|
Public Act 100-0998
|
| SB2891 Enrolled | LRB100 16812 RLC 31953 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 2012 is amended by changing |
Section 3-6 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.
|
(b-5) When the victim is under 18 years of age at the time |
of the offense, a prosecution for involuntary servitude, |
involuntary sexual servitude of a minor, or trafficking in |
persons and related offenses under Section 10-9 of this Code |
may be commenced within 25 years of the victim attaining the |
age of 18 years. |
(c) (Blank).
|
(d) A prosecution for child pornography, aggravated child |
pornography, indecent
solicitation of a
child, soliciting for a |
juvenile prostitute, juvenile pimping,
exploitation of a |
child, or promoting juvenile prostitution except for keeping a |
place of juvenile prostitution 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 11-0.1 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 |
16-30 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.
|
(i-5) A prosecution for armed robbery, home invasion, |
kidnapping, or aggravated kidnaping may be commenced within 10 |
years of the commission of the offense if it arises out of the |
same course of conduct and meets the criteria under one of the |
offenses in subsection (i) of this Section. |
(j) (1) 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, aggravated criminal sexual abuse, or felony |
criminal sexual abuse may be commenced at any time. |
(2) When the victim is under 18 years of age at the time of |
the offense, a prosecution for failure of a person who is |
required to report an alleged
or suspected commission of |
criminal sexual assault, aggravated criminal sexual assault, |
predatory criminal sexual assault of a child, aggravated |
criminal sexual abuse, or felony criminal sexual abuse under |
the Abused and Neglected
Child Reporting Act may be
commenced |
within 20 years after the child victim attains 18
years of age. |
(3) 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.
|
|
(4) 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.
|
(j-5) A prosecution for armed robbery, home invasion, |
kidnapping, or aggravated kidnaping may be commenced at any |
time if it arises out of the same course of conduct and meets |
the criteria under one of the offenses in subsection (j) of |
this Section. |
(k) (Blank).
|
(l) A prosecution for any offense set forth in Section 26-4 |
of this Code may be commenced within one year after the |
discovery of the offense by the victim of that offense. |
(m) The prosecution shall not be required to prove at trial |
facts which extend the general limitations in Section 3-5 of |
this Code when the facts supporting extension of the period of |
general limitations are properly pled in the charging document. |
Any challenge relating to the extension of the general |
limitations period as defined in this Section shall be |
exclusively conducted under Section 114-1 of the Code of |
Criminal Procedure of 1963. |
(n) A prosecution for any offense set forth in subsection |
(a), (b), or (c) of Section 8A-3 or Section 8A-13 of the |
Illinois Public Aid Code, in which the total amount of money |
involved is $5,000 or more, including the monetary value of |
food stamps and the value of commodities under Section 16-1 of |
this Code may be commenced within 5 years of the last act |