HB1063 Engrossed LRB098 03415 RLC 33430 b
1		AN ACT concerning criminal law.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Criminal Code of 2012 is amended by changing
5		Sections 3-5 and 3-6 as follows:
6		(720 ILCS 5/3-5) (from Ch. 38, par. 3-5)
7		Sec. 3-5. General Limitations.
8		(a) A prosecution for: (1) first degree murder, attempt to
9		commit first degree murder, second degree murder, involuntary
10		manslaughter, reckless homicide, leaving the scene of a motor
11		vehicle accident involving death or personal injuries under
12		Section 11-401 of the Illinois Vehicle Code, failing to give
13		information and render aid under Section 11-403 of the Illinois
14		Vehicle Code, concealment of homicidal death, treason, arson,
15		aggravated arson, forgery, child pornography under paragraph
16		(1) of subsection (a) of Section 11-20.1, aggravated child
17		pornography under paragraph (1) of subsection (a) of Section
18		11-20.1B, or (2) any offense involving sexual conduct or sexual
19		penetration, as defined by Section 11-0.1 of this Code in which
20		the DNA profile of the offender is obtained and entered into a
21		DNA database within 10 years after the commission of the
22		offense, or (3) criminal sexual assault, aggravated criminal
23		sexual assault, predatory criminal sexual assault of a child,

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1		aggravated criminal sexual abuse, or criminal sexual abuse when
2		the victim of any of the offenses was under 18 years of age at
3		the time of the offense, may be commenced at any time. Clause
4		(2) of this subsection (a) applies if either: (i) the victim
5		reported the offense to law enforcement authorities within 3
6		years after the commission of the offense unless a longer
7		period for reporting the offense to law enforcement authorities
8		is provided in Section 3-6 or (ii) the victim is murdered
9		during the course of the offense or within 2 years after the
10		commission of the offense.
11		(b) Unless the statute describing the offense provides
12		otherwise, or the period of limitation is extended by Section
13		3-6, a prosecution for any offense not designated in Subsection
14		(a) must be commenced within 3 years after the commission of
15		the offense if it is a felony, or within one year and 6 months
16		after its commission if it is a misdemeanor.
17		(Source: P.A. 95-899, eff. 1-1-09; 96-292, eff. 1-1-10;
18		96-1551, eff. 7-1-11.)
19		(720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
20		Sec. 3-6. Extended limitations. The period within which a
21		prosecution must be commenced under the provisions of Section
22		3-5 or other applicable statute is extended under the following
23		conditions:
24		(a) A prosecution for theft involving a breach of a
25		fiduciary obligation to the aggrieved person may be commenced

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1		as follows:
2		(1) If the aggrieved person is a minor or a person
3		under legal disability, then during the minority or legal
4		disability or within one year after the termination
5		thereof.
6		(2) In any other instance, within one year after the
7		discovery of the offense by an aggrieved person, or by a
8		person who has legal capacity to represent an aggrieved
9		person or has a legal duty to report the offense, and is
10		not himself or herself a party to the offense; or in the
11		absence of such discovery, within one year after the proper
12		prosecuting officer becomes aware of the offense. However,
13		in no such case is the period of limitation so extended
14		more than 3 years beyond the expiration of the period
15		otherwise applicable.
16		(b) A prosecution for any offense based upon misconduct in
17		office by a public officer or employee may be commenced within
18		one year after discovery of the offense by a person having a
19		legal duty to report such offense, or in the absence of such
20		discovery, within one year after the proper prosecuting officer
21		becomes aware of the offense. However, in no such case is the
22		period of limitation so extended more than 3 years beyond the
23		expiration of the period otherwise applicable.
24		(b-5) When the victim is under 18 years of age at the time
25		of the offense, a prosecution for involuntary servitude,
26		involuntary sexual servitude of a minor, or trafficking in

