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Public Act 096-0233
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| HB0224 Enrolled |
LRB096 04539 RLC 14594 b |
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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 1961 is amended by changing |
Sections 3-6, 11-11, and 12-12 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 |
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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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(c) (Blank). Except as otherwise provided in subsection (a) |
of Section 3-5 of this
Code and subdivision (i) or (j) of this
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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.
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(d) A prosecution for child pornography, indecent
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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
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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.
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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 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.
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(f) A prosecution for any offense set forth in Section 44
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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.
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(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.
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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 |
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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.
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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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(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 |
felony 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. When the victim |
is under 18 years of age at the time of the offense, a
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prosecution
for misdemeanor criminal sexual abuse may be
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commenced within 10 years after the child victim attains 18
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years of age.
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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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(k) A prosecution for theft involving real property |
exceeding $100,000 in value under Section 16-1, identity theft |
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under Section 16G-15, aggravated identity theft under Section |
16G-20, or any offense set forth in Article 16H may be |
commenced within 7 years of the last act committed in |
furtherance of the crime.
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(Source: P.A. 94-253, eff. 1-1-06; 94-990, eff. 1-1-07; 95-548, |
eff. 8-30-07.)
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(720 ILCS 5/11-11) (from Ch. 38, par. 11-11)
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Sec. 11-11. Sexual Relations Within Families. |
(a) A
person commits sexual relations within families if he |
or she:
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(1) Commits an act of sexual penetration as defined in |
Section 12-12
of this Code; and
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(2) The person knows that he or she is related to the |
other person as follows:
(i) Brother or sister, either of |
the whole blood or the half blood;
or (ii) Father or |
mother, when the child, regardless of
legitimacy and |
regardless of whether the child was of the
whole blood or |
half-blood or was adopted, was
18 years of age or over when |
the act was committed; or (iii) Stepfather
or stepmother, |
when the stepchild was 18 years of age or over when the act
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was committed; or (iv) Aunt or uncle, when the niece or |
nephew was 18 years of age or over when the act
was |
committed; or (v) Great-aunt or great-uncle, when the |
grand-niece or grand-nephew was 18 years of age or over |
when the act
was committed; or (vi) Grandparent or |
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step-grandparent, when the grandchild or step-grandchild |
was 18 years of age or over when the act was committed.
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(b) Sentence. Sexual relations within families
is a Class 3 |
felony.
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(Source: P.A. 84-1280.)
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(720 ILCS 5/12-12) (from Ch. 38, par. 12-12)
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Sec. 12-12. Definitions. For the purposes of Sections 12-13 |
through
12-18 of this Code, the terms used in these Sections |
shall have the following
meanings ascribed to them:
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(a) "Accused" means a person accused of an offense |
prohibited by Sections
12-13, 12-14, 12-15 or 12-16 of this |
Code or a person for whose conduct
the accused is legally |
responsible under Article 5 of this Code.
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(b) "Bodily harm" means physical harm, and includes, but is |
not limited
to, sexually transmitted disease, pregnancy and |
impotence.
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(c) "Family member" means a parent, grandparent, or
child, |
aunt, uncle, great-aunt, or great-uncle, whether by whole |
blood, half-blood or adoption, and
includes a |
step-grandparent, step-parent, or step-child.
"Family member" |
also means, where the victim is a child under 18 years of
age, |
an accused who has
resided in the household with such child |
continuously for at least 6 months one year.
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(d) "Force or threat of force" means the use of force
or |
violence, or the threat of force or violence, including but
not |
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limited to the following situations:
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(1) when the accused threatens to use force or violence |
on the
victim or on any other person, and the victim under |
the circumstances
reasonably believed that the accused had |
the ability to execute that threat; or
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(2) when the accused has overcome the victim by use of |
superior strength
or size, physical restraint or physical |
confinement.
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(e) "Sexual conduct" means any intentional or knowing |
touching or fondling
by the victim or the accused, either |
directly or through clothing, of the
sex organs, anus or breast |
of the victim or the accused, or any part of
the body of a child |
under 13 years of age, or any transfer or transmission of
semen |
by the accused upon any part of the clothed or unclothed body |
of the
victim, for the purpose of sexual
gratification or |
arousal of the victim or the accused.
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(f) "Sexual penetration" means any contact, however |
slight, between the
sex organ or anus of one person by an |
object, the sex organ,
mouth or anus of another person,
or any |
intrusion, however slight, of any part of the body of one |
person or
of any animal or object into the sex organ or anus of |
another person,
including but not limited to cunnilingus, |
fellatio or anal penetration.
Evidence of emission of semen is |
not required to prove sexual penetration.
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(g) "Victim" means a person alleging to have been subjected |
to an offense
prohibited by Sections 12-13, 12-14, 12-15 or |