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SOL vs. perp: Removed
SOL vs. employer: Removed

Majority Tolling: √       Age 18
Discovery Tolling:  √   Liberal

Age of Consent: 17

SOL: None. Eliminated prospectively as of Jan. 2014.

  1. 735 ILCS 5/13-202.2 (f) (“Notwithstanding any other provision of law, an action for damages based on childhood sexual abuse may be commenced at any time; provided, however, that the changes made by this amendatory Act of the 98th General Assembly [P.A. 98-276] apply to actions commenced on or after the effective date of this amendatory Act of the 98th 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 98th General Assembly.”)
  2. Prospective/extension of open claims only. Revival unconstitutional in Illinois.

DISCOVERY TOLLING

Discovery, yes. Statute imposes liberal discovery rule. (CL version was narrow/unavailable to many—legislature overruled Courts’ interp. in 1993).

  1. 735 ILCS 5/13-202.2 (a) (“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.”)

MAJORITY TOLLING

Majority, yes.

  1. 735 ILCS 5/13-202.2(d) “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.”

Removed in 2014, provided there is corroborating physical evidence, or a failure to report occurred.

Removed in 2014, provided there is corroborating physical evidence, or a failure to report occurred. 720 ILCS 5/3-6 (j) (1).

720 ILCS 5/3-6 (j) (1) (“Extended limitations. The period within which a prosecution must be commenced under the provisions of Section 3-5 [720 ILCS 5/3-5] or other applicable statute is extended under the following conditions:…(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 may be commenced at any time when corroborating physical evidence is available or an individual who is required to report an alleged or suspected commission of any of these offenses under the Abused and Neglected Child Reporting Act fails to do so.

APPLICABILITYRemoval effective Jan. 1, 2014. 

o   (The 2013 amendment by P.A. 98-379, effective January 1, 2014, added the (j)(1) through (j)(4) designations; added “may be commenced at any time when corroborating physical evidence is available or an individual who is required to report an alleged or suspected commission of any of these offenses under the Abused and Neglected Child Reporting Act fails to do so” to the end of (j)(1); and added “In circumstances other than as described in paragraph (1) of this subsection (j), 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” to the beginning of (j)(2).720 ILCS 5/3-6”)

o   720 ILCS 5/3-6 (j) (2)  In circumstances other than as described in paragraph (1) of this subsection (j), 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 a prosecution for failure of a person who is required to report an alleged or suspected commission of any of these offenses under the Abused and Neglected Child Reporting Act [325 ILCS 5/1 et seq.] may be commenced within 20 years after the child victim attains 18 years of age. (NOTE: this means SOL prior to Jan.1 2014, would have been +20 from majority as here for all of a previously unified j. see, 2013 amendments above.)

o   720 ILCS 5/3-6 (j) (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.

o   720 ILCS 5/3-5(a) – (“Sec. 3-5.  General Limitations. (a) A prosecution for:…child pornography under paragraph (1) of subsection (a) of Section 11-20.1 [720 ILCS 5/11-20.1], aggravated child pornography under paragraph (1) of subsection (a) of Section 11-20.1B [720 ILCS 5/11-20.1B (now repealed)], or (2) any offense involving sexual conduct or sexual penetration, as defined by Section 11-0.1 of this Code [720 ILCS 5/11-0.1] in which the DNA profile of the offender is obtained and entered into a DNA database within 10 years after the commission of the offense, may be commenced at any time. Clause (2) of this subsection (a) applies if either: (i) the victim reported the offense to law enforcement authorities within 3 years after the commission of the offense unless a longer period for reporting the offense to law enforcement authorities is provided in Section 3-6 [720 ILCS 5/3-6] or (ii) the victim is murdered during the course of the offense or within 2 years after the commission of the offense. ”)

2015 Pending Legislation

Updated August 16th, 2016.

