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Public Act 101-0285 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 2012 is amended by changing | ||||
Sections 3-6 and 12-34 as follows:
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(720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
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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:
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(a) A prosecution for theft involving a breach of a | ||||
fiduciary obligation
to the aggrieved person may be commenced | ||||
as follows:
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(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.
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(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.
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(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
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expiration of the period otherwise applicable.
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(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. | ||
(b-6) When the victim is under 18 years of age at the time | ||
of the offense, a prosecution for female genital mutilation may | ||
be commenced at any time. | ||
(c) (Blank).
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(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.
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(e) Except as otherwise provided in subdivision (j), a | ||
prosecution for
any offense involving sexual conduct or sexual
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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.
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(f) A prosecution for any offense set forth in Section 44
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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.
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(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.
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(g) (Blank).
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(h) (Blank).
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(i) Except as otherwise provided in subdivision (j), a | ||
prosecution for
criminal sexual assault, aggravated criminal
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sexual assault, or aggravated criminal sexual abuse may be |
commenced 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.
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Nothing in this subdivision (i) shall be construed to
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shorten a period within which a prosecution must be commenced | ||
under any other
provision of this Section.
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(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 , or female genital mutilation may be | ||
commenced at any time. | ||
(2) When in circumstances other than as described in | ||
paragraph (1) of this subsection (j), when 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.
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(4) Nothing in this subdivision (j) shall be construed to
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shorten a period within which a prosecution must be commenced | ||
under any other
provision of this Section.
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(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).
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(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.)
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(720 ILCS 5/12-34)
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Sec. 12-34. Female genital mutilation.
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(a) Except as otherwise permitted in subsection (b), | ||
whoever knowingly
circumcises, excises, or infibulates, in | ||
whole or in part, the labia majora,
labia minora, or clitoris | ||
of another commits female genital
mutilation. Consent to the | ||
procedure by a minor on whom it is performed or by
the minor's | ||
parent or guardian is not a defense to a violation of this | ||
Section.
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(a-5) A parent, guardian, or other person having physical | ||
custody or control of a child who knowingly facilitates or | ||
permits the circumcision, excision, or infibulation, in whole | ||
or in part, of the labia majora, labia minora, or clitoris of | ||
the child commits female genital mutilation. | ||
(b) A surgical procedure is not a violation of subsection | ||
(a) if the
procedure is performed by a physician licensed to | ||
practice medicine in all its branches and:
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(1) is necessary to the health of the person on whom it | ||
is performed; or
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(2) is performed on a person who is in labor or who has | ||
just given birth
and is performed for medical purposes | ||
connected with that labor or birth.
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(c) Sentence. Female genital mutilation as described in | ||
subsection (a) is a Class X felony. Female genital mutilation | ||
as described in subsection (a-5) is a Class 1 felony.
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(Source: P.A. 96-1551, eff. 7-1-11 .)
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