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Public Act 103-0184


 

Public Act 0184 103RD GENERAL ASSEMBLY

  
  
  

 


 
Public Act 103-0184
 
HB3304 EnrolledLRB103 30949 RLC 57520 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.
    (b-6) When the victim is 18 years of age or over 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 after the commission of the
offense.
    (b-7) When the victim is under 18 years of age at the time
of the offense, a prosecution for female genital mutilation
may be commenced at any time.
    (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 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 at any time. If the victim consented to the
collection of evidence using an Illinois State Police Sexual
Assault Evidence Collection Kit under the Sexual Assault
Survivors Emergency Treatment Act, it shall constitute
reporting for purposes of this Section.
    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, felony criminal sexual abuse, or female genital
mutilation may be commenced at any time.
    (2) When in circumstances other than as described in
paragraph (1) of this subsection (j), 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.
    (l-5) A prosecution for any offense involving sexual
conduct or sexual penetration, as defined in Section 11-0.1 of
this Code, in which the victim was 18 years of age or older at
the time of the offense, may be commenced within one year after
the discovery of the offense by the victim when corroborating
physical evidence is available. The charging document shall
state that the statute of limitations is extended under this
subsection (l-5) and shall state the circumstances justifying
the extension. Nothing in this subsection (l-5) shall be
construed to shorten a period within which a prosecution must
be commenced under any other provision of this Section or
Section 3-5 of this Code.
    (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
committed in furtherance of the offense.
    (o) A prosecution for any offense based upon fraudulent
activity connected to COVID-19-related relief programs, to
include the Paycheck Protection Program, COVID-19 Economic
Injury Disaster Loan Program, and the Unemployment Benefit
Programs shall be commenced within 5 years after discovery of
the offense by a person having a legal duty to report such
offense, or in the absence of such discovery, within 5 years
after the proper prosecuting officer becomes aware of the
offense. However, in no such case is the period of limitation
so extended more than 10 years beyond the expiration of the
period otherwise applicable.
(Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19;
101-130, eff. 1-1-20; 101-285, eff. 1-1-20; 102-558, eff.
8-20-21.)

Effective Date: 1/1/2024