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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
91_HB0329enr HB0329 Enrolled LRB9100495RCks 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 HB0329 Enrolled -2- LRB9100495RCks 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) Except as otherwise provided in subdivision (i) of 8 this Section, a prosecution for any offense involving sexual 9 conduct or sexual penetration, as defined in Section 12-12 of 10 this Code, where the victim and defendant are family members, 11 as defined in Section 12-12 of this Code, may be commenced 12 within one year of the victim attaining the age of 18 years. 13 (d) A prosecution for child pornography, indecent 14 solicitation of a child, soliciting for a juvenile 15 prostitute, juvenile pimping or exploitation of a child may 16 be commenced within one year of the victim attaining the age 17 of 18 years. However, in no such case shall the time period 18 for prosecution expire sooner than 3 years after the 19 commission of the offense. When the victim is under 18 years 20 of age, a prosecution forcriminal sexual assault, aggravated21criminal sexual assault, predatory criminal sexual assault of22a child,criminal sexual abuseor aggravated criminal sexual23abusemay be commenced within one year of the victim 24 attaining the age of 18 years. However, in no such case 25 shall the time period for prosecution expire sooner than 3 26 years after the commission of the offense. 27 (e) A prosecution for any offense involving sexual 28 conduct or sexual penetration, as defined in Section 12-12 of 29 this Code, where the defendant was within a professional or 30 fiduciary relationship or a purported professional or 31 fiduciary relationship with the victim at the time of the 32 commission of the offense may be commenced within one year 33 after the discovery of the offense by the victim. 34 (f) A prosecution for any offense set forth in Section HB0329 Enrolled -3- LRB9100495RCks 1 44 of the "Environmental Protection Act", approved June 29, 2 1970, as amended, may be commenced within 5 years after the 3 discovery of such an offense by a person or agency having the 4 legal duty to report the offense or in the absence of such 5 discovery, within 5 years after the proper prosecuting 6 officer becomes aware of the offense. 7 (g) A prosecution for attempt to commit first degree 8 murder may be commenced within 7 years after commission of 9 the offense. 10 (h) (Blank).A prosecution for criminal sexual assault11or aggravated criminal sexual assault may be commenced within125 years of the commission of the offense if the victim13reported the offense to law enforcement authorities within 614months after the commission of the offense. Nothing in this15subdivision (h) shall be construed to shorten a period within16which a prosecution must be commenced under any other17provision of this Section.18 (i) A prosecution for criminal sexual assault, 19 aggravated criminal sexual assault, or aggravated criminal 20 sexual abuse may be commenced within 10 years of the 21 commission of the offense if the victim reported the offense 22 to law enforcement authorities within 2 years after the 23 commission of the offense. 24 When the victim is under 18 years of age at the time of 25 the offense and the offender is a family member as defined in 26 Section 12-12, a prosecution for criminal sexual assault, 27 aggravated criminal sexual assault, predatory criminal sexual 28 assault of a child, or aggravated criminal sexual abuse may 29 be commenced within 10 years of the victim attaining the age 30 of 18 years. 31 When the victim is under 18 years of age at the time of 32 the offense and the offender is not a family member as 33 defined in Section 12-12, a prosecution for criminal sexual 34 assault, aggravated criminal sexual assault, predatory HB0329 Enrolled -4- LRB9100495RCks 1 criminal sexual assault of a child, or aggravated criminal 2 sexual abuse may be commenced within 10 years of the victim 3 attaining the age of 18 years, if the victim reported the 4 offense to law enforcement authorities before he or she 5 attained the age of 21 years. Nothing in this subdivision (i) 6 shall be construed to shorten a period within which a 7 prosecution must be commenced under any other provision of 8 this Section. 9 (Source: P.A. 89-8, eff. 1-1-96; 89-354, eff. 1-1-96; 89-428, 10 eff. 12-13-95; 89-462, eff. 5-29-96.)