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Public Act 92-0801
HB5002 Enrolled LRB9214443RCsb
AN ACT in relation to criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Abused and Neglected Child Reporting Act
is amended by changing Sections 2, 3, 4, 4.02, 7, 7.1, 7.4,
and 7.14 as follows:
(325 ILCS 5/2) (from Ch. 23, par. 2052)
Sec. 2. The Illinois Department of Children and Family
Services shall, upon receiving reports made under this Act,
protect the health, safety, and best interests of the child
in all situations in which the child is vulnerable to child
abuse or neglect, offer protective services in order to
prevent any further harm to the child and to other children
in the same environment or family, stabilize the home
environment, and preserve family life whenever possible.
Recognizing that children also can be abused and neglected
while living in public or private residential agencies or
institutions meant to serve them, while attending day care
centers, or schools, or religious activities, or when in
contact with adults who are responsible for the welfare of
the child at that time, this Act also provides for the
reporting and investigation of child abuse and neglect in
such instances. In performing any of these duties, the
Department may utilize such protective services of voluntary
agencies as are available.
(Source: P.A. 90-28, eff. 1-1-98.)
(325 ILCS 5/3) (from Ch. 23, par. 2053)
Sec. 3. As used in this Act unless the context otherwise
requires:
"Child" means any person under the age of 18 years,
unless legally emancipated by reason of marriage or entry
into a branch of the United States armed services.
"Department" means Department of Children and Family
Services.
"Local law enforcement agency" means the police of a
city, town, village or other incorporated area or the sheriff
of an unincorporated area or any sworn officer of the
Illinois Department of State Police.
"Abused child" means a child whose parent or immediate
family member, or any person responsible for the child's
welfare, or any individual residing in the same home as the
child, or a paramour of the child's parent:
(a) a. inflicts, causes to be inflicted, or allows
to be inflicted upon such child physical injury, by other
than accidental means, which causes death, disfigurement,
impairment of physical or emotional health, or loss or
impairment of any bodily function;
(b) b. creates a substantial risk of physical
injury to such child by other than accidental means which
would be likely to cause death, disfigurement, impairment
of physical or emotional health, or loss or impairment of
any bodily function;
(c) c. commits or allows to be committed any sex
offense against such child, as such sex offenses are
defined in the Criminal Code of 1961, as amended, and
extending those definitions of sex offenses to include
children under 18 years of age;
(d) d. commits or allows to be committed an act or
acts of torture upon such child;
(e) e. inflicts excessive corporal punishment;
(f) f. commits or allows to be committed the
offense of female genital mutilation, as defined in
Section 12-34 of the Criminal Code of 1961, against the
child; or
(g) g. causes to be sold, transferred, distributed,
or given to such child under 18 years of age, a
controlled substance as defined in Section 102 of the
Illinois Controlled Substances Act in violation of
Article IV of the Illinois Controlled Substances Act,
except for controlled substances that are prescribed in
accordance with Article III of the Illinois Controlled
Substances Act and are dispensed to such child in a
manner that substantially complies with the prescription.
A child shall not be considered abused for the sole
reason that the child has been relinquished in accordance
with the Abandoned Newborn Infant Protection Act.
"Neglected child" means any child who is not receiving
the proper or necessary nourishment or medically indicated
treatment including food or care not provided solely on the
basis of the present or anticipated mental or physical
impairment as determined by a physician acting alone or in
consultation with other physicians or otherwise is not
receiving the proper or necessary support or medical or other
remedial care recognized under State law as necessary for a
child's well-being, or other care necessary for his or her
well-being, including adequate food, clothing and shelter; or
who is abandoned by his or her parents or other person
responsible for the child's welfare without a proper plan of
care; or who is a newborn infant whose blood, urine, or
meconium contains any amount of a controlled substance as
defined in subsection (f) of Section 102 of the Illinois
Controlled Substances Act or a metabolite thereof, with the
exception of a controlled substance or metabolite thereof
whose presence in the newborn infant is the result of medical
treatment administered to the mother or the newborn infant. A
child shall not be considered neglected for the sole reason
that the child's parent or other person responsible for his
or her welfare has left the child in the care of an adult
relative for any period of time. A child shall not be
considered neglected for the sole reason that the child has
been relinquished in accordance with the Abandoned Newborn
Infant Protection Act. A child shall not be considered
neglected or abused for the sole reason that such child's
parent or other person responsible for his or her welfare
depends upon spiritual means through prayer alone for the
treatment or cure of disease or remedial care as provided
under Section 4 of this Act. A child shall not be considered
neglected or abused solely because the child is not attending
school in accordance with the requirements of Article 26 of
The School Code, as amended.
