Public Act 096-0233
 		





HB0224 Enrolled
LRB096 04539 RLC 14594 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 
Sections 3-6, 11-11, and 12-12 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) (Blank). 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 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.

    (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 
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. 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.

    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.

    (k) A prosecution for theft involving real property 
exceeding $100,000 in value under  Section 16-1, identity theft 
under Section 16G-15, aggravated identity theft under Section 
16G-20, or any offense set forth in Article 16H may be 
commenced within 7 years of the last act committed in 
furtherance of the crime.

(Source: P.A. 94-253, eff. 1-1-06; 94-990, eff. 1-1-07; 95-548, 
eff. 8-30-07.)

 



    (720 ILCS 5/11-11)  (from Ch. 38, par. 11-11)



    Sec. 11-11. Sexual Relations Within Families. 
    (a) A
person commits sexual relations within families if he 
or she:

        (1) Commits an act of sexual penetration as defined in 
    Section 12-12
of this Code; and

        (2) The person knows that he or she is related to the 
    other person as follows:
(i) Brother or sister, either of 
    the whole blood or the half blood;
or (ii) Father or 
    mother, when the child, regardless of
legitimacy and 
    regardless of whether the child was of the
whole blood or 
    half-blood or was adopted, was
18 years of age or over when 
    the act was committed; or (iii) Stepfather
or stepmother, 
    when the stepchild was 18 years of age or over when the act

    was committed; or  (iv) Aunt or uncle, when the niece or 
    nephew was 18 years of age or over when the act
was 
    committed; or (v) Great-aunt or great-uncle, when the 
    grand-niece or grand-nephew was 18 years of age or over 
    when the act
was committed; or (vi)  Grandparent or 
    step-grandparent, when the grandchild or step-grandchild 
    was 18 years of age or over when the act was committed.

    (b) Sentence. Sexual relations within families
is a Class 3 
felony.

(Source: P.A. 84-1280.)

 



    (720 ILCS 5/12-12)  (from Ch. 38, par. 12-12)



    Sec. 12-12. Definitions. For the purposes of Sections 12-13 
through
12-18 of this Code, the terms used in these Sections 
shall have the following
meanings ascribed to them:

    (a) "Accused" means a person accused of an offense 
prohibited by Sections
12-13, 12-14, 12-15 or 12-16 of this 
Code or a person for whose conduct
the accused is legally 
responsible under Article 5 of this Code.

    (b) "Bodily harm" means physical harm, and includes, but is 
not limited
to, sexually transmitted disease, pregnancy and 
impotence.

    (c) "Family member" means a parent, grandparent, or
child, 
aunt, uncle, great-aunt, or great-uncle, whether by whole 
blood, half-blood or adoption, and
includes a 
step-grandparent, step-parent, or step-child.
"Family member" 
also means, where the victim is a child under 18 years of
age, 
an accused who has
resided in the household with such child 
continuously for at least 6 months one year.

    (d) "Force or threat of force" means the use of force
or 
violence, or the threat of force or violence, including but
not 
limited to the following situations:


        (1) when the accused threatens to use force or violence 
    on the
victim or on any other person, and the victim under 
    the circumstances
reasonably believed that the accused had 
    the ability to execute that threat; or


        (2) when the accused has overcome the victim by use of 
    superior strength
or size, physical restraint or physical 
    confinement.

    (e) "Sexual conduct" means any intentional or knowing 
touching or fondling
by the victim or the accused, either 
directly or through clothing, of the
sex organs, anus or breast 
of the victim or the accused, or any part of
the body of a child 
under 13 years of age, or any transfer or transmission of
semen 
by the accused upon any part of the clothed or unclothed body 
of the
victim, for the purpose of sexual
gratification or 
arousal of the victim or the accused.

    (f) "Sexual penetration" means any contact, however 
slight, between the
sex organ or anus of one person by an 
object, the sex organ,
mouth or anus of another person,
or any 
intrusion, however slight, of any part of the body of one 
person or
of any animal or object into the sex organ or anus of 
another person,
including but not limited to cunnilingus, 
fellatio or anal penetration.
Evidence of emission of semen is 
not required to prove sexual penetration.

    (g) "Victim" means a person alleging to have been subjected 
to an offense
prohibited by Sections 12-13, 12-14, 12-15 or 
12-16 of this Code.

(Source: P.A. 91-116, eff. 1-1-00.)