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1		persons and related offenses under Section 10-9 of this Code
2		may be commenced within one year of the victim attaining the
3		age of 18 years. However, in no such case shall the time period
4		for prosecution expire sooner than 3 years after the commission
5		of the offense.
6		(c) (Blank).
7		(d) (Blank). A prosecution for child pornography,
8		aggravated child pornography, indecent solicitation of a
9		child, soliciting for a juvenile prostitute, juvenile pimping,
10		exploitation of a child, or promoting juvenile prostitution
11		except for keeping a place of juvenile prostitution may be
12		commenced within one year of the victim attaining the age of 18
13		years. However, in no such case shall the time period for
14		prosecution expire sooner than 3 years after the commission of
15		the offense. When the victim is under 18 years of age, a
16		prosecution for criminal sexual abuse may be commenced within
17		one year of the victim attaining the age of 18 years. However,
18		in no such case shall the time period for prosecution expire
19		sooner than 3 years after the commission of the offense.
20		(e) Except as otherwise provided in subdivision (j), a
21		prosecution for any offense involving sexual conduct or sexual
22		penetration, as defined in Section 11-0.1 of this Code, where
23		the defendant was within a professional or fiduciary
24		relationship or a purported professional or fiduciary
25		relationship with the victim at the time of the commission of
26		the offense may be commenced within one year after the

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1		discovery of the offense by the victim.
2		(f) A prosecution for any offense set forth in Section 44
3		of the "Environmental Protection Act", approved June 29, 1970,
4		as amended, may be commenced within 5 years after the discovery
5		of such an offense by a person or agency having the legal duty
6		to report the offense or in the absence of such discovery,
7		within 5 years after the proper prosecuting officer becomes
8		aware of the offense.
9		(f-5) A prosecution for any offense set forth in Section
10		16-30 of this Code may be commenced within 5 years after the
11		discovery of the offense by the victim of that offense.
12		(g) (Blank).
13		(h) (Blank).
14		(i) Except as otherwise provided in subdivision (j), a
15		prosecution for criminal sexual assault, aggravated criminal
16		sexual assault, or aggravated criminal sexual abuse may be
17		commenced within 10 years of the commission of the offense if
18		the victim reported the offense to law enforcement authorities
19		within 3 years after the commission of the offense.
20		Nothing in this subdivision (i) shall be construed to
21		shorten a period within which a prosecution must be commenced
22		under any other provision of this Section.
23		(j) When the victim is under 18 years of age at the time of
24		the offense, a prosecution for criminal sexual assault,
25		aggravated criminal sexual assault, predatory criminal sexual
26		assault of a child, aggravated criminal sexual abuse, or felony

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1		criminal sexual abuse, or a prosecution for failure of a person
2		who is required to report an alleged or suspected commission of
3		criminal sexual assault, aggravated criminal sexual assault,
4		predatory criminal sexual assault of a child, aggravated
5		criminal sexual abuse, or felony criminal sexual abuse any of
6		these offenses under the Abused and Neglected Child Reporting
7		Act may be commenced within 20 years after the child victim
8		attains 18 years of age. When the victim is under 18 years of
9		age at the time of the offense, a prosecution for misdemeanor
10		criminal sexual abuse may be commenced within 10 years after
11		the child victim attains 18 years of age.
12		Nothing in this subdivision (j) shall be construed to
13		shorten a period within which a prosecution must be commenced
14		under any other provision of this Section.
15		(k) A prosecution for theft involving real property
16		exceeding $100,000 in value under Section 16-1, identity theft
17		under subsection (a) of Section 16-30, aggravated identity
18		theft under subsection (b) of Section 16-30, or any offense set
19		forth in Article 16H or Section 17-10.6 may be commenced within
20		7 years of the last act committed in furtherance of the crime.
21		(Source: P.A. 96-233, eff. 1-1-10; 96-1551, Article 2, Section
22		1035, eff. 7-1-11; 96-1551, Article 10, Section 10-140, eff.
23		7-1-11; 97-597, eff. 1-1-12; 97-897, eff. 1-1-13.)