"Child Protective Service Unit" means certain specialized
State employees of the Department assigned by the Director to
perform the duties and responsibilities as provided under
Section 7.2 of this Act.
"Person responsible for the child's welfare" means the
child's parent; guardian; foster parent; relative caregiver;
any person responsible for the child's welfare in a public or
private residential agency or institution; any person
responsible for the child's welfare within a public or
private profit or not for profit child care facility; or any
other person responsible for the child's welfare at the time
of the alleged abuse or neglect, or any person who came to
know the child through an official capacity or position of
trust, including but not limited to health care
professionals, educational personnel, recreational
supervisors, members of the clergy, and volunteers or support
personnel in any setting where children may be subject to
abuse or neglect.
"Temporary protective custody" means custody within a
hospital or other medical facility or a place previously
designated for such custody by the Department, subject to
review by the Court, including a licensed foster home, group
home, or other institution; but such place shall not be a
jail or other place for the detention of criminal or juvenile
offenders.
"An unfounded report" means any report made under this
Act for which it is determined after an investigation that no
credible evidence of abuse or neglect exists.
"An indicated report" means a report made under this Act
if an investigation determines that credible evidence of the
alleged abuse or neglect exists.
"An undetermined report" means any report made under this
Act in which it was not possible to initiate or complete an
investigation on the basis of information provided to the
Department.
"Subject of report" means any child reported to the
central register of child abuse and neglect established under
Section 7.7 of this Act and his or her parent, guardian or
other person responsible who is also named in the report.
"Perpetrator" means a person who, as a result of
investigation, has been determined by the Department to have
caused child abuse or neglect.
"Member of the clergy" means a clergyman or practitioner
of any religious denomination accredited by the religious
body to which he or she belongs.
(Source: P.A. 91-802, eff. 1-1-01; 92-408, eff. 8-17-01;
92-432, eff. 8-17-01.)
(325 ILCS 5/4) (from Ch. 23, par. 2054)
Sec. 4. Persons required to report; privileged
communications; transmitting false report. Any physician,
resident, intern, hospital, hospital administrator and
personnel engaged in examination, care and treatment of
persons, surgeon, dentist, dentist hygienist, osteopath,
chiropractor, podiatrist, physician assistant, substance
abuse treatment personnel, Christian Science practitioner,
funeral home director or employee, coroner, medical examiner,
emergency medical technician, acupuncturist, crisis line or
hotline personnel, school personnel, educational advocate
assigned to a child pursuant to the School Code, truant
officers, social worker, social services administrator,
domestic violence program personnel, registered nurse,
licensed practical nurse, respiratory care practitioner,
advanced practice nurse, home health aide, director or staff
assistant of a nursery school or a child day care center,
recreational program or facility personnel, law enforcement
officer, registered psychologist and assistants working
under the direct supervision of a psychologist, psychiatrist,
or field personnel of the Illinois Department of Public Aid,
Public Health, Human Services (acting as successor to the
Department of Mental Health and Developmental Disabilities,
Rehabilitation Services, or Public Aid), Corrections, Human
Rights, or Children and Family Services, supervisor and
administrator of general assistance under the Illinois Public
Aid Code, probation officer, or any other foster parent,
homemaker or child care worker having reasonable cause to
believe a child known to them in their professional or
official capacity may be an abused child or a neglected child
shall immediately report or cause a report to be made to the
Department.
Any member of the clergy having reasonable cause to
believe that a child known to that member of the clergy in
his or her professional capacity may be an abused child as
defined in item (c) of the definition of "abused child" in
Section 3 of this Act shall immediately report or cause a
report to be made to the Department.
