State of Illinois
91st General Assembly
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Public Act 91-0801

HB2888 Enrolled                                LRB9108005RCsb

    AN ACT to amend the Criminal Code  of  1961  by  changing
Sections 3-5 and 3-6.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Criminal  Code  of  1961  is  amended  by
changing Sections 3-5 and 3-6 as follows:

    (720 ILCS 5/3-5) (from Ch. 38, par. 3-5)
    Sec. 3-5.  General Limitations.
    (a)  A  prosecution  for  first degree murder, attempt to
commit first degree murder, second degree murder, involuntary
manslaughter, reckless  homicide,  concealment  of  homicidal
death,  treason,  arson,  aggravated arson, or forgery may be
commenced at any time.
    (b)  Unless the statute describing the  offense  provides
otherwise, or the period of limitation is extended by Section
3-6,   a  prosecution  for  any  offense  not  designated  in
Subsection (a) must be commenced within  3  years  after  the
commission  of  the  offense if it is a felony, or within one
year  and  6  months  after  its  commission  if  it   is   a
misdemeanor.
(Source: P.A. 89-8, eff. 1-1-96.)

    (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.
    (c)  Except as otherwise provided in subdivision  (i)  of
this  Section, a prosecution for any offense involving sexual
conduct or sexual penetration, as defined in Section 12-12 of
this Code, where the victim and defendant are family members,
as defined in Section 12-12 of this Code,  may  be  commenced
within one year of the victim attaining the age of 18 years.
    (d)  A   prosecution   for  child  pornography,  indecent
solicitation  of  a  child,   soliciting   for   a   juvenile
prostitute,  juvenile  pimping or exploitation of a child 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)  A  prosecution  for  any  offense  involving  sexual
conduct or sexual penetration, as defined in Section 12-12 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.
    (g)  (Blank). A prosecution for attempt to  commit  first
degree   murder   may  be  commenced  within  7  years  after
commission of the offense.
    (h)  (Blank).
    (i)  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  2  years  after  the
commission of the offense.
    When  the  victim is under 18 years of age at the time of
the offense and the offender is a family member as defined in
Section 12-12, a prosecution  for  criminal  sexual  assault,
aggravated criminal sexual assault, predatory criminal sexual
assault  of  a child, or aggravated criminal sexual abuse may
be commenced within 10 years of the victim attaining the  age
of 18 years.
    When  the  victim is under 18 years of age at the time of
the offense and the  offender  is  not  a  family  member  as
defined  in  Section 12-12, a prosecution for criminal sexual
assault,  aggravated  criminal  sexual   assault,   predatory
criminal  sexual  assault  of a child, or aggravated criminal
sexual abuse may be commenced within 10 years of  the  victim
attaining  the  age  of  18 years, if the victim reported the
offense to law  enforcement  authorities  before  he  or  she
attained the age of 21 years. 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.
(Source: P.A. 91-475, eff. 1-1-00.)

    Section  95.   No  acceleration or delay.  Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for  example,  a
Section  represented  by  multiple versions), the use of that
text does not accelerate or delay the taking  effect  of  (i)
the  changes made by this Act or (ii) provisions derived from
any other Public Act.

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

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