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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 2012 is amended by changing | ||||||
5 | Sections 3-5 and 3-6 as follows:
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6 | (720 ILCS 5/3-5) (from Ch. 38, par. 3-5)
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7 | Sec. 3-5. General Limitations. | ||||||
8 | (a) A prosecution may be commenced at any
time for: | ||||||
9 | (1) first degree murder, attempt to commit first
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10 | degree
murder, second degree murder,
involuntary | ||||||
11 | manslaughter, reckless homicide, leaving the scene of a | ||||||
12 | motor vehicle accident involving death or personal | ||||||
13 | injuries under Section 11-401 of the Illinois Vehicle Code, | ||||||
14 | failing to give information and render aid under Section | ||||||
15 | 11-403 of the Illinois Vehicle Code, concealment of | ||||||
16 | homicidal
death, treason, arson, residential arson, | ||||||
17 | aggravated arson, forgery, child pornography under | ||||||
18 | paragraph (1) of subsection (a) of Section 11-20.1, | ||||||
19 | aggravated child pornography under paragraph (1) of | ||||||
20 | subsection (a) of Section 11-20.1B ; , or | ||||||
21 | (1.5) any of the following offenses under this Code, | ||||||
22 | when the victim is under 18 years of age at the time of the | ||||||
23 | offense: |
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1 | (i) criminal sexual assault
under Section 11-1.20; | ||||||
2 | (ii) aggravated criminal sexual assault under | ||||||
3 | Section 11-1.30; | ||||||
4 | (iii)
predatory criminal sexual assault of a child | ||||||
5 | under Section 11-1.40; | ||||||
6 | (iv)
criminal sexual abuse under subsection (a) of | ||||||
7 | Section 11-1.50; or | ||||||
8 | (v)
aggravated criminal sexual abuse
under Section | ||||||
9 | 11-1.60; or | ||||||
10 | (2) any offense
involving sexual conduct or sexual | ||||||
11 | penetration, as defined by
Section 11-0.1 of this Code in | ||||||
12 | which the DNA profile of the offender is
obtained and | ||||||
13 | entered into a DNA database within 10 years after the | ||||||
14 | commission
of the offense , and , may be commenced at any
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15 | time. Clause (2) of this subsection (a) applies if either: | ||||||
16 | (i) the victim reported the
offense to law enforcement | ||||||
17 | authorities within 3 years after the commission
of the | ||||||
18 | offense unless a longer period for reporting the offense to | ||||||
19 | law
enforcement authorities
is provided in Section 3-6 or | ||||||
20 | (ii) the victim is murdered during the course of the | ||||||
21 | offense or within 2 years after the commission of the | ||||||
22 | offense.
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23 | (b) Unless the statute describing the offense provides | ||||||
24 | otherwise, or the
period of limitation is extended by Section | ||||||
25 | 3-6, a prosecution for any
offense not designated in Subsection | ||||||
26 | (a) must be commenced within 3 years
after the commission of |
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1 | the offense if it is a felony, or within one year
and 6 months | ||||||
2 | after its commission if it is a misdemeanor.
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3 | (Source: P.A. 98-265, eff. 1-1-14.)
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4 | (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
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5 | Sec. 3-6. Extended limitations. The period within which a | ||||||
6 | prosecution
must be commenced under the provisions of Section | ||||||
7 | 3-5 or other applicable
statute is extended under the following | ||||||
8 | conditions:
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9 | (a) A prosecution for theft involving a breach of a | ||||||
10 | fiduciary obligation
to the aggrieved person may be commenced | ||||||
11 | as follows:
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12 | (1) If the aggrieved person is a minor or a person | ||||||
13 | under legal disability,
then during the minority or legal | ||||||
14 | disability or within one year after the
termination | ||||||
15 | thereof.
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16 | (2) In any other instance, within one year after the | ||||||
17 | discovery of the
offense by an aggrieved person, or by a | ||||||
18 | person who has legal capacity to
represent an aggrieved | ||||||
19 | person or has a legal duty to report the offense,
and is | ||||||
20 | not himself or herself a party to the offense; or in the | ||||||
21 | absence of such
discovery, within one year after the proper | ||||||
22 | prosecuting officer becomes
aware of the offense. However, | ||||||
23 | in no such case is the period of limitation
so extended | ||||||
24 | more than 3 years beyond the expiration of the period | ||||||
25 | otherwise
applicable.
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1 | (b) A prosecution for any offense based upon misconduct in | ||||||
2 | office by a
public officer or employee may be commenced within | ||||||
3 | one year after discovery
of the offense by a person having a | ||||||
4 | legal duty to report such offense, or
in the absence of such | ||||||
5 | discovery, within one year after the proper
prosecuting officer | ||||||
6 | becomes aware of the offense. However, in no such case
is the | ||||||
7 | period of limitation so extended more than 3 years beyond the
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8 | expiration of the period otherwise applicable.
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9 | (b-5) When the victim is under 18 years of age at the time | ||||||
10 | of the offense, a prosecution for involuntary servitude, | ||||||
11 | involuntary sexual servitude of a minor, or trafficking in | ||||||
12 | persons and related offenses under Section 10-9 of this Code | ||||||
13 | may be commenced within one year of the victim attaining the | ||||||
14 | age of 18 years. However, in no such case shall the time period | ||||||
15 | for prosecution expire sooner than 3 years after the commission | ||||||
16 | of the offense. | ||||||
17 | (c) (Blank).
