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Public Act 92-0752
HB5578 Enrolled LRB9212480RCpk
AN ACT in relation to criminal offenses.
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 3-5 and 3-6 as follows:
(720 ILCS 5/3-5) (from Ch. 38, par. 3-5)
Sec. 3-5. General Limitations.
(a) A prosecution for: (1) first degree murder, attempt
to commit first degree murder, second degree murder,
involuntary manslaughter, reckless homicide, concealment of
homicidal death, treason, arson, aggravated arson, or
forgery, or (2) any offense involving sexual conduct or
sexual penetration as defined by Section 12-12 of this Code
in which the DNA profile of the offender is obtained and
entered into a DNA database within 10 years after the
commission of the offense and the identity of the offender is
unknown after a diligent investigation by law enforcement
authorities, may be commenced at any time. Clause (2) of this
subsection (a) applies only if the victim reported the
offense to law enforcement authorities within 2 years after
the commission of the offense unless a longer period for
reporting the offense to law enforcement authorities is
provided in Section 3-6.
(b) Unless the statute describing the offense provides
otherwise, or the period of limitation is extended by Section
3-6, a prosecution for any offense not designated in
Subsection (a) must be commenced within 3 years after the
commission of the offense if it is a felony, or within one
year and 6 months after its commission if it is a
misdemeanor.
(Source: P.A. 91-801, eff. 6-13-00.)
(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) Except as otherwise provided in subsection (a) of
Section 3-5 of this Code and subdivision (i) 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) 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.
(g) (Blank).
(h) (Blank).
(i) 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 2 years after the
commission of the offense.
When the victim is under 18 years of age at the time of
the offense and the offender is a family member as defined in
Section 12-12, a prosecution for criminal sexual assault,
aggravated criminal sexual assault, predatory criminal sexual
assault of a child, or aggravated criminal sexual abuse may
be commenced within 10 years of the victim attaining the age
of 18 years.
When the victim is under 18 years of age at the time of
the offense and the offender is not a family member as
defined in Section 12-12, a prosecution for criminal sexual
assault, aggravated criminal sexual assault, predatory
criminal sexual assault of a child, or aggravated criminal
sexual abuse may be commenced within 10 years of the victim
attaining the age of 18 years, if the victim reported the
offense to law enforcement authorities before he or she
attained the age of 21 years. 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.
(Source: P.A. 91-475, eff. 1-1-00; 91-801, eff. 6-13-00.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 15, 2002.
Approved August 02, 2002.
Effective August 02, 2002.
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