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| Public Act 099-0820 | ||||
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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 3-5 and 3-6 as follows:
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(720 ILCS 5/3-5) (from Ch. 38, par. 3-5)
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Sec. 3-5. General Limitations. | ||||
(a) A prosecution for: (1) first degree murder, attempt to | ||||
commit first
degree
murder, second degree murder,
involuntary | ||||
manslaughter, reckless homicide, leaving the scene of a motor | ||||
vehicle accident involving death or personal injuries under | ||||
Section 11-401 of the Illinois Vehicle Code, failing to give | ||||
information and render aid under Section 11-403 of the Illinois | ||||
Vehicle Code, concealment of homicidal
death, treason, arson, | ||||
residential arson, aggravated arson, forgery, child | ||||
pornography under paragraph (1) of subsection (a) of Section | ||||
11-20.1, aggravated child pornography under paragraph (1) of | ||||
subsection (a) of Section 11-20.1B, or (2) any offense
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involving sexual conduct or sexual penetration, as defined by
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Section 11-0.1 of this Code in which the DNA profile of the | ||||
offender is
obtained and entered into a DNA database within 10 | ||||
years after the commission
of the offense, may be commenced at | ||||
any
time.
Clause (2) of this subsection (a) applies if either: | ||||
(i) the victim reported the
offense to law enforcement | ||
authorities within 3 years after the commission
of the offense | ||
unless a longer period for reporting the offense to law
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enforcement authorities
is provided in Section 3-6 or (ii) the | ||
victim is murdered during the course of the offense or within 2 | ||
years after the commission of the offense.
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(a-5) A prosecution for theft of property exceeding | ||
$100,000 in value under Section 16-1, identity theft under | ||
subsection (a) of Section 16-30, aggravated identity theft | ||
under subsection (b) of Section 16-30, financial exploitation | ||
of an elderly person or a person with a disability under | ||
Section 17-56; or any offense set forth in Article 16H or | ||
Section 17-10.6 may be commenced within 7 years of the last act | ||
committed in furtherance of the crime. | ||
(b) Unless the statute describing the offense provides | ||
otherwise, or the
period of limitation is extended by Section | ||
3-6, a prosecution for any
offense not designated in subsection | ||
Subsection (a) or (a-5) must be commenced within 3 years
after | ||
the commission of the offense if it is a felony, or within one | ||
year
and 6 months after its commission if it is a misdemeanor.
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(Source: P.A. 98-265, eff. 1-1-14.)
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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 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. | ||
(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. When the | ||
victim is under 18 years of age, a prosecution for
criminal
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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 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", 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 | ||
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.
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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 may be commenced at any time when | ||
corroborating physical evidence is available or an individual | ||
who is required to report an alleged or suspected commission of | ||
any of these offenses under the Abused and Neglected Child | ||
Reporting Act fails to do so. | ||
(2) In circumstances other than as described in paragraph | ||
(1) of this subsection (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, 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. | ||
(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). A prosecution for theft involving real | ||
property exceeding $100,000 in value under Section 16-1, | ||
identity theft under subsection (a) of Section 16-30, | ||
aggravated identity theft under subsection (b) of Section | ||
16-30, or any offense set forth in Article 16H or Section | ||
17-10.6 may be commenced within 7 years of the last act | ||
committed in furtherance of the crime.
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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. | ||
(Source: P.A. 98-293, eff. 1-1-14; 98-379, eff. 1-1-14; 98-756, | ||
eff. 7-16-14; 99-234, eff. 8-3-15.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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