[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ House Amendment 001 ] | [ Senate Amendment 001 ] |
90_HB2257eng
720 ILCS 5/4-1 from Ch. 38, par. 4-1
Amends the Criminal Code of 1961. Makes a grammatical
change in Section defining "voluntary act".
LRB9002963RCks
HB2257 Engrossed LRB9002963RCks
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Sections 3-5 and 3-6.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Sections 3-5 and 3-6 as follows:
7 (720 ILCS 5/3-5) (from Ch. 38, par. 3-5)
8 Sec. 3-5. General Limitations.
9 (a) A prosecution for first degree murder, second degree
10 murder, involuntary manslaughter, reckless homicide,
11 concealment of homicidal death, treason, arson, aggravated
12 arson, or forgery, or for any of the following offenses when
13 the victim was under the age of 18 at the time of the
14 commission of the offense: criminal sexual assault,
15 aggravated criminal sexual assault, predatory criminal sexual
16 assault of a child, criminal sexual abuse, or aggravated
17 criminal sexual abuse may be commenced at any time.
18 (b) Unless the statute describing the offense provides
19 otherwise, or the period of limitation is extended by Section
20 3-6, a prosecution for any offense not designated in
21 Subsection (a) must be commenced within 3 years after the
22 commission of the offense if it is a felony, or within one
23 year and 6 months after its commission if it is a
24 misdemeanor.
25 (Source: P.A. 89-8, eff. 1-1-96.)
26 (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
27 Sec. 3-6. Extended limitations. The period within which
28 a prosecution must be commenced under the provisions of
29 Section 3-5 or other applicable statute is extended under the
30 following conditions:
HB2257 Engrossed -2- LRB9002963RCks
1 (a) A prosecution for theft involving a breach of a
2 fiduciary obligation to the aggrieved person may be commenced
3 as follows:
4 (1) If the aggrieved person is a minor or a person
5 under legal disability, then during the minority or legal
6 disability or within one year after the termination
7 thereof.
8 (2) In any other instance, within one year after
9 the discovery of the offense by an aggrieved person, or
10 by a person who has legal capacity to represent an
11 aggrieved person or has a legal duty to report the
12 offense, and is not himself or herself a party to the
13 offense; or in the absence of such discovery, within one
14 year after the proper prosecuting officer becomes aware
15 of the offense. However, in no such case is the period of
16 limitation so extended more than 3 years beyond the
17 expiration of the period otherwise applicable.
18 (b) A prosecution for any offense based upon misconduct
19 in office by a public officer or employee may be commenced
20 within one year after discovery of the offense by a person
21 having a legal duty to report such offense, or in the absence
22 of such discovery, within one year after the proper
23 prosecuting officer becomes aware of the offense. However, in
24 no such case is the period of limitation so extended more
25 than 3 years beyond the expiration of the period otherwise
26 applicable.
27 (c) A prosecution for any offense involving sexual
28 conduct or sexual penetration, as defined in Section 12-12 of
29 this Code, except criminal sexual assault, aggravated
30 criminal sexual assault, predatory criminal sexual assault of
31 a child, criminal sexual abuse, or aggravated criminal sexual
32 abuse, where the victim and defendant are family members, as
33 defined in Section 12-12 of this Code, may be commenced
34 within one year of the victim attaining the age of 18 years.
HB2257 Engrossed -3- LRB9002963RCks
1 (d) A prosecution for child pornography, indecent
2 solicitation of a child, soliciting for a juvenile
3 prostitute, juvenile pimping or exploitation of a child may
4 be commenced within one year of the victim attaining the age
5 of 18 years. However, in no such case shall the time period
6 for prosecution expire sooner than 3 years after the
7 commission of the offense. When the victim is under 18 years
8 of age, a prosecution for criminal sexual assault, aggravated
9 criminal sexual assault, predatory criminal sexual assault of
10 a child, criminal sexual abuse or aggravated criminal sexual
11 abuse may be commenced within one year of the victim
12 attaining the age of 18 years. However, in no such case
13 shall the time period for prosecution expire sooner than 3
14 years after the commission of the offense.
15 (e) A prosecution for any offense involving sexual
16 conduct or sexual penetration, as defined in Section 12-12 of
17 this Code, where the defendant was within a professional or
18 fiduciary relationship or a purported professional or
19 fiduciary relationship with the victim at the time of the
20 commission of the offense may be commenced within one year
21 after the discovery of the offense by the victim.
22 (f) A prosecution for any offense set forth in Section
23 44 of the "Environmental Protection Act", approved June 29,
24 1970, as amended, may be commenced within 5 years after the
25 discovery of such an offense by a person or agency having the
26 legal duty to report the offense or in the absence of such
27 discovery, within 5 years after the proper prosecuting
28 officer becomes aware of the offense.
29 (g) A prosecution for attempt to commit first degree
30 murder may be commenced within 7 years after commission of
31 the offense.
32 (h) A prosecution for criminal sexual assault or
33 aggravated criminal sexual assault may be commenced within 5
34 years of the commission of the offense if the victim reported
HB2257 Engrossed -4- LRB9002963RCks
1 the offense to law enforcement authorities within 6 months
2 after the commission of the offense. Nothing in this
3 subdivision (h) shall be construed to shorten a period within
4 which a prosecution must be commenced under any other
5 provision of this Section.
6 (Source: P.A. 89-8, eff. 1-1-96; 89-354, eff. 1-1-96; 89-428,
7 eff. 12-13-95; 89-462, eff. 5-29-96.)