HB 1127

HB1127 Engrossed LRB099 04973 RLC 25002 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 may be commenced at any time for:
9          (1) first degree murder, attempt to commit first
10     degree murder, second degree murder, involuntary
11     manslaughter, reckless homicide, leaving the scene of a
12     motor vehicle accident involving death or personal
13     injuries under Section 11-401 of the Illinois Vehicle Code,
14     failing to give information and render aid under Section
15     11-403 of the Illinois Vehicle Code, concealment of
16     homicidal death, treason, arson, residential arson,
17     aggravated arson, forgery, child pornography under
18     paragraph (1) of subsection (a) of Section 11-20.1,
19     aggravated child pornography under paragraph (1) of
20     subsection (a) of Section 11-20.1B; , or
21         (1.5) any of the following offenses under this Code,
22     when the victim is under 18 years of age at the time of the
23     offense:
HB1127 Engrossed – 2 – LRB099 04973 RLC 25002 b
1             (i) criminal sexual assault under Section 11-1.20;
2             (ii) aggravated criminal sexual assault under
3         Section 11-1.30;
4             (iii) predatory criminal sexual assault of a child
5         under Section 11-1.40;
6             (iv) criminal sexual abuse under subsection (a) of
7         Section 11-1.50; or
8             (v) aggravated criminal sexual abuse under Section
9         11-1.60; or
10         (2) any offense involving sexual conduct or sexual
11     penetration, as defined by Section 11-0.1 of this Code in
12     which the DNA profile of the offender is obtained and
13     entered into a DNA database within 10 years after the
14     commission of the offense, and , may be commenced at any
15     time. Clause (2) of this subsection (a) applies if either:
16     (i) the victim reported the offense to law enforcement
17     authorities within 3 years after the commission of the
18     offense unless a longer period for reporting the offense to
19     law enforcement authorities is provided in Section 3-6 or
20     (ii) the victim is murdered during the course of the
21     offense or within 2 years after the commission of the
22     offense.
23     (b) Unless the statute describing the offense provides
24 otherwise, or the period of limitation is extended by Section
25 3-6, a prosecution for any offense not designated in Subsection
26 (a) must be commenced within 3 years after the commission of
HB1127 Engrossed – 3 – LRB099 04973 RLC 25002 b
1 the offense if it is a felony, or within one year and 6 months
2 after its commission if it is a misdemeanor.
3 (Source: P.A. 98-265, eff. 1-1-14.)
4     (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
5     Sec. 3-6. Extended limitations. The period within which a
6 prosecution must be commenced under the provisions of Section
7 3-5 or other applicable statute is extended under the following
8 conditions:
9     (a) A prosecution for theft involving a breach of a
10 fiduciary obligation to the aggrieved person may be commenced
11 as follows:
12         (1) If the aggrieved person is a minor or a person
13     under legal disability, then during the minority or legal
14     disability or within one year after the termination
15     thereof.
16         (2) In any other instance, within one year after the
17     discovery of the offense by an aggrieved person, or by a
18     person who has legal capacity to represent an aggrieved
19     person or has a legal duty to report the offense, and is
20     not himself or herself a party to the offense; or in the
21     absence of such discovery, within one year after the proper
22     prosecuting officer becomes aware of the offense. However,
23     in no such case is the period of limitation so extended
24     more than 3 years beyond the expiration of the period
25     otherwise applicable.
HB1127 Engrossed – 4 – LRB099 04973 RLC 25002 b
1     (b) A prosecution for any offense based upon misconduct in
2 office by a public officer or employee may be commenced within
3 one year after discovery of the offense by a person having a
4 legal duty to report such offense, or in the absence of such
5 discovery, within one year after the proper prosecuting officer
6 becomes aware of the offense. However, in no such case is the
7 period of limitation so extended more than 3 years beyond the
8 expiration of the period otherwise applicable.
9     (b-5) When the victim is under 18 years of age at the time
10 of the offense, a prosecution for involuntary servitude,
11 involuntary sexual servitude of a minor, or trafficking in
12 persons and related offenses under Section 10-9 of this Code
13 may be commenced within one year of the victim attaining the
14 age of 18 years. However, in no such case shall the time period
15 for prosecution expire sooner than 3 years after the commission
16 of the offense.
17     (c) (Blank).
18     (d) A prosecution for child pornography, aggravated child
19 pornography, indecent solicitation of a child, soliciting for a
20 juvenile prostitute, juvenile pimping, exploitation of a
21 child, or promoting juvenile prostitution except for keeping a
