|
|
Public Act 094-0990
|
| HB4606 Enrolled |
LRB094 16586 RLC 51847 b |
|
|
AN ACT concerning criminal law.
|
Be it enacted by the People of the State of Illinois,
|
represented in the General Assembly:
|
Section 5. The Criminal Code of 1961 is amended by changing |
Section 3-6 as follows:
|
(720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
|
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:
|
(a) A prosecution for theft involving a breach of a |
fiduciary obligation
to the aggrieved person may be commenced |
as follows:
|
(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.
|
(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.
|
(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
|
expiration of the period otherwise applicable.
|
(c) Except as otherwise provided in subsection (a) of |
Section 3-5 of this
Code and subdivision (i) or (j) of this
|
Section, a
prosecution for any offense involving sexual conduct |
or sexual
penetration, as defined in Section 12-12 of this |
Code, where the victim and
defendant are family members, as |
defined in Section 12-12 of this Code, may
be commenced within |
one year of the victim attaining the age of 18 years.
|
(d) A prosecution for child pornography, indecent
|
solicitation of a
child, soliciting for a juvenile prostitute, |
juvenile pimping or
exploitation of a child 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. |
When the victim is under 18 years of age, a prosecution for
|
criminal
sexual abuse 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.
|
(e) Except as otherwise provided in subdivision (j), a |
prosecution for
any offense involving sexual conduct or sexual
|
penetration, as defined in Section 12-12 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.
|
(f) A prosecution for any offense set forth in Section 44
|
of the "Environmental Protection Act", approved June 29, 1970, |
as amended,
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.
|
|
(f-5) A prosecution for any offense set forth in Section |
16G-15 or 16G-20 of this Code may be commenced within 5 years |
after the discovery of the offense by the victim of that |
offense.
|
(g) (Blank).
|
(h) (Blank).
|
(i) Except as otherwise provided in subdivision (j), a |
prosecution for
criminal sexual assault, aggravated criminal
|
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
2 years after the commission of the offense.
|
Nothing in this subdivision (i) shall be construed to
|
shorten a period within which a prosecution must be commenced |
under any other
provision of this Section.
|
(j) 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, or aggravated criminal sexual abuse or a
|
prosecution for failure of a person who is required to report |
an alleged
or suspected commission of any of these offenses |
under the Abused and Neglected
Child Reporting Act may be
|
commenced within 20 years after the child victim attains 18
|
years of age.
|
Nothing in this subdivision (j) shall be construed to
|
shorten a period within which a prosecution must be commenced |
under any other
provision of this Section.
|
(Source: P.A. 93-356, eff. 7-24-03; 94-253, eff. 1-1-06.)
|