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| [ Senate Amendment 001 ] |
92_HB5578enr HB5578 Enrolled LRB9212480RCpk 1 AN ACT in relation to criminal offenses. 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 3-5 and 3-6 as follows: 6 (720 ILCS 5/3-5) (from Ch. 38, par. 3-5) 7 Sec. 3-5. General Limitations. 8 (a) A prosecution for: (1) first degree murder, attempt 9 to commit first degree murder, second degree murder, 10 involuntary manslaughter, reckless homicide, concealment of 11 homicidal death, treason, arson, aggravated arson,or12 forgery, or (2) any offense involving sexual conduct or 13 sexual penetration as defined by Section 12-12 of this Code 14 in which the DNA profile of the offender is obtained and 15 entered into a DNA database within 10 years after the 16 commission of the offense and the identity of the offender is 17 unknown after a diligent investigation by law enforcement 18 authorities, may be commenced at any time. Clause (2) of this 19 subsection (a) applies only if the victim reported the 20 offense to law enforcement authorities within 2 years after 21 the commission of the offense unless a longer period for 22 reporting the offense to law enforcement authorities is 23 provided in Section 3-6. 24 (b) Unless the statute describing the offense provides 25 otherwise, or the period of limitation is extended by Section 26 3-6, a prosecution for any offense not designated in 27 Subsection (a) must be commenced within 3 years after the 28 commission of the offense if it is a felony, or within one 29 year and 6 months after its commission if it is a 30 misdemeanor. 31 (Source: P.A. 91-801, eff. 6-13-00.) HB5578 Enrolled -2- LRB9212480RCpk 1 (720 ILCS 5/3-6) (from Ch. 38, par. 3-6) 2 Sec. 3-6. Extended limitations. The period within which 3 a prosecution must be commenced under the provisions of 4 Section 3-5 or other applicable statute is extended under the 5 following conditions: 6 (a) A prosecution for theft involving a breach of a 7 fiduciary obligation to the aggrieved person may be commenced 8 as follows: 9 (1) If the aggrieved person is a minor or a person 10 under legal disability, then during the minority or legal 11 disability or within one year after the termination 12 thereof. 13 (2) In any other instance, within one year after 14 the discovery of the offense by an aggrieved person, or 15 by a person who has legal capacity to represent an 16 aggrieved person or has a legal duty to report the 17 offense, and is not himself or herself a party to the 18 offense; or in the absence of such discovery, within one 19 year after the proper prosecuting officer becomes aware 20 of the offense. However, in no such case is the period of 21 limitation so extended more than 3 years beyond the 22 expiration of the period otherwise applicable. 23 (b) A prosecution for any offense based upon misconduct 24 in office by a public officer or employee may be commenced 25 within one year after discovery of the offense by a person 26 having a legal duty to report such offense, or in the absence 27 of such discovery, within one year after the proper 28 prosecuting officer becomes aware of the offense. However, in 29 no such case is the period of limitation so extended more 30 than 3 years beyond the expiration of the period otherwise 31 applicable. 32 (c) Except as otherwise provided in subsection (a) of 33 Section 3-5 of this Code and subdivision (i) of this Section, 34 a prosecution for any offense involving sexual conduct or HB5578 Enrolled -3- LRB9212480RCpk 1 sexual penetration, as defined in Section 12-12 of this Code, 2 where the victim and defendant are family members, as defined 3 in Section 12-12 of this Code, may be commenced within one 4 year of the victim attaining the age of 18 years. 5 (d) A prosecution for child pornography, indecent 6 solicitation of a child, soliciting for a juvenile 7 prostitute, juvenile pimping or exploitation of a child may 8 be commenced within one year of the victim attaining the age 9 of 18 years. However, in no such case shall the time period 10 for prosecution expire sooner than 3 years after the 11 commission of the offense. When the victim is under 18 years 12 of age, a prosecution for criminal sexual abuse may be 13 commenced within one year of the victim attaining the age of 14 18 years. However, in no such case shall the time period for 15 prosecution expire sooner than 3 years after the commission 16 of the offense. 17 (e) A prosecution for any offense involving sexual 18 conduct or sexual penetration, as defined in Section 12-12 of 19 this Code, where the defendant was within a professional or 20 fiduciary relationship or a purported professional or 21 fiduciary relationship with the victim at the time of the 22 commission of the offense may be commenced within one year 23 after the discovery of the offense by the victim. 24 (f) A prosecution for any offense set forth in Section 25 44 of the "Environmental Protection Act", approved June 29, 26 1970, as amended, may be commenced within 5 years after the 27 discovery of such an offense by a person or agency having the 28 legal duty to report the offense or in the absence of such 29 discovery, within 5 years after the proper prosecuting 30 officer becomes aware of the offense. 31 (g) (Blank). 32 (h) (Blank). 33 (i) A prosecution for criminal sexual assault, 34 aggravated criminal sexual assault, or aggravated criminal HB5578 Enrolled -4- LRB9212480RCpk 1 sexual abuse may be commenced within 10 years of the 2 commission of the offense if the victim reported the offense 3 to law enforcement authorities within 2 years after the 4 commission of the offense. 5 When the victim is under 18 years of age at the time of 6 the offense and the offender is a family member as defined in 7 Section 12-12, a prosecution for criminal sexual assault, 8 aggravated criminal sexual assault, predatory criminal sexual 9 assault of a child, or aggravated criminal sexual abuse may 10 be commenced within 10 years of the victim attaining the age 11 of 18 years. 12 When the victim is under 18 years of age at the time of 13 the offense and the offender is not a family member as 14 defined in Section 12-12, a prosecution for criminal sexual 15 assault, aggravated criminal sexual assault, predatory 16 criminal sexual assault of a child, or aggravated criminal 17 sexual abuse may be commenced within 10 years of the victim 18 attaining the age of 18 years, if the victim reported the 19 offense to law enforcement authorities before he or she 20 attained the age of 21 years. Nothing in this subdivision (i) 21 shall be construed to shorten a period within which a 22 prosecution must be commenced under any other provision of 23 this Section. 24 (Source: P.A. 91-475, eff. 1-1-00; 91-801, eff. 6-13-00.) 25 Section 99. Effective date. This Act takes effect upon 26 becoming law.