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Public Act 100-0318


 

Public Act 0318 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0318
 
SB1842 EnrolledLRB100 09933 RLC 20104 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 2012 is amended by changing
Section 3-6 as follows:
 
    (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
    Sec. 3-6. Extended limitations. The period within which a
prosecution must be commenced under the provisions of Section
3-5 or other applicable statute is extended under the following
conditions:
    (a) A prosecution for theft involving a breach of a
fiduciary obligation to the aggrieved person may be commenced
as follows:
        (1) If the aggrieved person is a minor or a person
    under legal disability, then during the minority or legal
    disability or within one year after the termination
    thereof.
        (2) In any other instance, within one year after the
    discovery of the offense by an aggrieved person, or by a
    person who has legal capacity to represent an aggrieved
    person or has a legal duty to report the offense, and is
    not himself or herself a party to the offense; or in the
    absence of such discovery, within one year after the proper
    prosecuting officer becomes aware of the offense. However,
    in no such case is the period of limitation so extended
    more than 3 years beyond the expiration of the period
    otherwise applicable.
    (b) A prosecution for any offense based upon misconduct in
office by a public officer or employee may be commenced within
one year after discovery of the offense by a person having a
legal duty to report such offense, or in the absence of such
discovery, within one year after the proper prosecuting officer
becomes aware of the offense. However, in no such case is the
period of limitation so extended more than 3 years beyond the
expiration of the period otherwise applicable.
    (b-5) When the victim is under 18 years of age at the time
of the offense, a prosecution for involuntary servitude,
involuntary sexual servitude of a minor, or trafficking in
persons and related offenses under Section 10-9 of this Code
may be commenced within 25 years one year of the victim
attaining the age of 18 years. However, in no such case shall
the time period for prosecution expire sooner than 3 years
after the commission of the offense.
    (c) (Blank).
    (d) A prosecution for child pornography, aggravated child
pornography, indecent solicitation of a child, soliciting for a
juvenile prostitute, juvenile pimping, exploitation of a
child, or promoting juvenile prostitution except for keeping a
place of juvenile prostitution may be commenced within one year
of the victim attaining the age of 18 years. However, in no
such case shall the time period for prosecution expire sooner
than 3 years after the commission of the offense. When the
victim is under 18 years of age, a prosecution for criminal
sexual abuse may be commenced within one year of the victim
attaining the age of 18 years. However, in no such case shall
the time period for prosecution expire sooner than 3 years
after the commission of the offense.
    (e) Except as otherwise provided in subdivision (j), a
prosecution for any offense involving sexual conduct or sexual
penetration, as defined in Section 11-0.1 of this Code, where
the defendant was within a professional or fiduciary
relationship or a purported professional or fiduciary
relationship with the victim at the time of the commission of
the offense may be commenced within one year after the
discovery of the offense by the victim.
    (f) A prosecution for any offense set forth in Section 44
of the "Environmental Protection Act", approved June 29, 1970,
as amended, may be commenced within 5 years after the discovery
of such an offense by a person or agency having the legal duty
to report the offense or in the absence of such discovery,
within 5 years after the proper prosecuting officer becomes
aware of the offense.
    (f-5) A prosecution for any offense set forth in Section
16-30 of this Code may be commenced within 5 years after the
discovery of the offense by the victim of that offense.
    (g) (Blank).
    (h) (Blank).
    (i) Except as otherwise provided in subdivision (j), a
prosecution for criminal sexual assault, aggravated criminal
sexual assault, or aggravated criminal sexual abuse may be
commenced within 10 years of the commission of the offense if
the victim reported the offense to law enforcement authorities
within 3 years after the commission of the offense.
    Nothing in this subdivision (i) shall be construed to
shorten a period within which a prosecution must be commenced
under any other provision of this Section.
    (i-5) A prosecution for armed robbery, home invasion,
kidnapping, or aggravated kidnaping may be commenced within 10
years of the commission of the offense if it arises out of the
same course of conduct and meets the criteria under one of the
offenses in subsection (i) of this Section.
    (j) (1) When the victim is under 18 years of age at the
time of the offense, a prosecution for criminal sexual assault,
aggravated criminal sexual assault, predatory criminal sexual
assault of a child, aggravated criminal sexual abuse, or felony
criminal sexual abuse may be commenced at any time when
corroborating physical evidence is available or an individual
who is required to report an alleged or suspected commission of
any of these offenses under the Abused and Neglected Child
Reporting Act fails to do so.
    (2) In circumstances other than as described in paragraph
(1) of this subsection (j), when the victim is under 18 years
of age at the time of the offense, a prosecution for criminal
sexual assault, aggravated criminal sexual assault, predatory
criminal sexual assault of a child, aggravated criminal sexual
abuse, or felony criminal sexual abuse, or a prosecution for
failure of a person who is required to report an alleged or
suspected commission of any of these offenses under the Abused
and Neglected Child Reporting Act may be commenced within 20
years after the child victim attains 18 years of age.
    (3) When the victim is under 18 years of age at the time of
the offense, a prosecution for misdemeanor criminal sexual
abuse may be commenced within 10 years after the child victim
attains 18 years of age.
    (4) Nothing in this subdivision (j) shall be construed to
shorten a period within which a prosecution must be commenced
under any other provision of this Section.
    (j-5) A prosecution for armed robbery, home invasion,
kidnapping, or aggravated kidnaping may be commenced at any
time if it arises out of the same course of conduct and meets
the criteria under one of the offenses in subsection (j) of
this Section.
    (k) (Blank).
    (l) A prosecution for any offense set forth in Section 26-4
of this Code may be commenced within one year after the
discovery of the offense by the victim of that offense.
(Source: P.A. 98-293, eff. 1-1-14; 98-379, eff. 1-1-14; 98-756,
eff. 7-16-14; 99-234, eff. 8-3-15; 99-820, eff. 8-15-16.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/24/2017