22 place of juvenile prostitution may be commenced within one year
23 of the victim attaining the age of 18 years. However, in no
24 such case shall the time period for prosecution expire sooner
25 than 3 years after the commission of the offense. When the
26 victim is under 18 years of age, a prosecution for criminal
HB1127 Engrossed – 5 – LRB099 04973 RLC 25002 b
1 sexual abuse may be commenced within one year of the victim
2 attaining the age of 18 years. However, in no such case shall
3 the time period for prosecution expire sooner than 3 years
4 after the commission of the offense.
5     (e) Except as otherwise provided in subdivision (j), a
6 prosecution for any offense involving sexual conduct or sexual
7 penetration, as defined in Section 11-0.1 of this Code, where
8 the defendant was within a professional or fiduciary
9 relationship or a purported professional or fiduciary
10 relationship with the victim at the time of the commission of
11 the offense may be commenced within one year after the
12 discovery of the offense by the victim.
13     (f) A prosecution for any offense set forth in Section 44
14 of the "Environmental Protection Act", approved June 29, 1970,
15 as amended, may be commenced within 5 years after the discovery
16 of such an offense by a person or agency having the legal duty
17 to report the offense or in the absence of such discovery,
18 within 5 years after the proper prosecuting officer becomes
19 aware of the offense.
20     (f-5) A prosecution for any offense set forth in Section
21 16-30 of this Code may be commenced within 5 years after the
22 discovery of the offense by the victim of that offense.
23     (g) (Blank).
24     (h) (Blank).
25     (i) Except as otherwise provided in subdivision (j), a
26 prosecution for criminal sexual assault, aggravated criminal
HB1127 Engrossed – 6 – LRB099 04973 RLC 25002 b
1 sexual assault, or aggravated criminal sexual abuse may be
2 commenced within 10 years of the commission of the offense if
3 the victim reported the offense to law enforcement authorities
4 within 3 years after the commission of the offense.
5     Nothing in this subdivision (i) shall be construed to
6 shorten a period within which a prosecution must be commenced
7 under any other provision of this Section.
8     (i-5) A prosecution for armed robbery, home invasion,
9 kidnapping, or aggravated kidnaping may be commenced within 10
10 years of the commission of the offense if it arises out of the
11 same course of conduct and meets the criteria under one of the
12 offenses in subsection (i) of this Section.
13     (j) (1) (Blank). When the victim is under 18 years of age
14 at the time of the offense, a prosecution for criminal sexual
15 assault, aggravated criminal sexual assault, predatory
16 criminal sexual assault of a child, aggravated criminal sexual
17 abuse, or felony criminal sexual abuse may be commenced at any
18 time when corroborating physical evidence is available or an
19 individual who is required to report an alleged or suspected
20 commission of any of these offenses under the Abused and
21 Neglected Child Reporting Act fails to do so.
22     (2) In circumstances other than as described in paragraph
23 (1) of this subsection (j), when the victim is under 18 years
24 of age at the time of the offense, a prosecution for criminal
25 sexual assault, aggravated criminal sexual assault, predatory
26 criminal sexual assault of a child, aggravated criminal sexual
HB1127 Engrossed – 7 – LRB099 04973 RLC 25002 b
1 abuse, or felony criminal sexual abuse, or a prosecution for
2 failure of a person who is required to report an alleged or
3 suspected commission of any of the these offenses described in
4 clause (1.5) of subsection (a) of Section 3-5 of this Code
5 under the Abused and Neglected Child Reporting Act may be
6 commenced within 20 years after the child victim attains 18
7 years of age.
8     (3) When the victim is under 18 years of age at the time of
9 the offense, a prosecution for misdemeanor criminal sexual
10 abuse may be commenced within 10 years after the child victim
11 attains 18 years of age.
12     (4) 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     (j-5) A prosecution for armed robbery, home invasion,
16 kidnapping, or aggravated kidnaping may be commenced at any
17 time if it arises out of the same course of conduct and meets
18 the criteria under one of the offenses in subsection (j) of
19 this Section.
20     (k) A prosecution for theft involving real property
21 exceeding $100,000 in value under Section 16-1, identity theft
22 under subsection (a) of Section 16-30, aggravated identity
23 theft under subsection (b) of Section 16-30, or any offense set
24 forth in Article 16H or Section 17-10.6 may be commenced within
25 7 years of the last act committed in furtherance of the crime.
26     (l) A prosecution for any offense set forth in Section 26-4
HB1127 Engrossed – 8 – LRB099 04973 RLC 25002 b
1 of this Code may be commenced within one year after the
2 discovery of the offense by the victim of that offense.
3 (Source: P.A. 98-293, eff. 1-1-14; 98-379, eff. 1-1-14; 98-756,
4 eff. 7-16-14; 99-234, eff. 8-3-15.)