Whenever such person is required to report under this Act
in his capacity as a member of the staff of a medical or
other public or private institution, school, facility or
agency, or as a member of the clergy, he shall make report
immediately to the Department in accordance with the
provisions of this Act and may also notify the person in
charge of such institution, school, facility or agency, or
church, synagogue, temple, mosque, or other religious
institution, or his designated agent that such report has
been made. Under no circumstances shall any person in charge
of such institution, school, facility or agency, or church,
synagogue, temple, mosque, or other religious institution, or
his designated agent to whom such notification has been made,
exercise any control, restraint, modification or other change
in the report or the forwarding of such report to the
Department.
The privileged quality of communication between any
professional person required to report and his patient or
client shall not apply to situations involving abused or
neglected children and shall not constitute grounds for
failure to report as required by this Act.
A member of the clergy may claim the privilege under
Section 8-803 of the Code of Civil Procedure.
In addition to the above persons required to report
suspected cases of abused or neglected children, any other
person may make a report if such person has reasonable cause
to believe a child may be an abused child or a neglected
child.
Any person who enters into employment on and after July
1, 1986 and is mandated by virtue of that employment to
report under this Act, shall sign a statement on a form
prescribed by the Department, to the effect that the employee
has knowledge and understanding of the reporting requirements
of this Act. The statement shall be signed prior to
commencement of the employment. The signed statement shall
be retained by the employer. The cost of printing,
distribution, and filing of the statement shall be borne by
the employer.
The Department shall provide copies of this Act, upon
request, to all employers employing persons who shall be
required under the provisions of this Section to report under
this Act.
Any person who knowingly transmits a false report to the
Department commits the offense of disorderly conduct under
subsection (a)(7) of Section 26-1 of the "Criminal Code of
1961". Any person who violates this provision a second or
subsequent time shall be guilty of a Class 4 felony.
Any person who knowingly and willfully violates any
provision of this Section other than a second or subsequent
violation of transmitting a false report as described in the
preceding paragraph, is shall be guilty of a Class A
misdemeanor for a first violation and a Class 4 felony for a
second or subsequent violation.
A child whose parent, guardian or custodian in good faith
selects and depends upon spiritual means through prayer
alone for the treatment or cure of disease or remedial care
may be considered neglected or abused, but not for the sole
reason that his parent, guardian or custodian accepts and
practices such beliefs.
A child shall not be considered neglected or abused
solely because the child is not attending school in
accordance with the requirements of Article 26 of the School
Code, as amended.
(Source: P.A. 91-259, eff. 1-1-00; 91-516, eff. 8-13-99;
92-16, eff. 6-28-01.)
(325 ILCS 5/4.02) (from Ch. 23, par. 2054.02)
Sec. 4.02. Any physician who willfully fails to report
suspected child abuse or neglect as required by this Act
shall be referred to the Illinois State Medical Disciplinary
Board for action in accordance with paragraph 22 of Section
22 of the Medical Practice Act of 1987. Any dentist or dental
hygienist who willfully fails to report suspected child abuse
or neglect as required by this Act shall be referred to the
Department of Professional Regulation for action in
accordance with paragraph 19 of Section 23 of the Illinois
Dental Practice Act. Any other person required by this Act
to report suspected child abuse and neglect who willfully
fails to report such is shall be guilty of a Class A
misdemeanor for a first violation and a Class 4 felony for a
second or subsequent violation.
(Source: P.A. 91-197, eff. 1-1-00.)
(325 ILCS 5/7) (from Ch. 23, par. 2057)
Sec. 7. Time and manner of making reports. All reports
of suspected child abuse or neglect made under this Act shall
be made immediately by telephone to the central register
established under Section 7.7 on the single, State-wide,
toll-free telephone number established in Section 7.6, or in
person or by telephone through the nearest Department office.
The Department shall, in cooperation with school officials,
distribute appropriate materials in school buildings listing
the toll-free telephone number established in Section 7.6,
including methods of making a report under this Act. The
Department may, in cooperation with appropriate members of
the clergy, distribute appropriate materials in churches,
synagogues, temples, mosques, or other religious buildings
listing the toll-free telephone number established in Section
7.6, including methods of making a report under this Act.
Wherever the Statewide number is posted, there shall also
be posted the following notice:
"Any person who knowingly transmits a false report to the
Department commits the offense of disorderly conduct under
subsection (a)(7) of Section 26-1 of the Criminal Code of
1961. A first violation of this subsection is a Class A
misdemeanor, punishable by a term of imprisonment for up to
one year, or by a fine not to exceed $1,000, or by both such
term and fine. A second or subsequent violation is a Class 4
felony."
