HB1418 EnrolledLRB099 05184 RLC 25214 b



1 AN ACT concerning criminal law.


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

3represented in the General Assembly:



4 Section 5. The Criminal Code of 2012 is amended by changing 
5Section 3-6 as follows:




6 (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)


7 Sec. 3-6. Extended limitations. The period within which a 
8prosecution
must be commenced under the provisions of Section 
93-5 or other applicable
statute is extended under the following 
10conditions:

11 (a) A prosecution for theft involving a breach of a 
12fiduciary obligation
to the aggrieved person may be commenced 
13as follows:


14  (1) If the aggrieved person is a minor or a person 
15 under legal disability,
then during the minority or legal 
16 disability or within one year after the
termination 
17 thereof.


18  (2) In any other instance, within one year after the 
19 discovery of the
offense by an aggrieved person, or by a 
20 person who has legal capacity to
represent an aggrieved 
21 person or has a legal duty to report the offense,
and is 
22 not himself or herself a party to the offense; or in the 
23 absence of such
discovery, within one year after the proper 
 
 
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1 prosecuting officer becomes
aware of the offense. However, 
2 in no such case is the period of limitation
so extended 
3 more than 3 years beyond the expiration of the period 
4 otherwise
applicable.

5 (b) A prosecution for any offense based upon misconduct in 
6office by a
public officer or employee may be commenced within 
7one year after discovery
of the offense by a person having a 
8legal duty to report such offense, or
in the absence of such 
9discovery, within one year after the proper
prosecuting officer 
10becomes aware of the offense. However, in no such case
is the 
11period of limitation so extended more than 3 years beyond the

12expiration of the period otherwise applicable.

13 (b-5) When the victim is under 18 years of age at the time 
14of the offense, a prosecution for involuntary servitude, 
15involuntary sexual servitude of a minor, or trafficking in 
16persons and related offenses under Section 10-9 of this Code 
17may be commenced within one year of the victim attaining the 
18age of 18 years. However, in no such case shall the time period 
19for prosecution expire sooner than 3 years after the commission 
20of the offense. 
21 (c) (Blank).

22 (d) A prosecution for child pornography, aggravated child 
23pornography, indecent
solicitation of a
child, soliciting for a 
24juvenile prostitute, juvenile pimping,
exploitation of a 
25child, or promoting juvenile prostitution except for keeping a 
26place of juvenile prostitution may be commenced within one year 
 
 
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1of the victim
attaining the age of 18 years. However, in no 
2such case shall the time
period for prosecution expire sooner 
3than 3 years after the commission of
the offense. When the 
4victim is under 18 years of age, a prosecution for
criminal

5sexual abuse may be commenced within
one year of the victim 
6attaining the age of 18 years. However, in no such
case shall 
7the time period for prosecution expire sooner than 3 years 
8after
the commission of the offense.

9 (e) Except as otherwise provided in subdivision (j), a 
10prosecution for
any offense involving sexual conduct or sexual

11penetration, as defined in Section 11-0.1 of this Code, where 
12the defendant
was within a professional or fiduciary 
13relationship or a purported
professional or fiduciary 
14relationship with the victim at the
time of the commission of 
15the offense may be commenced within one year
after the 
16discovery of the offense by the victim.

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

18of the "Environmental Protection Act", approved June 29, 1970, 
19as amended,
may be commenced within 5 years after the discovery 
20of such
an offense by a person or agency having the legal duty 
21to report the
offense or in the absence of such discovery, 
22within 5 years
after the proper prosecuting officer becomes 
23aware of the offense.

24 (f-5) A prosecution for any offense set forth in Section 
2516-30 of this Code may be commenced within 5 years after the 
26discovery of the offense by the victim of that offense.

 
 
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1 (g) (Blank).

2 (h) (Blank).

3 (i) Except as otherwise provided in subdivision (j), a 
4prosecution for
criminal sexual assault, aggravated criminal

5sexual assault, or aggravated criminal sexual abuse may be 
6commenced within 10
years of the commission of the offense if 
7the victim reported the offense to
law enforcement authorities 
8within 3 years after the commission of the offense.

9 Nothing in this subdivision (i) shall be construed to

10shorten a period within which a prosecution must be commenced 
11under any other
provision of this Section.

12 (i-5) A prosecution for armed robbery, home invasion, 
13kidnapping, or aggravated kidnaping may be commenced within 10 
14years of the commission of the offense if it arises out of the 
15same course of conduct and meets the criteria under one of the 
16offenses in subsection (i) of this Section. 
17 (j) (1) When the victim is under 18 years of age at the 
18time of the offense, a
prosecution
for criminal sexual assault, 
19aggravated criminal sexual assault, predatory
criminal sexual 
20assault of a child, aggravated criminal sexual abuse, or felony 
21criminal sexual abuse may be commenced at any time when 
22corroborating physical evidence is available or an individual 
23who is required to report an alleged or suspected commission of 
24any of these offenses under the Abused and Neglected Child 
25Reporting Act fails to do so.
26 (2) In circumstances other than as described in paragraph 
 
 
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1(1) of this subsection (j), when the victim is under 18 years 
2of age at the time of the offense, a prosecution for criminal 
3sexual assault, aggravated criminal sexual assault, predatory 
4criminal sexual assault of a child, aggravated criminal sexual 
5abuse, or felony criminal sexual abuse, or a
prosecution for 
6failure of a person who is required to report an alleged
or 
7suspected commission of any of these offenses under the Abused 
8and Neglected
Child Reporting Act may be
commenced within 20 
9years after the child victim attains 18
years of age.
10 (3) When the victim is under 18 years of age at the time of 
11the offense, a
prosecution
for misdemeanor criminal sexual 
12abuse may be
commenced within 10 years after the child victim 
13attains 18
years of age.

14 (4) Nothing in this subdivision (j) shall be construed to

15shorten a period within which a prosecution must be commenced 
16under any other
provision of this Section.

17 (j-5) A prosecution for armed robbery, home invasion, 
18kidnapping, or aggravated kidnaping may be commenced at any 
19time if it arises out of the same course of conduct and meets 
20the criteria under one of the offenses in subsection (j) of 
21this Section. 
22 (k) A prosecution for theft involving real property 
23exceeding $100,000 in value under Section 16-1, identity theft 
24under subsection (a) of Section 16-30, aggravated identity 
25theft under subsection (b) of Section 16-30, or any offense set 
26forth in Article 16H or Section 17-10.6 may be commenced within 
 
 
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17 years of the last act committed in furtherance of the crime.

2 (l) A prosecution for any offense set forth in Section 26-4 
3of this Code may be commenced within one year after the 
4discovery of the offense by the victim of that offense. 
5(Source: P.A. 97-597, eff. 1-1-12; 97-897, eff. 1-1-13; 98-293, 
6eff. 1-1-14; 98-379, eff. 1-1-14; 98-756, eff. 7-16-14.)


7 Section 99. Effective date. This Act takes effect upon 
8becoming law.