Here Is What Is Happening In Illinois
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Civil Statute of Limitations
Discovery Rule: Yes
Limitations Period: Age 18 + 20 years, None for Class X felonies
Tolling: Yes
  • Delayed Statute of Limitations for Childhood Sexual Abuse Suits: 18 years old + 20 years. 735 I.L.C.S. § 5/13-202.2.

  • Discovery Rule: 20 years after the date the person abused discovers, or through the use of reasonable diligence should discover both (i) that the act of childhood sexual abuse occurred and (ii) that the injury was caused by the childhood sexual abuse.
    735 Ill. Comp. Stat. Ann. § 5/13-202.2 (2011)

In Illinois, there is no civil statute of limitation for victims of sexual abuse when the offender has
been convicted of a Class X felony. 735 ILCS 5/13-202.1(a)(2).

The following charges are Class X felonies in Illinois:

  1. Aggravated kidnapping, 720 ILCS 5/10-2.
  2. Aggravated battery with a firearm, 720 ILCS 5/12-4.2(a)(1).
  3. Aggravated battery of a child, 720 ILCS 5/12-4.3(a).
  4. Home invasion, 720 ILCS 5/19-6.
  5. Aggravated criminal sexual assault, 720 ILCS 5/12-14.
  6. Predatory criminal sexual assault of a child (over 17 years of age and victim under 13 years old), 720 ILCS 5/12-14.1(1).
  7. Armed robbery, 720 ILCS 5/18-2.
  8. Aggravated vehicular hijacking, 720 ILCS 5/18-4.
  9. Aggravated arson, 720 ILCS 5/20-1.1.
  10. Possession of a controlled substance with intent to deliver (such as 15-100 grams or possession with intent to deliver within 1,000 feet of a public park, church, school, or public housing), 720 ILCS 570/401.
Criminal Statute of Limitations

Limitations Period:		 Age 18 + 20 years from commission of offense for most sexual offenses
Age 18 + 10 years from commission of offense for misdemeanors
Tolling: N/A
Exceptions N/A
  • Delayed Statute of Limitations for Most Sexual Offenses Against Minor Victims : Age 18 + 20 years. 720 I.L.C.S. 5/3-6(j). Such offenses include criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, or aggravated criminal sexual abuse. Id.
Pending Bills : H.B. No. 1063 & S.B. No. 1399

H.B. 1063 (house bill to eliminate SOL for criminal prosecution)  View Bill Text & Tracking from the General Assembly

INTRODUCED: Jan 30, 2013

PASSED HOUSE: Mar 22, 2013

PASSED SENATE: May 28, 2013

 

  • 09800HB1063sam001 LRB098 03415 RLC 46241 a
    1
    5/21/13 AMENDMENT TO HOUSE BILL 1063

    2     AMENDMENT NO. ______. Amend House Bill 1063 by replacing
    3 everything after the enacting clause with the following: 
     
    4     "Section 5. The Criminal Code of 2012 is amended by
    5 changing 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
    09800HB1063sam001 - 2 - LRB098 03415 RLC 46241 a

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

     

     
    09800HB1063sam001 - 3 - LRB098 03415 RLC 46241 a

    1 of the offense.
    2     (c) (Blank).
    3     (d) A prosecution for child pornography, aggravated child
    4 pornography, indecent solicitation of a child, soliciting for a
    5 juvenile prostitute, juvenile pimping, exploitation of a
    6 child, or promoting juvenile prostitution except for keeping a
    7 place of juvenile prostitution may be commenced within one year
    8 of the victim attaining the age of 18 years. However, in no
    9 such case shall the time period for prosecution expire sooner
    10 than 3 years after the commission of the offense. When the
    11 victim is under 18 years of age, a prosecution for criminal
    12 sexual abuse may be commenced within one year of the victim
    13 attaining the age of 18 years. However, in no such case shall
    14 the time period for prosecution expire sooner than 3 years
    15 after the commission of the offense.
    16     (e) Except as otherwise provided in subdivision (j), a
    17 prosecution for any offense involving sexual conduct or sexual
    18 penetration, as defined in Section 11-0.1 of this Code, where
    19 the defendant was within a professional or fiduciary
    20 relationship or a purported professional or fiduciary
    21 relationship with the victim at the time of the commission of
    22 the offense may be commenced within one year after the
    23 discovery of the offense by the victim.
    24     (f) A prosecution for any offense set forth in Section 44
    25 of the "Environmental Protection Act", approved June 29, 1970,
    26 as amended, may be commenced within 5 years after the discovery
    09800HB1063sam001 - 4 - LRB098 03415 RLC 46241 a