HB 1128

HB1128 Engrossed LRB099 04972 RLC 25001 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 may be commenced at any time for:
9          (1) first degree murder, attempt to commit first
10     degree murder, second degree murder, involuntary
11     manslaughter, reckless homicide, leaving the scene of a
12     motor vehicle accident involving death or personal
13     injuries under Section 11-401 of the Illinois Vehicle Code,
14     failing to give information and render aid under Section
15     11-403 of the Illinois Vehicle Code, concealment of
16     homicidal death, treason, arson, residential arson,
17     aggravated arson, forgery, child pornography under
18     paragraph (1) of subsection (a) of Section 11-20.1,
19     aggravated child pornography under paragraph (1) of
20     subsection (a) of Section 11-20.1B; , or
21         (1.5) any of the following offenses under this Code,
22     when the victim is under 18 years of age at the time of the
23     offense:
HB1128 Engrossed – 2 – LRB099 04972 RLC 25001 b
1             (i) involuntary servitude under subsection (b) of
2         Section 10-9;
3             (ii) involuntary sexual servitude of a minor under
4         subsection (c) of Section 10-9;
5             (iii) trafficking in persons under subsection (d)
6         of Section 10-9;
7             (iv) indecent solicitation of a child under
8         Section 11-6;
9             (v) indecent solicitation of an adult under
10         Section 11-6.5;
11             (vi) sexual exploitation of a child under Section
12         11-9.1;
13             (vii) permitting sexual abuse of a child under
14         Section 11-9.1A;
15             (viii) failure to report sexual abuse of a child
16         under Section 11-9.1B;
17             (ix) custodial sexual misconduct under Section
18         11-9.2;
19             (x) sexual misconduct with a person with a
20         disability under Section 11-9.5;
21             (xi) sexual relations within families under
22         Section 11-11;
23             (xii) solicitation of a sexual act under Section
24         11-14.1;
25             (xiii) promoting prostitution under Section
26         11-14.3;
HB1128 Engrossed – 3 – LRB099 04972 RLC 25001 b
1             (xiv) promoting juvenile prostitution under
2         Section 11-14.4;
3             (xv) patronizing a prostitute under Section 11-18;
4         or
5             (xvi) patronizing a minor engaged in prostitution
6         under Section 11-18.1; or
7         (2) any offense involving sexual conduct or sexual
8     penetration, as defined by Section 11-0.1 of this Code in
9     which the DNA profile of the offender is obtained and
10     entered into a DNA database within 10 years after the
11     commission of the offense and ,may be commenced at any
12     time. Clause (2) of this subsection (a) applies if either:
13     (i) the victim reported the offense to law enforcement
14     authorities within 3 years after the commission of the
15     offense unless a longer period for reporting the offense to
16     law enforcement authorities is provided in Section 3-6 or
17     (ii) the victim is murdered during the course of the
18     offense or within 2 years after the commission of the
19     offense.
20     (b) Unless the statute describing the offense provides
21 otherwise, or the period of limitation is extended by Section
22 3-6, a prosecution for any offense not designated in Subsection
23 (a) must be commenced within 3 years after the commission of
24 the offense if it is a felony, or within one year and 6 months
25 after its commission if it is a misdemeanor.
26 (Source: P.A. 98-265, eff. 1-1-14.)
HB1128 Engrossed – 4 – LRB099 04972 RLC 25001 b
1     (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
2     Sec. 3-6. Extended limitations. The period within which a
3 prosecution must be commenced under the provisions of Section
4 3-5 or other applicable statute is extended under the following
5 conditions:
6     (a) A prosecution for theft involving a breach of a
7 fiduciary obligation to the aggrieved person may be commenced
8 as follows:
9         (1) If the aggrieved person is a minor or a person
10     under legal disability, then during the minority or legal
11     disability or within one year after the termination
12     thereof.
13         (2) In any other instance, within one year after the
14     discovery of the offense by an aggrieved person, or by a
15     person who has legal capacity to represent an aggrieved
16     person or has a legal duty to report the offense, and is
17     not himself or herself a party to the offense; or in the
18     absence of such discovery, within one year after the proper
19     prosecuting officer becomes aware of the offense. However,
20     in no such case is the period of limitation so extended
21     more than 3 years beyond the expiration of the period
22     otherwise applicable.
23     (b) A prosecution for any offense based upon misconduct in
24 office by a public officer or employee may be commenced within
25 one year after discovery of the offense by a person having a
HB1128 Engrossed – 5 – LRB099 04972 RLC 25001 b
1 legal duty to report such offense, or in the absence of such
2 discovery, within one year after the proper prosecuting officer
3 becomes aware of the offense. However, in no such case is the
4 period of limitation so extended more than 3 years beyond the
5 expiration of the period otherwise applicable.
6     (b-5) (Blank). When the victim is under 18 years of age at
