SB1842 EngrossedLRB101 07676 JRG 52724 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 3-6 as follows:
 
6    (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
7    Sec. 3-6. Extended limitations. The period within which a
8prosecution must be commenced under the provisions of Section
93-5 or other applicable statute is extended under the following
10conditions:
11    (a) A prosecution for theft involving a breach of a
12fiduciary obligation to the aggrieved person may be commenced
13as follows:
14        (1) If the aggrieved person is a minor or a person
15    under legal disability, then during the minority or legal
16    disability or within one year after the termination
17    thereof.
18        (2) In any other instance, within one year after the
19    discovery of the offense by an aggrieved person, or by a
20    person who has legal capacity to represent an aggrieved
21    person or has a legal duty to report the offense, and is
22    not himself or herself a party to the offense; or in the
23    absence of such discovery, within one year after the proper

 

 

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1    prosecuting officer becomes aware of the offense. However,
2    in no such case is the period of limitation so extended
3    more than 3 years beyond the expiration of the period
4    otherwise applicable.
5    (b) A prosecution for any offense based upon misconduct in
6office by a public officer or employee may be commenced within
7one year after discovery of the offense by a person having a
8legal duty to report such offense, or in the absence of such
9discovery, within one year after the proper prosecuting officer
10becomes aware of the offense. However, in no such case is the
11period of limitation so extended more than 3 years beyond the
12expiration of the period otherwise applicable.
13    (b-5) When the victim is under 18 years of age at the time
14of the offense, a prosecution for involuntary servitude,
15involuntary sexual servitude of a minor, or trafficking in
16persons and related offenses under Section 10-9 of this Code
17may be commenced within 25 years of the victim attaining the
18age of 18 years.
19    (c) (Blank).
20    (d) A prosecution for child pornography, aggravated child
21pornography, indecent solicitation of a child, soliciting for a
22juvenile prostitute, juvenile pimping, exploitation of a
23child, or promoting juvenile prostitution except for keeping a
24place of juvenile prostitution may be commenced within one year
25of the victim attaining the age of 18 years. However, in no
26such case shall the time period for prosecution expire sooner

 

 

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1than 3 years after the commission of the offense.
2    (e) Except as otherwise provided in subdivision (j), a
3prosecution for any offense involving sexual conduct or sexual
4penetration, as defined in Section 11-0.1 of this Code, where
5the defendant was within a professional or fiduciary
6relationship or a purported professional or fiduciary
7relationship with the victim at the time of the commission of
8the offense may be commenced within one year after the
9discovery of the offense by the victim.
10    (f) A prosecution for any offense set forth in Section 44
11of the Environmental Protection Act may be commenced within 5
12years after the discovery of such an offense by a person or
13agency having the legal duty to report the offense or in the
14absence of such discovery, within 5 years after the proper
15prosecuting officer becomes aware of the offense.
16    (f-5) A prosecution for any offense set forth in Section
1716-30 of this Code may be commenced within 5 years after the
18discovery of the offense by the victim of that offense.
19    (g) (Blank).
20    (h) (Blank).
21    (i) Except as otherwise provided in subdivision (j), a
22prosecution for criminal sexual assault, aggravated criminal
23sexual assault, or aggravated criminal sexual abuse may be
24commenced within 10 years of the commission of the offense if
25the victim reported the offense to law enforcement authorities
26within 3 years after the commission of the offense. If the

 

 

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1victim consented to the collection of evidence using an
2Illinois State Police Sexual Assault Evidence Collection Kit
3under the Sexual Assault Survivors Emergency Treatment Act, it
4shall constitute reporting for purposes of this Section.
5    Nothing in this subdivision (i) shall be construed to
6shorten a period within which a prosecution must be commenced
7under any other provision of this Section.
8    (i-5) A prosecution for armed robbery, home invasion,
9kidnapping, or aggravated kidnaping may be commenced within 10
10years of the commission of the offense if it arises out of the
11same course of conduct and meets the criteria under one of the
12offenses in subsection (i) of this Section.
13    (j) (1) When the victim is under 18 years of age at the
14time of the offense, a prosecution for criminal sexual assault,
15aggravated criminal sexual assault, predatory criminal sexual
16assault of a child, aggravated criminal sexual abuse, or felony
17criminal sexual abuse may be commenced at any time.
18    (2) When the victim is under 18 years of age at the time of
19the offense, a prosecution for failure of a person who is
20required to report an alleged or suspected commission of
21criminal sexual assault, aggravated criminal sexual assault,
22predatory criminal sexual assault of a child, aggravated
23criminal sexual abuse, or felony criminal sexual abuse under
24the Abused and Neglected Child Reporting Act may be commenced
25within 20 years after the child victim attains 18 years of age.
26    (3) When the victim is under 18 years of age at the time of

 

 

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1the offense, a prosecution for misdemeanor criminal sexual
2abuse may be commenced within 10 years after the child victim
3attains 18 years of age.
4    (4) Nothing in this subdivision (j) shall be construed to
5shorten a period within which a prosecution must be commenced
6under any other provision of this Section.
7    (j-5) A prosecution for armed robbery, home invasion,
8kidnapping, or aggravated kidnaping may be commenced at any
9time if it arises out of the same course of conduct and meets
10the criteria under one of the offenses in subsection (j) of
11this Section.
12    (k) (Blank).
13    (l) A prosecution for any offense set forth in Section 26-4
14of this Code may be commenced within one year after the
15discovery of the offense by the victim of that offense.
16    (l-5) A prosecution for any offense involving sexual
17conduct or sexual penetration, as defined in Section 11-0.1 of
18this Code, in which the victim was 18 years of age or older at
19the time of the offense, may be commenced within one year after
20the discovery of the offense by the victim when corroborating
21physical evidence is available. The charging document shall
22state that the statute of limitations is extended under this
23subsection (l-5) and shall state the circumstances justifying
24the extension. Nothing in this subsection (l-5) shall be
25construed to shorten a period within which a prosecution must
26be commenced under any other provision of this Section or

 

 

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1Section 3-5 of this Code.
2    (m) The prosecution shall not be required to prove at trial
3facts which extend the general limitations in Section 3-5 of
4this Code when the facts supporting extension of the period of
5general limitations are properly pled in the charging document.
6Any challenge relating to the extension of the general
7limitations period as defined in this Section shall be
8exclusively conducted under Section 114-1 of the Code of
9Criminal Procedure of 1963.
10    (n) A prosecution for any offense set forth in subsection
11(a), (b), or (c) of Section 8A-3 or Section 8A-13 of the
12Illinois Public Aid Code, in which the total amount of money
13involved is $5,000 or more, including the monetary value of
14food stamps and the value of commodities under Section 16-1 of
15this Code may be commenced within 5 years of the last act
16committed in furtherance of the offense.
17    (o) A prosecution for any offense under the Illinois
18Funeral or Burial Funds Act may be commenced within one year
19after the discovery of the offense by the victim of that
20offense.
21(Source: P.A. 99-234, eff. 8-3-15; 99-820, eff. 8-15-16;
22100-80, eff. 8-11-17; 100-318, eff. 8-24-17; 100-434, eff.
231-1-18; 100-863, eff. 8-14-18; 100-998, eff. 1-1-19; 100-1010,
24eff. 1-1-19; 100-1087, eff. 1-1-19; revised 10-9-18.)