Governor Signs Bill Eliminating Criminal SOL in Illinois

/in /by

IL 1063

 

Bill Text:

HB1063 Enrolled 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 Section 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
8 prosecution must be commenced under the provisions of Section
9 3-5 or other applicable statute is extended under the following
10 conditions:
11     (a) A prosecution for theft involving a breach of a
12 fiduciary obligation to the aggrieved person may be commenced
13 as 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
 

 
HB1063 Enrolled – 2 – LRB098 03415 RLC 33430 b
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
6 office by a public officer or employee may be commenced within
7 one year after discovery of the offense by a person having a
8 legal duty to report such offense, or in the absence of such
9 discovery, within one year after the proper prosecuting officer
10 becomes aware of the offense. However, in no such case is the
11 period of limitation so extended more than 3 years beyond the
12 expiration of the period otherwise applicable.
13     (b-5) When the victim is under 18 years of age at the time
14 of the offense, a prosecution for involuntary servitude,
15 involuntary sexual servitude of a minor, or trafficking in
16 persons and related offenses under Section 10-9 of this Code
17 may be commenced within one year of the victim attaining the
18 age of 18 years. However, in no such case shall the time period
19 for prosecution expire sooner than 3 years after the commission
20 of the offense.
21     (c) (Blank).
22     (d) A prosecution for child pornography, aggravated child
23 pornography, indecent solicitation of a child, soliciting for a
24 juvenile prostitute, juvenile pimping, exploitation of a
25 child, or promoting juvenile prostitution except for keeping a
26 place of juvenile prostitution may be commenced within one year
 

 
HB1063 Enrolled – 3 – LRB098 03415 RLC 33430 b
1 of the victim attaining the age of 18 years. However, in no
2 such case shall the time period for prosecution expire sooner
3 than 3 years after the commission of the offense. When the
4 victim is under 18 years of age, a prosecution for criminal
5 sexual abuse may be commenced within one year of the victim
6 attaining the age of 18 years. However, in no such case shall
7 the time period for prosecution expire sooner than 3 years
8 after the commission of the offense.
9     (e) Except as otherwise provided in subdivision (j), a
10 prosecution for any offense involving sexual conduct or sexual
11 penetration, as defined in Section 11-0.1 of this Code, where
12 the defendant was within a professional or fiduciary
13 relationship or a purported professional or fiduciary
14 relationship with the victim at the time of the commission of
15 the offense may be commenced within one year after the
16 discovery of the offense by the victim.
17     (f) A prosecution for any offense set forth in Section 44
18 of the "Environmental Protection Act", approved June 29, 1970,
19 as amended, may be commenced within 5 years after the discovery
20 of such an offense by a person or agency having the legal duty
21 to report the offense or in the absence of such discovery,
22 within 5 years after the proper prosecuting officer becomes
23 aware of the offense.
24     (f-5) A prosecution for any offense set forth in Section
25 16-30 of this Code may be commenced within 5 years after the
26 discovery of the offense by the victim of that offense.
 

 
HB1063 Enrolled – 4 – LRB098 03415 RLC 33430 b
1     (g) (Blank).
2     (h) (Blank).
3     (i) Except as otherwise provided in subdivision (j), a
4 prosecution for criminal sexual assault, aggravated criminal
5 sexual assault, or aggravated criminal sexual abuse may be
6 commenced within 10 years of the commission of the offense if
7 the victim reported the offense to law enforcement authorities
8 within 3 years after the commission of the offense.
9     Nothing in this subdivision (i) shall be construed to
10 shorten a period within which a prosecution must be commenced
11 under any other provision of this Section.
12     (j) (1) When the victim is under 18 years of age at the
13 time of the offense, a prosecution for criminal sexual assault,
14 aggravated criminal sexual assault, predatory criminal sexual
15 assault of a child, aggravated criminal sexual abuse, or felony
16 criminal sexual abuse may be commenced at any time when
17 corroborating physical evidence is available or an individual
18 who is required to report an alleged or suspected commission of
19 any of these offenses under the Abused and Neglected Child
20 Reporting Act fails to do so.
21     (2) In circumstances other than as described in paragraph
22 (1) of this subsection (j), when the victim is under 18 years
23 of age at the time of the offense, a prosecution for criminal
24 sexual assault, aggravated criminal sexual assault, predatory
25 criminal sexual assault of a child, aggravated criminal sexual
26 abuse, or felony criminal sexual abuse, or a prosecution for
 

 
HB1063 Enrolled – 5 – LRB098 03415 RLC 33430 b
1 failure of a person who is required to report an alleged or
2 suspected commission of any of these offenses under the Abused
3 and Neglected Child Reporting Act may be commenced within 20
4 years after the child victim attains 18 years of age.
5     (3) When the victim is under 18 years of age at the time of
6 the offense, a prosecution for misdemeanor criminal sexual
7 abuse may be commenced within 10 years after the child victim
8 attains 18 years of age.
9     (4) Nothing in this subdivision (j) shall be construed to
10 shorten a period within which a prosecution must be commenced
11 under any other provision of this Section.
12     (k) A prosecution for theft involving real property
13 exceeding $100,000 in value under Section 16-1, identity theft
14 under subsection (a) of Section 16-30, aggravated identity
15 theft under subsection (b) of Section 16-30, or any offense set
16 forth in Article 16H or Section 17-10.6 may be commenced within
17 7 years of the last act committed in furtherance of the crime.
18 (Source: P.A. 96-233, eff. 1-1-10; 96-1551, Article 2, Section
19 1035, eff. 7-1-11; 96-1551, Article 10, Section 10-140, eff.
20 7-1-11; 97-597, eff. 1-1-12; 97-897, eff. 1-1-13.)