093_HB3328

 
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 1        AN ACT concerning public employees.

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

 4        Section 5.  The Criminal  Code  of  1961  is  amended  by
 5    changing Sections 3-6 and 3-7 as follows:

 6        (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
 7        Sec.  3-6.  Extended limitations. The period within which
 8    a prosecution must  be  commenced  under  the  provisions  of
 9    Section 3-5 or other applicable statute is extended under the
10    following conditions:
11        (a)  A  prosecution  for  theft  involving  a breach of a
12    fiduciary obligation to the aggrieved person may be commenced
13    as follows:
14             (1)  If the aggrieved person is a minor or a  person
15        under legal disability, then during the minority or legal
16        disability  or  within  one  year  after  the termination
17        thereof.
18             (2)  In any other instance, within  one  year  after
19        the  discovery  of the offense by an aggrieved person, or
20        by a person  who  has  legal  capacity  to  represent  an
21        aggrieved  person  or  has  a  legal  duty  to report the
22        offense, and is not himself or herself  a  party  to  the
23        offense;  or in the absence of such discovery, within one
24        year after the proper prosecuting officer  becomes  aware
25        of the offense. However, in no such case is the period of
26        limitation  so  extended  more  than  3  years beyond the
27        expiration of the period otherwise applicable.
28        (b)  A prosecution for any offense based upon  misconduct
29    in  office  by  a public officer or employee may be commenced
30    within one year after discovery of the offense  by  a  person
31    having a legal duty to report such offense, or in the absence
 
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 1    of   such   discovery,  within  one  year  after  the  proper
 2    prosecuting officer becomes aware of the offense. However, in
 3    no such case is the period of  limitation  so  extended  more
 4    than  6 3 years beyond the expiration of the period otherwise
 5    applicable.
 6        (c)  Except as otherwise provided in  subsection  (a)  of
 7    Section  3-5  of this Code and subdivision (i) or (j) of this
 8    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  for  criminal  sexual  abuse  may  be
21    commenced  within one year of the victim attaining the age of
22    18 years.  However, in no such case shall the time period for
23    prosecution expire sooner than 3 years after  the  commission
24    of the offense.
25        (e)  Except  as  otherwise provided in subdivision (j), a
26    prosecution for  any  offense  involving  sexual  conduct  or
27    sexual penetration, as defined in Section 12-12 of this Code,
28    where  the  defendant  was within a professional or fiduciary
29    relationship  or  a  purported  professional   or   fiduciary
30    relationship with the victim at the time of the commission of
31    the  offense  may  be  commenced  within  one  year after the
32    discovery of the offense by the victim.
33        (f)  A prosecution for any offense set forth  in  Section
34    44  of  the "Environmental Protection Act", approved June 29,
 
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 1    1970, as amended, may be commenced within 5 years  after  the
 2    discovery of such an offense by a person or agency having the
 3    legal  duty  to  report the offense or in the absence of such
 4    discovery,  within  5  years  after  the  proper  prosecuting
 5    officer becomes aware of the offense.
 6        (g)  (Blank).
 7        (h)  (Blank).
 8        (i)  Except as otherwise provided in subdivision  (j),  a
 9    prosecution  for criminal sexual assault, aggravated criminal
10    sexual assault, or aggravated criminal sexual  abuse  may  be
11    commenced within 10 years of the commission of the offense if
12    the   victim   reported   the   offense  to  law  enforcement
13    authorities within  2  years  after  the  commission  of  the
14    offense.
15        Nothing  in  this  subdivision  (i) shall be construed to
16    shorten a period within which a prosecution must be commenced
17    under any other provision of this Section.
18        (j)  When the victim is under 18 years of age at the time
19    of the offense, a prosecution for  criminal  sexual  assault,
20    aggravated criminal sexual assault, predatory criminal sexual
21    assault  of a child, or aggravated criminal sexual abuse or a
22    prosecution for failure of a person who is required to report
23    an alleged or suspected commission of any of  these  offenses
24    under  the  Abused  and  Neglected Child Reporting Act may be
25    commenced within 10 years after the child victim  attains  18
26    years of age.
27        Nothing  in  this  subdivision  (j) shall be construed to
28    shorten a period within which a prosecution must be commenced
29    under any other provision of this Section.
30    (Source: P.A. 91-475,  eff.  1-1-00;  91-801,  eff.  6-13-00;
31    92-752, eff. 8-2-02; 92-801, eff. 8-16-02; revised 9-11-02.)

32        (720 ILCS 5/3-7) (from Ch. 38, par. 3-7)
33        Sec. 3-7. Periods excluded from limitation.
 
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 1        The  period  within which a prosecution must be commenced
 2    does not include any period in which:
 3        (a)  The defendant is not usually and  publicly  resident
 4    within this State; or
 5        (b)  The  defendant  is  a public officer or employee and
 6    the offense charged is theft of public funds while in  public
 7    office; or
 8        (c)  A  prosecution  is pending against the defendant for
 9    the same conduct, even if the indictment or information which
10    commences the  prosecution  is  quashed  or  the  proceedings
11    thereon are set aside, or are reversed on appeal; or
12        (d)  A proceeding or an appeal from a proceeding relating
13    to  the  quashing  or  enforcement  of  a Grand Jury subpoena
14    issued in connection with an investigation of a violation  of
15    a  criminal law of this State is pending. However, the period
16    within which a prosecution must  be  commenced  includes  any
17    period  in  which  the State brings a proceeding or an appeal
18    from a proceeding specified in this subsection (d).
19    (Source: P.A. 91-231, eff. 1-1-00.)