Public Act 101-0130
 
HB2135 EnrolledLRB101 04900 SLF 49909 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Criminal Code of 2012 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:  (1) first degree murder, attempt to 
commit first
degree
murder, second degree murder,
involuntary 
manslaughter, reckless homicide, a violation of subparagraph 
(F) of paragraph (1) of subsection (d) of Section 11-501 of the 
Illinois Vehicle  Code for the offense of aggravated driving 
under the influence of alcohol, other drug or drugs, or 
intoxicating compound or compounds, or any combination thereof 
when the violation was a proximate cause of a death, leaving 
the scene of a motor vehicle accident involving death or 
personal injuries under Section 11-401 of the Illinois Vehicle 
Code, failing to give information and render aid under Section 
11-403 of the Illinois Vehicle Code, concealment of homicidal

death, treason, arson, residential arson, aggravated arson, 
forgery, child pornography under paragraph (1) of subsection 
(a) of Section 11-20.1, or aggravated child pornography under  
paragraph (1) of subsection (a) of Section 11-20.1B, or (2) any 
offense
involving sexual conduct or sexual penetration, as 
defined by
Section 11-0.1 of this Code in which the DNA profile 
of the offender is
obtained and entered into a DNA database 
within 10 years after the commission
of the offense, may be 
commenced at any
time.
Clause (2) of this subsection (a) 
applies if either: (i) the victim reported the
offense to law 
enforcement authorities within 3 years after the commission
of 
the offense unless a longer period for reporting the offense to 
law
enforcement authorities
is provided in Section 3-6 or (ii) 
the victim is murdered during the course of the offense or 
within 2 years after the commission of the offense.

    (a-5) A prosecution for theft of property exceeding 
$100,000 in value under  Section 16-1, identity theft under 
subsection (a) of Section 16-30, aggravated identity theft 
under subsection (b) of Section 16-30, financial exploitation 
of an elderly person or a person with a disability under  
Section 17-56; or any offense set forth in Article 16H or 
Section 17-10.6 may be commenced within 7 years of the last act 
committed in furtherance of the crime. 
    (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) or (a-5) 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. 99-820, eff. 8-15-16; 100-149, eff. 1-1-18; 
100-863, eff. 8-14-18.)

 



    (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.

    (b-5) When the victim is under 18 years of age at the time 
of the offense, a prosecution for involuntary servitude, 
involuntary sexual servitude of a minor, or trafficking in 
persons and related offenses under Section 10-9 of this Code 
may be commenced within 25 years of the victim attaining the 
age of 18 years.
    (c) (Blank).

    (d) A prosecution for child pornography, aggravated child 
pornography, indecent
solicitation of a
child, soliciting for a 
juvenile prostitute, juvenile pimping,
exploitation of a 
child, or promoting juvenile prostitution except for keeping a 
place of juvenile prostitution 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) Except as otherwise provided in subdivision (j), a 
prosecution for
any offense involving sexual conduct or sexual

penetration, as defined in Section 11-0.1 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
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.

    (f-5) A prosecution for any offense set forth in Section 
16-30 of this Code may be commenced within 5 years after the 
discovery of the offense by the victim of that offense.

    (g) (Blank).

    (h) (Blank).

    (i) Except as otherwise provided in subdivision (j), a 
prosecution for
criminal sexual assault, aggravated criminal

sexual assault, or aggravated criminal sexual abuse may be 
commenced at any time within 10
years of the commission of the 
offense if the victim reported the offense to
law enforcement 
authorities within 3 years after the commission of the offense. 
If the victim consented to the collection of evidence using an 
Illinois State Police Sexual Assault Evidence Collection Kit 
under the Sexual Assault Survivors Emergency Treatment Act, it 
shall constitute reporting for purposes of this Section.

    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.

    (i-5) A prosecution for armed robbery, home invasion, 
kidnapping, or aggravated kidnaping may be commenced within 10 
years of the commission of the offense if it arises out of the 
same course of conduct and meets the criteria under one of the 
offenses in subsection (i) of this Section. 
    (j) (1) When the victim is under 18 years of age at the 
time of the offense, a
prosecution
for criminal sexual assault, 
aggravated criminal sexual assault, predatory
criminal sexual 
assault of a child, aggravated criminal sexual abuse, or felony 
criminal sexual abuse may be commenced at any time.
    (2) When the victim is under 18 years of age at the time of 
the offense, a prosecution for failure of a person who is 
required to report an alleged
or suspected commission of 
criminal sexual assault, aggravated criminal sexual assault, 
predatory criminal sexual assault of a child, aggravated 
criminal sexual abuse, or felony criminal sexual abuse under 
the Abused and Neglected
Child Reporting Act may be
commenced 
within 20 years after the child victim attains 18
years of age.
    (3) When the victim is under 18 years of age at the time of 
the offense, a
prosecution
for misdemeanor criminal sexual 
abuse may be
commenced within 10 years after the child victim 
attains 18
years of age.

    (4) Nothing in this subdivision (j) shall be construed to

shorten a period within which a prosecution must be commenced 
under any other
provision of this Section.

    (j-5) A prosecution for armed robbery, home invasion, 
kidnapping, or aggravated kidnaping may be commenced at any 
time if it arises out of the same course of conduct and meets 
the criteria under one of the offenses in subsection (j) of 
this Section.
    (k) (Blank).

    (l)  A prosecution for any offense set forth in Section 26-4 
of this Code may be commenced within one year after the 
discovery of the offense by the victim of that offense. 
    (l-5)  A prosecution for any offense involving sexual 
conduct or sexual penetration, as defined in Section 11-0.1 of 
this Code, in which the victim was 18 years of age or older at 
the time of the offense, may be commenced within one year after 
the discovery of the offense by the victim when corroborating 
physical evidence is available. The charging document shall 
state that the statute of limitations is extended under this 
subsection (l-5) and shall state the circumstances justifying 
the extension.
Nothing in this subsection (l-5) shall be 
construed to shorten a period within which a prosecution must 
be commenced under any other provision of this Section or 
Section 3-5 of this Code. 
    (m)  The prosecution shall not be required to prove at trial 
facts which extend the general limitations in Section 3-5 of 
this Code when the facts supporting extension of the period of 
general limitations are properly pled in the charging document. 
Any challenge relating to the extension of the general 
limitations period as defined in this Section shall be 
exclusively conducted under Section 114-1 of the Code of 
Criminal Procedure of 1963.
    (n) A prosecution for any offense set forth in subsection 
(a), (b), or (c) of Section 8A-3 or Section 8A-13 of the 
Illinois Public Aid Code, in which the total amount of money 
involved is $5,000 or more, including the monetary value of 
food stamps and the value of commodities under Section 16-1 of 
this Code may be commenced within 5 years of the last act 
committed in furtherance of the offense.
(Source: P.A. 99-234, eff. 8-3-15; 99-820, eff. 8-15-16; 
100-80, eff. 8-11-17; 100-318, eff. 8-24-17; 100-434, eff. 
1-1-18; 100-863, eff. 8-14-18; 100-998, eff. 1-1-19; 100-1010, 
eff. 1-1-19; 100-1087, eff. 1-1-19; revised 10-9-18.)