    1 of such an offense by a person or agency having the legal duty
    2 to report the offense or in the absence of such discovery,
    3 within 5 years after the proper prosecuting officer becomes
    4 aware of the offense.
    5     (f-5) A prosecution for any offense set forth in Section
    6 16-30 of this Code may be commenced within 5 years after the
    7 discovery of the offense by the victim of that offense.
    8     (g) (Blank).
    9     (h) (Blank).
    10     (i) Except as otherwise provided in subdivision (j), a
    11 prosecution for criminal sexual assault, aggravated criminal
    12 sexual assault, or aggravated criminal sexual abuse may be
    13 commenced within 10 years of the commission of the offense if
    14 the victim reported the offense to law enforcement authorities
    15 within 3 years after the commission of the offense.
    16     Nothing in this subdivision (i) shall be construed to
    17 shorten a period within which a prosecution must be commenced
    18 under any other provision of this Section.
    19     (j) (1) When the victim is under 18 years of age at the
    20 time of the offense, a prosecution for criminal sexual assault,
    21 aggravated criminal sexual assault, predatory criminal sexual
    22 assault of a child, aggravated criminal sexual abuse, or felony
    23 criminal sexual abuse may be commenced at any time when
    24 corroborating physical evidence is available or an individual
    25 who is required to report an alleged or suspected commission of
    26 any of these offenses under the Abused and Neglected Child
    09800HB1063sam001 - 5 - LRB098 03415 RLC 46241 a

    1 Reporting Act fails to do so.
    2     (2) In circumstances other than as described in paragraph
    3 (1) of this subsection (j), when the victim is under 18 years
    4 of age at the time of the offense, a prosecution for criminal
    5 sexual assault, aggravated criminal sexual assault, predatory
    6 criminal sexual assault of a child, aggravated criminal sexual
    7 abuse, or felony criminal sexual abuse, or a prosecution for
    8 failure of a person who is required to report an alleged or
    9 suspected commission of any of these offenses under the Abused
    10 and Neglected Child Reporting Act may be commenced within 20
    11 years after the child victim attains 18 years of age.
    12     (3) When the victim is under 18 years of age at the time of
    13 the offense, a prosecution for misdemeanor criminal sexual
    14 abuse may be commenced within 10 years after the child victim
    15 attains 18 years of age.
    16     (4) Nothing in this subdivision (j) shall be construed to
    17 shorten a period within which a prosecution must be commenced
    18 under any other provision of this Section.
    19     (k) A prosecution for theft involving real property
    20 exceeding $100,000 in value under Section 16-1, identity theft
    21 under subsection (a) of Section 16-30, aggravated identity
    22 theft under subsection (b) of Section 16-30, or any offense set
    23 forth in Article 16H or Section 17-10.6 may be commenced within
    24 7 years of the last act committed in furtherance of the crime.
    25 (Source: P.A. 96-233, eff. 1-1-10; 96-1551, Article 2, Section
    26 1035, eff. 7-1-11; 96-1551, Article 10, Section 10-140, eff.

     

     
    09800HB1063sam001 - 6 - LRB098 03415 RLC 46241 a

    S.B. 1399 (civil prospective and pending elimination) 

    May 15th, 2013: SB 1399 Passed Through House

    May 8th, 2013: SB 1399 Just passed out of committee unanimously!

    April 25th, 2013: SB 1399 Passed Through Senate

    March 1st, 2013: SB 1399 Passed Through Committee

    View PDF Fact Sheet about the IL Reform

    		•
    98TH GENERAL ASSEMBLY
    State of Illinois
    2013 and 2014
    SB1399
    Introduced 2/6/2013, by Sen. Terry Link
    SYNOPSIS AS INTRODUCED: 735 ILCS 5/13-202.2 from Ch. 110, par. 13-202.2
    Amends the Code of Civil Procedure. Replaces the provisions of the Section concerning actions for damages for personal injury based on childhood sexual abuse with language providing that an action for damages based on childhood sexual abuse may be commenced at any time. Provides that the changes made by the amendatory Act apply to actions pending on the effective date of the Act and to actions commenced on or after that date.
    A BILL FOR
    AN ACT concerning civil law.
    Be it enacted by the People of the State of Illinois, represented in the General Assembly:
    Section 5. The Code of Civil Procedure is amended by changing Section 13-202.2 as follows:
    (735 ILCS 5/13-202.2) (from Ch. 110, par. 13-202.2)
    Sec. 13-202.2. Childhood sexual abuse.
    (a) In this Section:
    "Childhood sexual abuse" means an act of sexual abuse that occurs when the person abused is under 18 years of age.
    "Sexual abuse" includes but is not limited to sexual conduct and sexual penetration as defined in Section 11-0.1 of the CriminalCode of 2012.