The report required by this Act shall include, if known,
the name and address of the child and his parents or other
persons having his custody; the child's age; the nature of
the child's condition including any evidence of previous
injuries or disabilities; and any other information that the
person filing the report believes might be helpful in
establishing the cause of such abuse or neglect and the
identity of the person believed to have caused such abuse or
neglect. Reports made to the central register through the
State-wide, toll-free telephone number shall be immediately
transmitted to the appropriate Child Protective Service Unit.
The Department shall within 24 hours orally notify local law
enforcement personnel and the office of the State's Attorney
of the involved county of the receipt of any report alleging
the death of a child, serious injury to a child including,
but not limited to, brain damage, skull fractures, subdural
hematomas, and, internal injuries, torture of a child,
malnutrition of a child, and sexual abuse to a child,
including, but not limited to, sexual intercourse, sexual
exploitation, sexual molestation, and sexually transmitted
disease in a child age twelve and under. All oral reports
made by the Department to local law enforcement personnel and
the office of the State's Attorney of the involved county
shall be confirmed in writing within 48 hours of the oral
report. All reports by persons mandated to report under this
Act shall be confirmed in writing to the appropriate Child
Protective Service Unit, which may be on forms supplied by
the Department, within 48 hours of any initial report.
Written confirmation reports from persons not required to
report by this Act may be made to the appropriate Child
Protective Service Unit. Written reports from persons
required by this Act to report shall be admissible in
evidence in any judicial proceeding relating to child abuse
or neglect. Reports involving known or suspected child abuse
or neglect in public or private residential agencies or
institutions shall be made and received in the same manner as
all other reports made under this Act.
(Source: P.A. 89-187, eff. 7-19-95.)
(325 ILCS 5/7.1) (from Ch. 23, par. 2057.1)
Sec. 7.1. (a) To the fullest extent feasible, the
Department shall cooperate with and shall seek the
cooperation and involvement of all appropriate public and
private agencies, including health, education, social service
and law enforcement agencies, religious institutions, courts
of competent jurisdiction, and agencies, organizations, or
programs providing or concerned with human services related
to the prevention, identification or treatment of child abuse
or neglect.
Such cooperation and involvement shall include joint
consultation and services, joint planning, joint case
management, joint public education and information services,
joint utilization of facilities, joint staff development and
other training, and the creation of multidisciplinary case
diagnostic, case handling, case management, and policy
planning teams. Such cooperation and involvement shall also
include consultation and planning with the Illinois
Department of Human Services regarding referrals to
designated perinatal centers of newborn children requiring
protective custody under this Act, whose life or development
may be threatened by a developmental disability or
handicapping condition.
For implementing such intergovernmental cooperation and
involvement, units of local government and public and private
agencies may apply for and receive federal or State funds
from the Department under this Act or seek and receive gifts
from local philanthropic or other private local sources in
order to augment any State funds appropriated for the
purposes of this Act.
(b) The Department may establish up to 5 demonstrations
of multidisciplinary teams to advise, review and monitor
cases of child abuse and neglect brought by the Department or
any member of the team. The Director shall determine the
criteria by which certain cases of child abuse or neglect are
brought to the multidisciplinary teams. The criteria shall
include but not be limited to geographic area and
classification of certain cases where allegations are of a
severe nature. Each multidisciplinary team shall consist of
7 to 10 members appointed by the Director, including, but not
limited to representatives from the medical, mental health,
educational, juvenile justice, law enforcement and social
service fields.
(Source: P.A. 89-507, eff. 7-1-97.)
(325 ILCS 5/7.4) (from Ch. 23, par. 2057.4)
Sec. 7.4. (a) The Department shall be capable of
receiving reports of suspected child abuse or neglect 24
hours a day, 7 days a week. Whenever the Department receives
a report alleging that a child is a truant as defined in
Section 26-2a of The School Code, as now or hereafter
amended, the Department shall notify the superintendent of
the school district in which the child resides and the
appropriate superintendent of the educational service region.
The notification to the appropriate officials by the
Department shall not be considered an allegation of abuse or
neglect under this Act.
(b) (1) The following procedures shall be followed in
the investigation of all reports of suspected abuse or
neglect of a child, except as provided in subsection (c) of
this Section.
