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91_SB0224eng SB224 Engrossed LRB9100882RCks 1 AN ACT in relation to sex offenses committed against 2 persons under 18 years of age. 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 Section 3-6 as follows: 7 (720 ILCS 5/3-6) (from Ch. 38, par. 3-6) 8 Sec. 3-6. Extended limitations. The period within which 9 a prosecution must be commenced under the provisions of 10 Section 3-5 or other applicable statute is extended under the 11 following conditions: 12 (a) A prosecution for theft involving a breach of a 13 fiduciary obligation to the aggrieved person may be commenced 14 as follows: 15 (1) If the aggrieved person is a minor or a person 16 under legal disability, then during the minority or legal 17 disability or within one year after the termination 18 thereof. 19 (2) In any other instance, within one year after 20 the discovery of the offense by an aggrieved person, or 21 by a person who has legal capacity to represent an 22 aggrieved person or has a legal duty to report the 23 offense, and is not himself or herself a party to the 24 offense; or in the absence of such discovery, within one 25 year after the proper prosecuting officer becomes aware 26 of the offense. However, in no such case is the period of 27 limitation so extended more than 3 years beyond the 28 expiration of the period otherwise applicable. 29 (b) A prosecution for any offense based upon misconduct 30 in office by a public officer or employee may be commenced 31 within one year after discovery of the offense by a person SB224 Engrossed -2- LRB9100882RCks 1 having a legal duty to report such offense, or in the absence 2 of such discovery, within one year after the proper 3 prosecuting officer becomes aware of the offense. However, in 4 no such case is the period of limitation so extended more 5 than 3 years beyond the expiration of the period otherwise 6 applicable. 7 (c) A prosecution for any offense involving sexual 8 conduct or sexual penetration, as defined in Section 12-12 of 9 this Code, where the victim and defendant are family members, 10 as defined in Section 12-12 of this Code, may be commenced 11 within one year of the victim attaining the age of 18 years. 12 (d) A prosecution for child pornography, indecent 13 solicitation of a child, soliciting for a juvenile 14 prostitute, juvenile pimping or exploitation of a child may 15 be commenced within one year of the victim attaining the age 16 of 18 years. However, in no such case shall the time period 17 for prosecution expire sooner than 3 years after the 18 commission of the offense. When the victim is under 18 years 19 of age, a prosecution for criminal sexual assault, aggravated 20 criminal sexual assault, predatory criminal sexual assault of 21 a child, criminal sexual abuse or aggravated criminal sexual 22 abuse may be commenced within one year of the victim 23 attaining the age of 18 years. However, in no such case 24 shall the time period for prosecution expire sooner than 5325 years after the commission of the offense. 26 (e) A prosecution for any offense involving sexual 27 conduct or sexual penetration, as defined in Section 12-12 of 28 this Code, where the defendant was within a professional or 29 fiduciary relationship or a purported professional or 30 fiduciary relationship with the victim at the time of the 31 commission of the offense may be commenced within one year 32 after the discovery of the offense by the victim. 33 (f) A prosecution for any offense set forth in Section 34 44 of the "Environmental Protection Act", approved June 29, SB224 Engrossed -3- LRB9100882RCks 1 1970, as amended, may be commenced within 5 years after the 2 discovery of such an offense by a person or agency having the 3 legal duty to report the offense or in the absence of such 4 discovery, within 5 years after the proper prosecuting 5 officer becomes aware of the offense. 6 (g) A prosecution for attempt to commit first degree 7 murder may be commenced within 7 years after commission of 8 the offense. 9 (h) A prosecution for criminal sexual assault or 10 aggravated criminal sexual assault may be commenced within 5 11 years of the commission of the offense if the victim reported 12 the offense to law enforcement authorities within 6 months 13 after the commission of the offense. Nothing in this 14 subdivision (h) shall be construed to shorten a period within 15 which a prosecution must be commenced under any other 16 provision of this Section. 17 (Source: P.A. 89-8, eff. 1-1-96; 89-354, eff. 1-1-96; 89-428, 18 eff. 12-13-95; 89-462, eff. 5-29-96.)