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18 | (d) A prosecution for child pornography, aggravated child | ||||||
19 | pornography, indecent
solicitation of a
child, soliciting for a | ||||||
20 | juvenile prostitute, juvenile pimping,
exploitation of a | ||||||
21 | child, or promoting juvenile prostitution except for keeping a | ||||||
22 | place of juvenile prostitution may be commenced within one year | ||||||
23 | of the victim
attaining the age of 18 years. However, in no | ||||||
24 | such case shall the time
period for prosecution expire sooner | ||||||
25 | than 3 years after the commission of
the offense. When the | ||||||
26 | victim is under 18 years of age, a prosecution for
criminal
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1 | sexual abuse may be commenced within
one year of the victim | ||||||
2 | attaining the age of 18 years. However, in no such
case shall | ||||||
3 | the time period for prosecution expire sooner than 3 years | ||||||
4 | after
the commission of the offense.
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5 | (e) Except as otherwise provided in subdivision (j), a | ||||||
6 | prosecution for
any offense involving sexual conduct or sexual
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7 | penetration, as defined in Section 11-0.1 of this Code, where | ||||||
8 | the defendant
was within a professional or fiduciary | ||||||
9 | relationship or a purported
professional or fiduciary | ||||||
10 | relationship with the victim at the
time of the commission of | ||||||
11 | the offense may be commenced within one year
after the | ||||||
12 | discovery of the offense by the victim.
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13 | (f) A prosecution for any offense set forth in Section 44
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14 | of the "Environmental Protection Act", approved June 29, 1970, | ||||||
15 | as amended,
may be commenced within 5 years after the discovery | ||||||
16 | of such
an offense by a person or agency having the legal duty | ||||||
17 | to report the
offense or in the absence of such discovery, | ||||||
18 | within 5 years
after the proper prosecuting officer becomes | ||||||
19 | aware of the offense.
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20 | (f-5) A prosecution for any offense set forth in Section | ||||||
21 | 16-30 of this Code may be commenced within 5 years after the | ||||||
22 | discovery of the offense by the victim of that offense.
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23 | (g) (Blank).
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24 | (h) (Blank).
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25 | (i) Except as otherwise provided in subdivision (j), a | ||||||
26 | prosecution for
criminal sexual assault, aggravated criminal
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1 | sexual assault, or aggravated criminal sexual abuse may be | ||||||
2 | commenced within 10
years of the commission of the offense if | ||||||
3 | the victim reported the offense to
law enforcement authorities | ||||||
4 | within 3 years after the commission of the offense.
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5 | Nothing in this subdivision (i) shall be construed to
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6 | shorten a period within which a prosecution must be commenced | ||||||
7 | under any other
provision of this Section.
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8 | (i-5) A prosecution for armed robbery, home invasion, | ||||||
9 | kidnapping, or aggravated kidnaping may be commenced within 10 | ||||||
10 | years of the commission of the offense if it arises out of the | ||||||
11 | same course of conduct and meets the criteria under one of the | ||||||
12 | offenses in subsection (i) of this Section. | ||||||
13 | (j) (1) (Blank). When the victim is under 18 years of age | ||||||
14 | at the time of the offense, a
prosecution
for criminal sexual | ||||||
15 | assault, aggravated criminal sexual assault, predatory
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16 | criminal sexual assault of a child, aggravated criminal sexual | ||||||
17 | abuse, or felony criminal sexual abuse may be commenced at any | ||||||
18 | time when corroborating physical evidence is available or an | ||||||
19 | individual who is required to report an alleged or suspected | ||||||
20 | commission of any of these offenses under the Abused and | ||||||
21 | Neglected Child Reporting Act fails to do so. | ||||||
22 | (2) In circumstances other than as described in paragraph | ||||||
23 | (1) of this subsection (j), when the victim is under 18 years | ||||||
24 | of age at the time of the offense, a prosecution for criminal | ||||||
25 | sexual assault, aggravated criminal sexual assault, predatory | ||||||
26 | criminal sexual assault of a child, aggravated criminal sexual |
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1 | abuse, or felony criminal sexual abuse, or a
prosecution for | ||||||
2 | failure of a person who is required to report an alleged
or | ||||||
3 | suspected commission of any of the these offenses described in | ||||||
4 | clause (1.5) of subsection (a) of Section 3-5 of this Code | ||||||
5 | under the Abused and Neglected
Child Reporting Act may be
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6 | commenced within 20 years after the child victim attains 18
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7 | years of age. | ||||||
8 | (3) When the victim is under 18 years of age at the time of | ||||||
9 | the offense, a
prosecution
for misdemeanor criminal sexual | ||||||
10 | abuse may be
commenced within 10 years after the child victim | ||||||
11 | attains 18
years of age.
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12 | (4) Nothing in this subdivision (j) shall be construed to
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13 | shorten a period within which a prosecution must be commenced | ||||||
14 | under any other
provision of this Section.
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15 | (j-5) A prosecution for armed robbery, home invasion, | ||||||
16 | kidnapping, or aggravated kidnaping may be commenced at any | ||||||
17 | time if it arises out of the same course of conduct and meets | ||||||
18 | the criteria under one of the offenses in subsection (j) of | ||||||
19 | this Section. | ||||||
20 | (k) A prosecution for theft involving real property | ||||||
21 | exceeding $100,000 in value under Section 16-1, identity theft | ||||||
22 | under subsection (a) of Section 16-30, aggravated identity | ||||||
23 | theft under subsection (b) of Section 16-30, or any offense set | ||||||
24 | forth in Article 16H or Section 17-10.6 may be commenced within | ||||||
25 | 7 years of the last act committed in furtherance of the crime.
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26 | (l) A prosecution for any offense set forth in Section 26-4 |
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1 | of this Code may be commenced within one year after the | ||||||
2 | discovery of the offense by the victim of that offense. | ||||||
3 | (Source: P.A. 98-293, eff. 1-1-14; 98-379, eff. 1-1-14; 98-756, | ||||||
4 | eff. 7-16-14; 99-234, eff. 8-3-15.)
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