    (b) (Blank) Notwithstanding any other provision of law, an action for damages for personal injury based on childhood sexual abuse must be commenced within 20 years of the date the limitation period begins to run under subsection (d) or within 20 years of the date the person abused discovers or through the use of reasonable diligence should discover both (i) that the act of childhood sexual abuse occurred and (ii) that the injury was caused by the childhood sexual abuse. The fact that the person abused discovers or through the use of reasonable diligence should discover that the act of childhood sexual abuse occurred is not, by itself, sufficient to start the discovery period under this subsection (b). Knowledge of the abuse does not constitute discovery of the injury or the causal relationship between any later-discovered injury and the abuse.

    (c) (Blank) If the injury is caused by 2 or more acts of childhood sexual abuse that are part of a continuing series of acts of childhood sexual abuse by the same abuser, then the discovery period under subsection (b) shall be computed from the date the person abused discovers or through the use of reasonable diligence should discover both (i) that the last act of childhood sexual abuse in the continuing series occurred and
    (ii) that the injury was caused by any act of childhood sexual abuse in the continuing series. The fact that the person abused discovers or through the use of reasonable diligence should discover that the last act of childhood sexual abuse in the continuing series occurred is not, by itself, sufficient to start the discovery period under subsection (b). Knowledge of the abuse does not constitute discovery of the injury or the causal relationship between any later-discovered injury and the abuse.
    (d) (Blank) The limitation periods under subsection (b) do not begin to run before the person abused attains the age of 18 years; and, if at the time the person abused attains the age of 18 years he or she is under other legal disability, the limitation periods under subsection (b) do not begin to run until the removal of the disability.
    (d-1) (Blank) The limitation periods in subsection (b) do not run during a time period when the person abused is subject to threats, intimidation, manipulation, or fraud perpetrated by the abuser or by any person acting in the interest of the abuser.
    (e) (Blank) This Section applies to actions pending on the effective date of this amendatory Act of 1990 as well as to actions commenced on or after that date. The changes made by this amendatory Act of 1993 shall apply only to actions commenced on or after the effective date of this amendatory Act of 1993. The changes made by this amendatory Act of the 93rd General Assembly apply to actions pending on the effective date of this amendatory Act of the 93rd General Assembly as well as actions commenced on or after that date. The changes made by this amendatory Act of the 96th General Assembly apply to actions commenced on or after the effective date of this amendatory Act of the 96th General Assembly if the action would not have been time barred under any statute of limitations or statute of repose prior to the effective date of this amendatory Act of the 96th General Assembly.
    (f) An action for damages based on childhood sexual abuse may be commenced at any time.
    (g) The changes made by this amendatory Act of the 98th General Assembly apply to actions pending on the effective date of thisamendatory Act of the 98th General Assembly and to actions commenced on or after that date. (Source: P.A. 96-1093, eff. 1-1-11; 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
    Contact Your Representative
    Statute of Limitations: Contact Your Representative
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    News
    News Archives:
    Date Title Author Source PDF
    04/05/2013 GO ILLINOIS! Feigenholtz's Legislation on Child Sex Offenders Wins Approval      
    04/01/2013 Lawmakers look to lift statute on child sex crimes in IL Kendall Downing WPSD Local 6  
    04/01/2013 Bradley wants to remove statute of limitations on child sex assaults The Southern    
    03/21/2013 Files detail decades of abuse in Joliet Diocese Christy Gutowski Chicago Tribune
    03/11/2013 Illinois Eyes Change To Sexual Abuse Litigation   CBS St. Louis
    03/05/2008 Priests can't 'self-police' Marci Hamilton Chicago
    Sun-Times
    02/21/2008 How to Solve the Appalling Problem of Child Sex Abuse: Why Catholic Priest Andrew Greeley Is Very Wrong to Suggest Church Self-Policing Is the Answer Marci Hamilton FindLaw
    05/06/2004 Why Ensuring Accountability for Clergy Sexual Abuse of Children Has Proved So Difficult Marci Hamilton FindLaw
    Testimonies by Professor and Legal Scholar Marci A. Hamilton

    H.B. 1063 (criminal) 03/11/2013

    S.B. 1933 (civil) 03/11/2013

    03/04/2013 - RE: Illinois S.B. 1399 (eliminates the civil statute of limitations for actions arising from child sex abuse) and H.B.1063 (eliminates the criminal statute of limitations for child sex abuse)
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