, however slight, of any part of the body of one
person or of any animal or object into the sex organ or anus of
another person, including but not limited to cunnilingus,
fellatio or anal penetration. Evidence of emission of semen is
not required to prove sexual penetration.
    (g) "Victim" means a person alleging to have been subjected
to an offense prohibited by Sections 12-13, 12-14, 12-15 or
12-16 of this Code.
(Source: P.A. 91-116, eff. 1-1-00.)

Effective Date: 1/1/2010