SB2271 EngrossedLRB100 14531 RLC 29320 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 3-6 as follows:
 
6    (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
7    Sec. 3-6. Extended limitations. The period within which a
8prosecution must be commenced under the provisions of Section
93-5 or other applicable statute is extended under the following
10conditions:
11    (a) A prosecution for theft involving a breach of a
12fiduciary obligation to the aggrieved person may be commenced
13as follows:
14        (1) If the aggrieved person is a minor or a person
15    under legal disability, then during the minority or legal
16    disability or within one year after the termination
17    thereof.
18        (2) In any other instance, within one year after the
19    discovery of the offense by an aggrieved person, or by a
20    person who has legal capacity to represent an aggrieved
21    person or has a legal duty to report the offense, and is
22    not himself or herself a party to the offense; or in the
23    absence of such discovery, within one year after the proper

 

 

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1    prosecuting officer becomes aware of the offense. However,
2    in no such case is the period of limitation so extended
3    more than 3 years beyond the expiration of the period
4    otherwise applicable.
5    (b) A prosecution for any offense based upon misconduct in
6office by a public officer or employee may be commenced within
7one year after discovery of the offense by a person having a
8legal duty to report such offense, or in the absence of such
9discovery, within one year after the proper prosecuting officer
10becomes aware of the offense. However, in no such case is the
11period of limitation so extended more than 3 years beyond the
12expiration of the period otherwise applicable.
13    (b-5) When the victim is under 18 years of age at the time
14of the offense, a prosecution for involuntary servitude,
15involuntary sexual servitude of a minor, or trafficking in
16persons and related offenses under Section 10-9 of this Code
17may be commenced within 25 years of the victim attaining the
18age of 18 years.
19    (c) (Blank).
20    (d) A prosecution for child pornography, aggravated child
21pornography, indecent solicitation of a child, soliciting for a
22juvenile prostitute, juvenile pimping, exploitation of a
23child, or promoting juvenile prostitution except for keeping a
24place of juvenile prostitution may be commenced within one year
25of the victim attaining the age of 18 years. However, in no
26such case shall the time period for prosecution expire sooner

 

 

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1than 3 years after the commission of the offense.
2    (e) Except as otherwise provided in subdivision (j), a
3prosecution for any offense involving sexual conduct or sexual
4penetration, as defined in Section 11-0.1 of this Code, where
5the defendant was within a professional or fiduciary
6relationship or a purported professional or fiduciary
7relationship with the victim at the time of the commission of
8the offense may be commenced within one year after the
9discovery of the offense by the victim.
10    (f) A prosecution for any offense set forth in Section 44
11of the "Environmental Protection Act", approved June 29, 1970,
12as amended, may be commenced within 5 years after the discovery
13of such an offense by a person or agency having the legal duty
14to report the offense or in the absence of such discovery,
15within 5 years after the proper prosecuting officer becomes
16aware of the offense.
17    (f-5) A prosecution for any offense set forth in Section
1816-30 of this Code may be commenced within 5 years after the
19discovery of the offense by the victim of that offense.
20    (g) (Blank).
21    (h) (Blank).
22    (i) Except as otherwise provided in subdivision (j), a
23prosecution for criminal sexual assault, aggravated criminal
24sexual assault, or aggravated criminal sexual abuse may be
25commenced within 10 years of the commission of the offense if
26the victim reported the offense to law enforcement authorities

 

 

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1within 3 years after the commission of the offense.
2    Nothing in this subdivision (i) shall be construed to
3shorten a period within which a prosecution must be commenced
4under any other provision of this Section.
5    (i-5) A prosecution for armed robbery, home invasion,
6kidnapping, or aggravated kidnaping may be commenced within 10
7years of the commission of the offense if it arises out of the
8same course of conduct and meets the criteria under one of the
9offenses in subsection (i) of this Section.
10    (j) (1) When the victim is under 18 years of age at the
11time of the offense, a prosecution for criminal sexual assault,
12aggravated criminal sexual assault, predatory criminal sexual
13assault of a child, aggravated criminal sexual abuse, or felony
14criminal sexual abuse may be commenced at any time.
15    (2) When the victim is under 18 years of age at the time of
16the offense, a prosecution for failure of a person who is
17required to report an alleged or suspected commission of
18criminal sexual assault, aggravated criminal sexual assault,
19predatory criminal sexual assault of a child, aggravated
20criminal sexual abuse, or felony criminal sexual abuse under
21the Abused and Neglected Child Reporting Act may be commenced
22within 20 years after the child victim attains 18 years of age.
23    (3) When the victim is under 18 years of age at the time of
24the offense, a prosecution for misdemeanor criminal sexual
25abuse may be commenced within 10 years after the child victim
26attains 18 years of age.

 

 

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1    (4) Nothing in this subdivision (j) shall be construed to
2shorten a period within which a prosecution must be commenced
3under any other provision of this Section.
4    (j-5) A prosecution for armed robbery, home invasion,
5kidnapping, or aggravated kidnaping may be commenced at any
6time if it arises out of the same course of conduct and meets
7the criteria under one of the offenses in subsection (j) of
8this Section.
9    (k) (Blank).
10    (l) A prosecution for any offense set forth in Section 26-4
11of this Code may be commenced within one year after the
12discovery of the offense by the victim of that offense.
13    (l-5) A prosecution for any offense involving sexual
14conduct or sexual penetration, as defined in Section 11-0.1 of
15this Code, in which the victim was 18 years of age or older at
16the time of the offense, may be commenced within one year after
17the discovery of the offense by the victim when corroborating
18physical evidence is available. The charging document shall
19state that the statute of limitations is extended under this
20subsection (l-5) and shall state the circumstances justifying
21the extension. Nothing in this subsection (l-5) shall be
22construed to shorten a period within which a prosecution must
23be commenced under any other provision of this Section or
24Section 3-5 of this Code.
25    (m) The prosecution shall not be required to prove at trial
26facts which extend the general limitations in Section 3-5 of

 

 

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1this Code when the facts supporting extension of the period of
2general limitations are properly pled in the charging document.
3Any challenge relating to the extension of the general
4limitations period as defined in this Section shall be
5exclusively conducted under Section 114-1 of the Code of
6Criminal Procedure of 1963.
7(Source: P.A. 99-234, eff. 8-3-15; 99-820, eff. 8-15-16;
8100-80, eff. 8-11-17; 100-318, eff. 8-24-17; 100-434, eff.
91-1-18; revised 10-5-17.)