7 the time of the offense, a prosecution for involuntary
8 servitude, involuntary sexual servitude of a minor, or
9 trafficking in persons and related offenses under Section 10-9
10 of this Code may be commenced within one year of the victim
11 attaining the age of 18 years. However, in no such case shall
12 the time period for prosecution expire sooner than 3 years
13 after the commission of the offense.
14     (c) (Blank).
15     (d) A prosecution for child pornography or , aggravated
16 child pornography, indecent solicitation of a child,
17 soliciting for a juvenile prostitute, juvenile pimping,
18 exploitation of a child, or promoting juvenile prostitution
19 except for keeping a place of juvenile prostitution may be
20 commenced within one year of the victim attaining the age of 18
21 years. However, in no such case shall the time period for
22 prosecution expire sooner than 3 years after the commission of
23 the offense. When the victim is under 18 years of age, a
24 prosecution for criminal sexual abuse may be commenced within
25 one year of the victim attaining the age of 18 years. However,
26 in no such case shall the time period for prosecution expire
HB1128 Engrossed – 6 – LRB099 04972 RLC 25001 b
1 sooner than 3 years after the commission of the offense.
2     (e) Except as otherwise provided in subdivision (j), a
3 prosecution for any offense involving sexual conduct or sexual
4 penetration, as defined in Section 11-0.1 of this Code, where
5 the defendant was within a professional or fiduciary
6 relationship or a purported professional or fiduciary
7 relationship with the victim at the time of the commission of
8 the offense may be commenced within one year after the
9 discovery of the offense by the victim.
10     (f) A prosecution for any offense set forth in Section 44
11 of the "Environmental Protection Act", approved June 29, 1970,
12 as amended, may be commenced within 5 years after the discovery
13 of such an offense by a person or agency having the legal duty
14 to report the offense or in the absence of such discovery,
15 within 5 years after the proper prosecuting officer becomes
16 aware of the offense.
17     (f-5) A prosecution for any offense set forth in Section
18 16-30 of this Code may be commenced within 5 years after the
19 discovery of the offense by the victim of that offense.
20     (g) (Blank).
21     (h) (Blank).
22     (i) Except as otherwise provided in subdivision (j), a
23 prosecution for criminal sexual assault, aggravated criminal
24 sexual assault, or aggravated criminal sexual abuse may be
25 commenced within 10 years of the commission of the offense if
26 the victim reported the offense to law enforcement authorities
HB1128 Engrossed – 7 – LRB099 04972 RLC 25001 b
1 within 3 years after the commission of the offense.
2     Nothing in this subdivision (i) shall be construed to
3 shorten a period within which a prosecution must be commenced
4 under any other provision of this Section.
5     (i-5) A prosecution for armed robbery, home invasion,
6 kidnapping, or aggravated kidnaping may be commenced within 10
7 years of the commission of the offense if it arises out of the
8 same course of conduct and meets the criteria under one of the
9 offenses in subsection (i) of this Section.
10     (j) (1) When the victim is under 18 years of age at the
11 time of the offense, a prosecution for criminal sexual assault,
12 aggravated criminal sexual assault, predatory criminal sexual
13 assault of a child, aggravated criminal sexual abuse, or felony
14 criminal sexual abuse may be commenced at any time when
15 corroborating physical evidence is available or an individual
16 who is required to report an alleged or suspected commission of
17 any of these offenses under the Abused and Neglected Child
18 Reporting Act fails to do so.
19     (2) In circumstances other than as described in paragraph
20 (1) of this subsection (j), when the victim is under 18 years
21 of age at the time of the offense, a prosecution for criminal
22 sexual assault, aggravated criminal sexual assault, predatory
23 criminal sexual assault of a child, aggravated criminal sexual
24 abuse, or felony criminal sexual abuse, or a prosecution for
25 failure of a person who is required to report an alleged or
26 suspected commission of any of these offenses under the Abused
HB1128 Engrossed – 8 – LRB099 04972 RLC 25001 b
1 and Neglected Child Reporting Act may be commenced within 20
2 years after the child victim attains 18 years of age.
3     (3) When the victim is under 18 years of age at the time of
4 the offense, a prosecution for misdemeanor criminal sexual
5 abuse may be commenced within 10 years after the child victim
6 attains 18 years of age.
7     (4) Nothing in this subdivision (j) shall be construed to
8 shorten a period within which a prosecution must be commenced
9 under any other provision of this Section.
10     (j-5) A prosecution for armed robbery, home invasion,
11 kidnapping, or aggravated kidnaping may be commenced at any
12 time if it arises out of the same course of conduct and meets
13 the criteria under one of the offenses in subsection (j) of
14 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     (l) A prosecution for any offense set forth in Section 26-4
22 of this Code may be commenced within one year after the
23 discovery of the offense by the victim of that offense.
24 (Source: P.A. 98-293, eff. 1-1-14; 98-379, eff. 1-1-14; 98-756,
25 eff. 7-16-14; 99-234, eff. 8-3-15.)

