State of Illinois
91st General Assembly
Legislation

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91_HB2888eng

HB2888 Engrossed                               LRB9108005RCsb

 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,  attempt  to
10    commit first degree murder, second degree murder, involuntary
11    manslaughter,  reckless  homicide,  concealment  of homicidal
12    death, treason, arson, aggravated arson, or  forgery  may  be
13    commenced at any time.
14        (b)  Unless  the  statute describing the offense provides
15    otherwise, or the period of limitation is extended by Section
16    3-6,  a  prosecution  for  any  offense  not  designated   in
17    Subsection  (a)  must  be  commenced within 3 years after the
18    commission of the offense if it is a felony,  or  within  one
19    year   and   6  months  after  its  commission  if  it  is  a
20    misdemeanor.
21    (Source: P.A. 89-8, eff. 1-1-96.)

22        (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
23        Sec. 3-6.  Extended limitations. The period within  which
24    a  prosecution  must  be  commenced  under  the provisions of
25    Section 3-5 or other applicable statute is extended under the
26    following conditions:
27        (a)  A prosecution for theft  involving  a  breach  of  a
28    fiduciary obligation to the aggrieved person may be commenced
29    as follows:
30             (1)  If  the aggrieved person is a minor or a person
 
HB2888 Engrossed            -2-                LRB9108005RCsb
 1        under legal disability, then during the minority or legal
 2        disability or  within  one  year  after  the  termination
 3        thereof.
 4             (2)  In  any  other  instance, within one year after
 5        the discovery of the offense by an aggrieved  person,  or
 6        by  a  person  who  has  legal  capacity  to represent an
 7        aggrieved person or  has  a  legal  duty  to  report  the
 8        offense,  and  is  not  himself or herself a party to the
 9        offense; or in the absence of such discovery, within  one
10        year  after  the proper prosecuting officer becomes aware
11        of the offense. However, in no such case is the period of
12        limitation so extended  more  than  3  years  beyond  the
13        expiration of the period otherwise applicable.
14        (b)  A  prosecution for any offense based upon misconduct
15    in office by a public officer or employee  may  be  commenced
16    within  one  year  after discovery of the offense by a person
17    having a legal duty to report such offense, or in the absence
18    of  such  discovery,  within  one  year  after   the   proper
19    prosecuting officer becomes aware of the offense. However, in
20    no  such  case  is  the period of limitation so extended more
21    than 3 years beyond the expiration of  the  period  otherwise
22    applicable.
23        (c)  Except  as  otherwise provided in subdivision (i) of
24    this Section, a prosecution for any offense involving  sexual
25    conduct or sexual penetration, as defined in Section 12-12 of
26    this Code, where the victim and defendant are family members,
27    as  defined  in  Section 12-12 of this Code, may be commenced
28    within one year of the victim attaining the age of 18 years.
29        (d)  A  prosecution  for  child   pornography,   indecent
30    solicitation   of   a   child,   soliciting  for  a  juvenile
31    prostitute, juvenile pimping or exploitation of a  child  may
32    be  commenced within one year of the victim attaining the age
33    of 18 years. However, in no such case shall the  time  period
34    for   prosecution  expire  sooner  than  3  years  after  the
 
HB2888 Engrossed            -3-                LRB9108005RCsb
 1    commission of the offense.  When the victim is under 18 years
 2    of age, a  prosecution  for  criminal  sexual  abuse  may  be
 3    commenced  within one year of the victim attaining the age of
 4    18 years.  However, in no such case shall the time period for
 5    prosecution expire sooner than 3 years after  the  commission
 6    of the offense.
 7        (e)  A  prosecution  for  any  offense  involving  sexual
 8    conduct or sexual penetration, as defined in Section 12-12 of
 9    this  Code,  where the defendant was within a professional or
10    fiduciary  relationship  or  a  purported   professional   or
11    fiduciary  relationship  with  the  victim at the time of the
12    commission of the offense may be commenced  within  one  year
13    after the discovery of the offense by the victim.
14        (f)  A  prosecution  for any offense set forth in Section
15    44 of the "Environmental Protection Act", approved  June  29,
16    1970,  as  amended, may be commenced within 5 years after the
17    discovery of such an offense by a person or agency having the
18    legal duty to report the offense or in the  absence  of  such
19    discovery,  within  5  years  after  the  proper  prosecuting
20    officer becomes aware of the offense.
21        (g)  (Blank).  A  prosecution for attempt to commit first
22    degree  murder  may  be  commenced  within  7   years   after
23    commission of the offense.
24        (h)  (Blank).
25        (i)  A   prosecution   for   criminal   sexual   assault,
26    aggravated  criminal  sexual  assault, or aggravated criminal
27    sexual  abuse  may  be  commenced  within  10  years  of  the
28    commission of the offense if the victim reported the  offense
29    to  law  enforcement  authorities  within  2  years after the
30    commission of the offense.
31        When the victim is under 18 years of age at the  time  of
32    the offense and the offender is a family member as defined in
33    Section  12-12,  a  prosecution  for criminal sexual assault,
34    aggravated criminal sexual assault, predatory criminal sexual
 
HB2888 Engrossed            -4-                LRB9108005RCsb
 1    assault of a child, or aggravated criminal sexual  abuse  may
 2    be  commenced within 10 years of the victim attaining the age
 3    of 18 years.
 4        When the victim is under 18 years of age at the  time  of
 5    the  offense  and  the  offender  is  not  a family member as
 6    defined in Section 12-12, a prosecution for  criminal  sexual
 7    assault,   aggravated   criminal  sexual  assault,  predatory
 8    criminal sexual assault of a child,  or  aggravated  criminal
 9    sexual  abuse  may be commenced within 10 years of the victim
10    attaining the age of 18 years, if  the  victim  reported  the
11    offense  to  law  enforcement  authorities  before  he or she
12    attained the age of 21 years. Nothing in this subdivision (i)
13    shall be  construed  to  shorten  a  period  within  which  a
14    prosecution  must  be  commenced under any other provision of
15    this Section.
16    (Source: P.A. 91-475, eff. 1-1-00.)

17        Section 95.  No acceleration or delay.   Where  this  Act
18    makes changes in a statute that is represented in this Act by
19    text  that  is not yet or no longer in effect (for example, a
20    Section represented by multiple versions), the  use  of  that
21    text  does  not  accelerate or delay the taking effect of (i)
22    the changes made by this Act or (ii) provisions derived  from
23    any other Public Act.

24        Section  99.  Effective date.  This Act takes effect upon
25    becoming law.

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