093_SB1035

 
                                     LRB093 10792 RLC 11217 b

 1        AN ACT in relation to criminal law.

 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 Section 3-6 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
 
                            -2-      LRB093 10792 RLC 11217 b
 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 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,
 
                            -3-      LRB093 10792 RLC 11217 b
 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  subdivisions
 9    subdivision (j) and (k), a prosecution  for  criminal  sexual
10    assault,  aggravated  criminal  sexual assault, or aggravated
11    criminal sexual abuse may be commenced within 10 years of the
12    commission of the offense if the victim reported the  offense
13    to  law  enforcement  authorities  within  2  years after the
14    commission of the 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)  Except  as  otherwise  provided  in subdivision (k),
19    when the victim is under 18 years of age at the time  of  the
20    offense,   a   prosecution   for   criminal  sexual  assault,
21    aggravated criminal sexual assault, predatory criminal sexual
22    assault of a child, or aggravated criminal sexual abuse or  a
23    prosecution for failure of a person who is required to report
24    an  alleged  or suspected commission of any of these offenses
25    under the Abused and Neglected Child  Reporting  Act  may  be
26    commenced  within  10 years after the child victim attains 18
27    years of age.
28        Nothing in this subdivision (j)  shall  be  construed  to
29    shorten a period within which a prosecution must be commenced
30    under any other provision of this Section.
31        (k)  When the victim is under 18 years of age at the time
32    of the commission of the offense and the accused was a member
33    of  the  clergy  as  defined  in  Section 3 of the Abused and
34    Neglected Child Reporting Act,  a  prosecution  for  criminal
 
                            -4-      LRB093 10792 RLC 11217 b
 1    sexual assault, aggravated criminal sexual assault, predatory
 2    criminal  sexual  assault  of a child, or aggravated criminal
 3    sexual abuse may be commenced at any time.
 4    (Source: P.A. 91-475,  eff.  1-1-00;  91-801,  eff.  6-13-00;
 5    92-752, eff. 8-2-02; 92-801, eff. 8-16-02; revised 9-11-02.)

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