(2) If it appears that the immediate safety or
well-being of a child is endangered, that the family may flee
or the child disappear, or that the facts otherwise so
warrant, the Child Protective Service Unit shall commence an
investigation immediately, regardless of the time of day or
night. In all other cases, investigation shall be commenced
within 24 hours of receipt of the report. Upon receipt of a
report, the Child Protective Service Unit shall make an
initial investigation and an initial determination whether
the report is a good faith indication of alleged child abuse
or neglect.
(3) If the Unit determines the report is a good faith
indication of alleged child abuse or neglect, then a formal
investigation shall commence and, pursuant to Section 7.12 of
this Act, may or may not result in an indicated report. The
formal investigation shall include: direct contact with the
subject or subjects of the report as soon as possible after
the report is received; an evaluation of the environment of
the child named in the report and any other children in the
same environment; a determination of the risk to such
children if they continue to remain in the existing
environments, as well as a determination of the nature,
extent and cause of any condition enumerated in such report;
the name, age and condition of other children in the
environment; and an evaluation as to whether there would be
an immediate and urgent necessity to remove the child from
the environment if appropriate family preservation services
were provided. After seeing to the safety of the child or
children, the Department shall forthwith notify the subjects
of the report in writing, of the existence of the report and
their rights existing under this Act in regard to amendment
or expungement. To fulfill the requirements of this Section,
the Child Protective Service Unit shall have the capability
of providing or arranging for comprehensive emergency
services to children and families at all times of the day or
night.
(4) If (i) at the conclusion of the Unit's initial
investigation of a report, the Unit determines the report to
be a good faith indication of alleged child abuse or neglect
that warrants a formal investigation by the Unit, the
Department, any law enforcement agency or any other
responsible agency and (ii) the person who is alleged to have
caused the abuse or neglect is employed or otherwise engaged
in an activity resulting in frequent contact with children
and the alleged abuse or neglect are in the course of such
employment or activity, then the Department shall, except in
investigations where the Director determines that such
notification would be detrimental to the Department's
investigation, inform the appropriate supervisor or
administrator of that employment or activity that the Unit
has commenced a formal investigation pursuant to this Act,
which may or may not result in an indicated report. The
Department shall also notify the person being investigated,
unless the Director determines that such notification would
be detrimental to the Department's investigation.
(c) In an investigation of a report of suspected abuse
or neglect of a child by a school employee at a school or on
school grounds, the Department shall make reasonable efforts
to follow the following procedures:
(1) Investigations involving teachers shall not, to
the extent possible, be conducted when the teacher is
scheduled to conduct classes. Investigations involving
other school employees shall be conducted so as to
minimize disruption of the school day. The school
employee accused of child abuse or neglect may have his
superior, his association or union representative and his
attorney present at any interview or meeting at which the
teacher or administrator is present. The accused school
employee shall be informed by a representative of the
Department, at any interview or meeting, of the accused
school employee's due process rights and of the steps in
the investigation process. The information shall include,
but need not necessarily be limited to the right, subject
to the approval of the Department, of the school employee
to confront the accuser, if the accuser is 14 years of
age or older, or the right to review the specific
allegations which gave rise to the investigation, and the
right to review all materials and evidence that have been
submitted to the Department in support of the allegation.
These due process rights shall also include the right of
the school employee to present countervailing evidence
regarding the accusations.
(2) If a report of neglect or abuse of a child by a
teacher or administrator does not involve allegations of
sexual abuse or extreme physical abuse, the Child
Protective Service Unit shall make reasonable efforts to
conduct the initial investigation in coordination with
the employee's supervisor.
If the Unit determines that the report is a good
faith indication of potential child abuse or neglect, it
shall then commence a formal investigation under
paragraph (3) of subsection (b) of this Section.
(3) If a report of neglect or abuse of a child by a
teacher or administrator involves an allegation of sexual
abuse or extreme physical abuse, the Child Protective
Unit shall commence an investigation under paragraph (2)
of subsection (b) of this Section.
