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90_SB1738
720 ILCS 5/3-6 from Ch. 38, par. 3-6
Amends the Criminal Code of 1961. Provides that if the
identity of the accused is unknown and at the time of the
offense physical evidence is collected that is capable of
being tested for its DNA characteristics which would identify
the accused, a prosecution for criminal sexual assault or
aggravated criminal sexual assault may be commenced at any
time.
LRB9011649RCks
LRB9011649RCks
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 3-6.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 3-6 as follows:
7 (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
8 Sec. 3-6. Extended limitations. The period within which
9 a prosecution must be commenced under the provisions of
10 Section 3-5 or other applicable statute is extended under the
11 following conditions:
12 (a) A prosecution for theft involving a breach of a
13 fiduciary obligation to the aggrieved person may be commenced
14 as follows:
15 (1) If the aggrieved person is a minor or a person
16 under legal disability, then during the minority or legal
17 disability or within one year after the termination
18 thereof.
19 (2) In any other instance, within one year after
20 the discovery of the offense by an aggrieved person, or
21 by a person who has legal capacity to represent an
22 aggrieved person or has a legal duty to report the
23 offense, and is not himself or herself a party to the
24 offense; or in the absence of such discovery, within one
25 year after the proper prosecuting officer becomes aware
26 of the offense. However, in no such case is the period of
27 limitation so extended more than 3 years beyond the
28 expiration of the period otherwise applicable.
29 (b) A prosecution for any offense based upon misconduct
30 in office by a public officer or employee may be commenced
31 within one year after discovery of the offense by a person
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1 having a legal duty to report such offense, or in the absence
2 of such discovery, within one year after the proper
3 prosecuting officer becomes aware of the offense. However, in
4 no such case is the period of limitation so extended more
5 than 3 years beyond the expiration of the period otherwise
6 applicable.
7 (c) A prosecution for any offense involving sexual
8 conduct or sexual penetration, as defined in Section 12-12 of
9 this Code, where the victim and defendant are family members,
10 as defined in Section 12-12 of this Code, may be commenced
11 within one year of the victim attaining the age of 18 years.
12 (d) A prosecution for child pornography, indecent
13 solicitation of a child, soliciting for a juvenile
14 prostitute, juvenile pimping or exploitation of a child may
15 be commenced within one year of the victim attaining the age
16 of 18 years. However, in no such case shall the time period
17 for prosecution expire sooner than 3 years after the
18 commission of the offense. When the victim is under 18 years
19 of age, a prosecution for criminal sexual assault, aggravated
20 criminal sexual assault, predatory criminal sexual assault of
21 a child, criminal sexual abuse or aggravated criminal sexual
22 abuse may be commenced within one year of the victim
23 attaining the age of 18 years. However, in no such case
24 shall the time period for prosecution expire sooner than 3
25 years after the commission of the offense.
26 (e) A prosecution for any offense involving sexual
27 conduct or sexual penetration, as defined in Section 12-12 of
28 this Code, where the defendant was within a professional or
29 fiduciary relationship or a purported professional or
30 fiduciary relationship with the victim at the time of the
31 commission of the offense may be commenced within one year
32 after the discovery of the offense by the victim.
33 (f) A prosecution for any offense set forth in Section
34 44 of the "Environmental Protection Act", approved June 29,
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1 1970, as amended, may be commenced within 5 years after the
2 discovery of such an offense by a person or agency having the
3 legal duty to report the offense or in the absence of such
4 discovery, within 5 years after the proper prosecuting
5 officer becomes aware of the offense.
6 (g) A prosecution for attempt to commit first degree
7 murder may be commenced within 7 years after commission of
8 the offense.
9 (h) A prosecution for criminal sexual assault or
10 aggravated criminal sexual assault may be commenced within 5
11 years of the commission of the offense if the victim reported
12 the offense to law enforcement authorities within 6 months
13 after the commission of the offense. If the identity of the
14 accused is unknown and at the time of the offense physical
15 evidence is collected that is capable of being tested for its
16 DNA characteristics which would identify the accused, a
17 prosecution for criminal sexual assault or aggravated
18 criminal sexual assault may be commenced at any time.
19 Nothing in this subdivision (h) shall be construed to shorten
20 a period within which a prosecution must be commenced under
21 any other provision of this Section.
22 (Source: P.A. 89-8, eff. 1-1-96; 89-354, eff. 1-1-96; 89-428,
23 eff. 12-13-95; 89-462, eff. 5-29-96.)