State of Illinois
91st General Assembly
Legislation
2nd Special Session

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[ Introduced ][ House Amendment 001 ][ House Amendment 002 ]
[ Senate Amendment 001 ]

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
 
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 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 5 3
25    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.)

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