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Public Act 101-0130


 

Public Act 0130 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0130
 
HB2135 EnrolledLRB101 04900 SLF 49909 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
Sections 3-5 and 3-6 as follows:
 
    (720 ILCS 5/3-5)  (from Ch. 38, par. 3-5)
    Sec. 3-5. General limitations.
    (a) A prosecution for: (1) first degree murder, attempt to
commit first degree murder, second degree murder, involuntary
manslaughter, reckless homicide, a violation of subparagraph
(F) of paragraph (1) of subsection (d) of Section 11-501 of the
Illinois Vehicle Code for the offense of aggravated driving
under the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination thereof
when the violation was a proximate cause of a death, leaving
the scene of a motor vehicle accident involving death or
personal injuries under Section 11-401 of the Illinois Vehicle
Code, failing to give information and render aid under Section
11-403 of the Illinois Vehicle Code, concealment of homicidal
death, treason, arson, residential arson, aggravated arson,
forgery, child pornography under paragraph (1) of subsection
(a) of Section 11-20.1, or aggravated child pornography under
paragraph (1) of subsection (a) of Section 11-20.1B, or (2) any
offense involving sexual conduct or sexual penetration, as
defined by Section 11-0.1 of this Code in which the DNA profile
of the offender is obtained and entered into a DNA database
within 10 years after the commission of the offense, may be
commenced at any time. Clause (2) of this subsection (a)
applies if either: (i) the victim reported the offense to law
enforcement authorities within 3 years after the commission of
the offense unless a longer period for reporting the offense to
law enforcement authorities is provided in Section 3-6 or (ii)
the victim is murdered during the course of the offense or
within 2 years after the commission of the offense.
    (a-5) A prosecution for theft of property exceeding
$100,000 in value under Section 16-1, identity theft under
subsection (a) of Section 16-30, aggravated identity theft
under subsection (b) of Section 16-30, financial exploitation
of an elderly person or a person with a disability under
Section 17-56; or any offense set forth in Article 16H or
Section 17-10.6 may be commenced within 7 years of the last act
committed in furtherance of the crime.
    (b) Unless the statute describing the offense provides
otherwise, or the period of limitation is extended by Section
3-6, a prosecution for any offense not designated in subsection
(a) or (a-5) must be commenced within 3 years after the
commission of the offense if it is a felony, or within one year
and 6 months after its commission if it is a misdemeanor.
(Source: P.A. 99-820, eff. 8-15-16; 100-149, eff. 1-1-18;
100-863, eff. 8-14-18.)
 
    (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 of the victim attaining the
age of 18 years.
    (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.
    (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 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 at any time 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.
If the victim consented to the collection of evidence using an
Illinois State Police Sexual Assault Evidence Collection Kit
under the Sexual Assault Survivors Emergency Treatment Act, it
shall constitute reporting for purposes of this Section.
    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.
    (2) When the victim is under 18 years of age at the time of
the offense, a prosecution for failure of a person who is
required to report an alleged or suspected commission of
criminal sexual assault, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, aggravated
criminal sexual abuse, or felony criminal sexual abuse 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.
    (l-5) A prosecution for any offense involving sexual
conduct or sexual penetration, as defined in Section 11-0.1 of
this Code, in which the victim was 18 years of age or older at
the time of the offense, may be commenced within one year after
the discovery of the offense by the victim when corroborating
physical evidence is available. The charging document shall
state that the statute of limitations is extended under this
subsection (l-5) and shall state the circumstances justifying
the extension. Nothing in this subsection (l-5) shall be
construed to shorten a period within which a prosecution must
be commenced under any other provision of this Section or
Section 3-5 of this Code.
    (m) The prosecution shall not be required to prove at trial
facts which extend the general limitations in Section 3-5 of
this Code when the facts supporting extension of the period of
general limitations are properly pled in the charging document.
Any challenge relating to the extension of the general
limitations period as defined in this Section shall be
exclusively conducted under Section 114-1 of the Code of
Criminal Procedure of 1963.
    (n) A prosecution for any offense set forth in subsection
(a), (b), or (c) of Section 8A-3 or Section 8A-13 of the
Illinois Public Aid Code, in which the total amount of money
involved is $5,000 or more, including the monetary value of
food stamps and the value of commodities under Section 16-1 of
this Code may be commenced within 5 years of the last act
committed in furtherance of the offense.
(Source: P.A. 99-234, eff. 8-3-15; 99-820, eff. 8-15-16;
100-80, eff. 8-11-17; 100-318, eff. 8-24-17; 100-434, eff.
1-1-18; 100-863, eff. 8-14-18; 100-998, eff. 1-1-19; 100-1010,
eff. 1-1-19; 100-1087, eff. 1-1-19; revised 10-9-18.)

Effective Date: 1/1/2020