Public Act 094-0253
 		





HB0457 Enrolled
LRB094 06809 RLC 37175 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 1961 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.

    (c) Except as otherwise provided in subsection (a) of 
Section 3-5 of this
Code and subdivision (i) or (j) of this

Section, a
prosecution for any offense involving sexual conduct 
or sexual
penetration, as defined in Section 12-12 of this 
Code, where the victim and
defendant are family members, as 
defined in Section 12-12 of this Code, may
be commenced within 
one year of the victim attaining the age of 18 years.

    (d) A prosecution for child pornography, indecent

solicitation of a
child, soliciting for a juvenile prostitute, 
juvenile pimping or
exploitation of a child 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 12-12 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 
16G-15 or 16G-20 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 2 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.

    (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, or aggravated 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.

    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.

(Source: P.A. 92-752, eff. 8-2-02;
92-801, eff. 8-16-02; 
93-356, eff. 7-24-03.)