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91_SB1251
LRB9108015RCks
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
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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
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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 first
22 degree murder may be commenced within 7 years after
23 commission 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
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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.