Public Act 099-0234
 
HB1418 EnrolledLRB099 05184 RLC 25214 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 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) A prosecution for theft involving real 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, 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.

    (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. 97-597, eff. 1-1-12; 97-897, eff. 1-1-13; 98-293, 
eff. 1-1-14; 98-379, eff. 1-1-14; 98-756, eff. 7-16-14.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.