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91_HB2888eng HB2888 Engrossed LRB9108005RCsb 1 AN ACT to amend the Criminal Code of 1961 by changing 2 Sections 3-5 and 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 Sections 3-5 and 3-6 as follows: 7 (720 ILCS 5/3-5) (from Ch. 38, par. 3-5) 8 Sec. 3-5. General Limitations. 9 (a) A prosecution for first degree murder, attempt to 10 commit first degree murder, second degree murder, involuntary 11 manslaughter, reckless homicide, concealment of homicidal 12 death, treason, arson, aggravated arson, or forgery may be 13 commenced at any time. 14 (b) Unless the statute describing the offense provides 15 otherwise, or the period of limitation is extended by Section 16 3-6, a prosecution for any offense not designated in 17 Subsection (a) must be commenced within 3 years after the 18 commission of the offense if it is a felony, or within one 19 year and 6 months after its commission if it is a 20 misdemeanor. 21 (Source: P.A. 89-8, eff. 1-1-96.) 22 (720 ILCS 5/3-6) (from Ch. 38, par. 3-6) 23 Sec. 3-6. Extended limitations. The period within which 24 a prosecution must be commenced under the provisions of 25 Section 3-5 or other applicable statute is extended under the 26 following conditions: 27 (a) A prosecution for theft involving a breach of a 28 fiduciary obligation to the aggrieved person may be commenced 29 as follows: 30 (1) If the aggrieved person is a minor or a person HB2888 Engrossed -2- LRB9108005RCsb 1 under legal disability, then during the minority or legal 2 disability or within one year after the termination 3 thereof. 4 (2) In any other instance, within one year after 5 the discovery of the offense by an aggrieved person, or 6 by a person who has legal capacity to represent an 7 aggrieved person or has a legal duty to report the 8 offense, and is not himself or herself a party to the 9 offense; or in the absence of such discovery, within one 10 year after the proper prosecuting officer becomes aware 11 of the offense. However, in no such case is the period of 12 limitation so extended more than 3 years beyond the 13 expiration of the period otherwise applicable. 14 (b) A prosecution for any offense based upon misconduct 15 in office by a public officer or employee may be commenced 16 within one year after discovery of the offense by a person 17 having a legal duty to report such offense, or in the absence 18 of such discovery, within one year after the proper 19 prosecuting officer becomes aware of the offense. However, in 20 no such case is the period of limitation so extended more 21 than 3 years beyond the expiration of the period otherwise 22 applicable. 23 (c) Except as otherwise provided in subdivision (i) of 24 this Section, a prosecution for any offense involving sexual 25 conduct or sexual penetration, as defined in Section 12-12 of 26 this Code, where the victim and defendant are family members, 27 as defined in Section 12-12 of this Code, may be commenced 28 within one year of the victim attaining the age of 18 years. 29 (d) A prosecution for child pornography, indecent 30 solicitation of a child, soliciting for a juvenile 31 prostitute, juvenile pimping or exploitation of a child may 32 be commenced within one year of the victim attaining the age 33 of 18 years. However, in no such case shall the time period 34 for prosecution expire sooner than 3 years after the HB2888 Engrossed -3- LRB9108005RCsb 1 commission of the offense. When the victim is under 18 years 2 of age, a prosecution for criminal sexual abuse may be 3 commenced within one year of the victim attaining the age of 4 18 years. However, in no such case shall the time period for 5 prosecution expire sooner than 3 years after the commission 6 of the offense. 7 (e) A prosecution for any offense involving sexual 8 conduct or sexual penetration, as defined in Section 12-12 of 9 this Code, where the defendant was within a professional or 10 fiduciary relationship or a purported professional or 11 fiduciary relationship with the victim at the time of the 12 commission of the offense may be commenced within one year 13 after the discovery of the offense by the victim. 14 (f) A prosecution for any offense set forth in Section 15 44 of the "Environmental Protection Act", approved June 29, 16 1970, as amended, may be commenced within 5 years after the 17 discovery of such an offense by a person or agency having the 18 legal duty to report the offense or in the absence of such 19 discovery, within 5 years after the proper prosecuting 20 officer becomes aware of the offense. 21 (g) (Blank).A prosecution for attempt to commit first22degree murder may be commenced within 7 years after23commission of the offense.24 (h) (Blank). 25 (i) A prosecution for criminal sexual assault, 26 aggravated criminal sexual assault, or aggravated criminal 27 sexual abuse may be commenced within 10 years of the 28 commission of the offense if the victim reported the offense 29 to law enforcement authorities within 2 years after the 30 commission of the offense. 31 When the victim is under 18 years of age at the time of 32 the offense and the offender is a family member as defined in 33 Section 12-12, a prosecution for criminal sexual assault, 34 aggravated criminal sexual assault, predatory criminal sexual HB2888 Engrossed -4- LRB9108005RCsb 1 assault of a child, or aggravated criminal sexual abuse may 2 be commenced within 10 years of the victim attaining the age 3 of 18 years. 4 When the victim is under 18 years of age at the time of 5 the offense and the offender is not a family member as 6 defined in Section 12-12, a prosecution for criminal sexual 7 assault, aggravated criminal sexual assault, predatory 8 criminal sexual assault of a child, or aggravated criminal 9 sexual abuse may be commenced within 10 years of the victim 10 attaining the age of 18 years, if the victim reported the 11 offense to law enforcement authorities before he or she 12 attained the age of 21 years. Nothing in this subdivision (i) 13 shall be construed to shorten a period within which a 14 prosecution must be commenced under any other provision of 15 this Section. 16 (Source: P.A. 91-475, eff. 1-1-00.) 17 Section 95. No acceleration or delay. Where this Act 18 makes changes in a statute that is represented in this Act by 19 text that is not yet or no longer in effect (for example, a 20 Section represented by multiple versions), the use of that 21 text does not accelerate or delay the taking effect of (i) 22 the changes made by this Act or (ii) provisions derived from 23 any other Public Act. 24 Section 99. Effective date. This Act takes effect upon 25 becoming law.