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| Public Act 101-0130 | ||||
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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, a violation of subparagraph | ||||
(F) of paragraph (1) of subsection (d) of Section 11-501 of the | ||||
Illinois Vehicle Code for the offense of aggravated driving | ||||
under the influence of alcohol, other drug or drugs, or | ||||
intoxicating compound or compounds, or any combination thereof | ||||
when the violation was a proximate cause of a death, 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
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death, treason, arson, residential arson, aggravated arson, | ||||
forgery, child pornography under paragraph (1) of subsection | ||||
(a) of Section 11-20.1, or aggravated child pornography under | ||||
paragraph (1) of subsection (a) of Section 11-20.1B, or (2) any | ||||
offense
involving sexual conduct or sexual penetration, as | ||
defined by
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
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 | ||
(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
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and 6 months after its commission if it is a misdemeanor.
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(Source: P.A. 99-820, eff. 8-15-16; 100-149, eff. 1-1-18; | ||
100-863, eff. 8-14-18.)
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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. | ||
(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 at any time 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 may be commenced at any time. | ||
(2) 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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