(d) If the Department has contact with an employer, or
with a religious institution or religious official having
supervisory or hierarchical authority over a member of the
clergy accused of the abuse of a child, in the course of its
investigation, the Department shall notify the employer or
the religious institution or religious official, in writing,
when a report is unfounded so that any record of the
investigation can be expunged from the employee's or member
of the clergy's personnel or other records. The Department
shall also notify the employee or the member of the clergy,
in writing, that notification has been sent to the employer
or to the appropriate religious institution or religious
official informing the employer or religious institution or
religious official that the Department's investigation has
resulted in an unfounded report.
(e) Upon request by the Department, the Department of
State Police and law enforcement agencies are authorized to
provide criminal history record information as defined in
the Illinois Uniform Conviction Information Act and
information maintained in the adjudicatory and dispositional
record system as defined in Section 2605-355 of the
Department of State Police Law (20 ILCS 2605/2605-355) to
properly designated employees of the Department of Children
and Family Services if the Department determines the
information is necessary to perform its duties under the
Abused and Neglected Child Reporting Act, the Child Care Act
of 1969, and the Children and Family Services Act. The
request shall be in the form and manner required by the
Department of State Police. Any information obtained by the
Department of Children and Family Services under this Section
is confidential and may not be transmitted outside the
Department of Children and Family Services other than to a
court of competent jurisdiction or unless otherwise
authorized by law. Any employee of the Department of Children
and Family Services who transmits confidential information in
violation of this Section or causes the information to be
transmitted in violation of this Section is guilty of a Class
A misdemeanor unless the transmittal of the information is
authorized by this Section or otherwise authorized by law.
(Source: P.A. 91-239, eff. 1-1-00.)
(325 ILCS 5/7.14) (from Ch. 23, par. 2057.14)
Sec. 7.14. All reports in the central register shall be
classified in one of three categories: "indicated",
"unfounded" or "undetermined", as the case may be. After the
report is classified, the person making the classification
shall determine whether the child named in the report is the
subject of an action under Article II of the Juvenile Court
Act of 1987. If the child is the subject of an action under
Article II of the Juvenile Court Act, the Department shall
transmit a copy of the report to the guardian ad litem
appointed for the child under Section 2-17 of the Juvenile
Court Act. All information identifying the subjects of an
unfounded report shall be expunged from the register
forthwith, except as provided in Section 7.7. Unfounded
reports may only be made available to the Child Protective
Service Unit when investigating a subsequent report of
suspected abuse or maltreatment involving a child named in
the unfounded report; and to the subject of the report,
provided that the subject requests the report within 60 days
of being notified that the report was unfounded. The Child
Protective Service Unit shall not indicate the subsequent
report solely based upon the existence of the prior unfounded
report or reports. Notwithstanding any other provision of
law to the contrary, an unfounded report shall not be
admissible in any judicial or administrative proceeding or
action. Identifying information on all other records shall be
removed from the register no later than 5 years after the
report is indicated. However, if another report is received
involving the same child, his sibling or offspring, or a
child in the care of the persons responsible for the child's
welfare, or involving the same alleged offender, the
identifying information may be maintained in the register
until 5 years after the subsequent case or report is closed.
Notwithstanding any other provision of this Section,
identifying information in indicated reports involving the
sexual abuse of a child, the death of a child, or serious
physical injury to a child as defined by the Department in
rules, may be retained longer than 5 years after the report
is indicated or after the subsequent case or report is
closed, and may not be removed from the register except as
provided by the Department in rules.
(Source: P.A. 90-15, eff. 6-13-97.)
Section 10. 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 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.
(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 2 years after the commission of the
offense.
When the victim is under 18 years of age at the time of
the offense and the offender is a family member as defined in
Section 12-12, a prosecution for criminal sexual assault,
aggravated criminal sexual assault, predatory criminal sexual
assault of a child, or aggravated criminal sexual abuse may
be commenced within 10 years of the victim attaining the age
of 18 years.
When the victim is under 18 years of age at the time of
the offense and the offender is not a family member as
defined in Section 12-12, a prosecution for criminal sexual
assault, aggravated criminal sexual assault, predatory
criminal sexual assault of a child, or aggravated criminal
sexual abuse may be commenced within 10 years of the victim
attaining the age of 18 years, if the victim reported the
offense to law enforcement authorities before he or she
attained the age of 21 years. 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 10 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. 91-475, eff. 1-1-00; 91-801, eff. 6-13-00.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 23, 2002.
Approved August 16, 2002.
Effective August 16, 2002.
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