HB 1129

HB1129 Engrossed LRB099 04971 RLC 25000 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 may be commenced at any time for:
9          (1) first degree murder, attempt to commit first
10     degree murder, second degree murder, involuntary
11     manslaughter, reckless homicide, leaving the scene of a
12     motor vehicle accident involving death or personal
13     injuries under Section 11-401 of the Illinois Vehicle Code,
14     failing to give information and render aid under Section
15     11-403 of the Illinois Vehicle Code, concealment of
16     homicidal death, treason, arson, residential arson,
17     aggravated arson, or forgery; , child pornography under
18     paragraph (1) of subsection (a) of Section 11-20.1,
19     aggravated child pornography under paragraph (1) of
20     subsection (a) of Section 11-20.1B, or
21         (1.5) any of the following offenses under this Code,
22     when the victim is under 18 years of age at the time of the
23     offense:
HB1129 Engrossed – 2 – LRB099 04971 RLC 25000 b
1             (i) solicitation to meet a child under Section
2         11-6.6;
3             (ii) child pornography under Section 11-20.1;
4             (iii) posting of identifying or graphic
5         information on a pornographic Internet site or
6         possessing graphic information with pornographic
7         material under Section 11-23;
8             (iv) non-consensual dissemination of private
9         sexual images under Section 11-23.5;
10             (v) grooming under Section 11-25; or
11             (vi) traveling to meet a minor under Section 11-26;
12         or
13         (2) any offense involving sexual conduct or sexual
14     penetration, as defined by Section 11-0.1 of this Code in
15     which the DNA profile of the offender is obtained and
16     entered into a DNA database within 10 years after the
17     commission of the offense, and may be commenced at any
18     time. Clause (2) of this subsection (a) applies if either:
19     (i) the victim reported the offense to law enforcement
20     authorities within 3 years after the commission of the
21     offense unless a longer period for reporting the offense to
22     law enforcement authorities is provided in Section 3-6 or
23     (ii) the victim is murdered during the course of the
24     offense or within 2 years after the commission of the
25     offense.
26     (b) Unless the statute describing the offense provides
HB1129 Engrossed – 3 – LRB099 04971 RLC 25000 b
1 otherwise, or the period of limitation is extended by Section
2 3-6, a prosecution for any offense not designated in Subsection
3 (a) must be commenced within 3 years after the commission of
4 the offense if it is a felony, or within one year and 6 months
5 after its commission if it is a misdemeanor.
6 (Source: P.A. 98-265, eff. 1-1-14.)
7     (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
8     Sec. 3-6. Extended limitations. The period within which a
9 prosecution must be commenced under the provisions of Section
10 3-5 or other applicable statute is extended under the following
11 conditions:
12     (a) A prosecution for theft involving a breach of a
13 fiduciary obligation to the aggrieved person may be commenced
14 as follows:
15         (1) If the aggrieved person is a minor or a person
16     under legal disability, then during the minority or legal
17     disability or within one year after the termination
18     thereof.
19         (2) In any other instance, within one year after the
20     discovery of the offense by an aggrieved person, or by a
