Public Act 101-0285

HB3498 Enrolled LRB101 05462 SLF 50476 b

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Criminal Code of 2012 is amended by changing

Sections 3-6 and 12-34 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.

(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.

(b-6) When the victim is under 18 years of age at the time

of the offense, a prosecution for female genital mutilation may

be commenced at any time.

(c) (Blank).

(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.

(e) Except as otherwise provided in subdivision (j), a

prosecution for any offense involving sexual conduct or sexual

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.

(f) A prosecution for any offense set forth in Section 44

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.

(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.

(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 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.

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.

(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, or female genital mutilation may be

commenced at any time.

(2) When in circumstances other than as described in

paragraph (1) of this subsection (j), when 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.

(4) 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.

(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).

(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.)

(720 ILCS 5/12-34)

Sec. 12-34. Female genital mutilation.

(a) Except as otherwise permitted in subsection (b),

whoever knowingly circumcises, excises, or infibulates, in

whole or in part, the labia majora, labia minora, or clitoris

of another commits female genital mutilation. Consent to the

procedure by a minor on whom it is performed or by the minor's

parent or guardian is not a defense to a violation of this

Section.

(a-5) A parent, guardian, or other person having physical

custody or control of a child who knowingly facilitates or

permits the circumcision, excision, or infibulation, in whole

or in part, of the labia majora, labia minora, or clitoris of

the child commits female genital mutilation.

(b) A surgical procedure is not a violation of subsection

(a) if the procedure is performed by a physician licensed to

practice medicine in all its branches and:

(1) is necessary to the health of the person on whom it

is performed; or

(2) is performed on a person who is in labor or who has

just given birth and is performed for medical purposes

connected with that labor or birth.

(c) Sentence. Female genital mutilation as described in

subsection (a) is a Class X felony. Female genital mutilation

as described in subsection (a-5) is a Class 1 felony.

(Source: P.A. 96-1551, eff. 7-1-11.)