21     person who has legal capacity to represent an aggrieved
22     person or has a legal duty to report the offense, and is
23     not himself or herself a party to the offense; or in the
24     absence of such discovery, within one year after the proper
25     prosecuting officer becomes aware of the offense. However,
HB1129 Engrossed – 4 – LRB099 04971 RLC 25000 b
1     in no such case is the period of limitation so extended
2     more than 3 years beyond the expiration of the period
3     otherwise applicable.
4     (b) A prosecution for any offense based upon misconduct in
5 office by a public officer or employee may be commenced within
6 one year after discovery of the offense by a person having a
7 legal duty to report such offense, or in the absence of such
8 discovery, within one year after the proper prosecuting officer
9 becomes aware of the offense. However, in no such case is the
10 period of limitation so extended more than 3 years beyond the
11 expiration of the period otherwise applicable.
12     (b-5) When the victim is under 18 years of age at the time
13 of the offense, a prosecution for involuntary servitude,
14 involuntary sexual servitude of a minor, or trafficking in
15 persons and related offenses under Section 10-9 of this Code
16 may be commenced within one year of the victim attaining the
17 age of 18 years. However, in no such case shall the time period
18 for prosecution expire sooner than 3 years after the commission
19 of the offense.
20     (c) (Blank).
21     (d) A prosecution for child pornography, aggravated child
22 pornography, indecent solicitation of a child, soliciting for a
23 juvenile prostitute, juvenile pimping, exploitation of a
24 child, or promoting juvenile prostitution except for keeping a
25 place of juvenile prostitution may be commenced within one year
26 of the victim attaining the age of 18 years. However, in no
HB1129 Engrossed – 5 – LRB099 04971 RLC 25000 b
1 such case shall the time period for prosecution expire sooner
2 than 3 years after the commission of the offense. When the
3 victim is under 18 years of age, a prosecution for criminal
4 sexual abuse may be commenced within one year of the victim
5 attaining the age of 18 years. However, in no such case shall
6 the time period for prosecution expire sooner than 3 years
7 after the commission of the offense.
8     (e) Except as otherwise provided in subdivision (j), a
9 prosecution for any offense involving sexual conduct or sexual
10 penetration, as defined in Section 11-0.1 of this Code, where
11 the defendant was within a professional or fiduciary
12 relationship or a purported professional or fiduciary
13 relationship with the victim at the time of the commission of
14 the offense may be commenced within one year after the
15 discovery of the offense by the victim.
16     (f) A prosecution for any offense set forth in Section 44
17 of the "Environmental Protection Act", approved June 29, 1970,
18 as amended, may be commenced within 5 years after the discovery
19 of such an offense by a person or agency having the legal duty
20 to report the offense or in the absence of such discovery,
21 within 5 years after the proper prosecuting officer becomes
22 aware of the offense.
23     (f-5) A prosecution for any offense set forth in Section
24 16-30 of this Code may be commenced within 5 years after the
25 discovery of the offense by the victim of that offense.
26     (g) (Blank).
HB1129 Engrossed – 6 – LRB099 04971 RLC 25000 b
1     (h) (Blank).
2     (i) Except as otherwise provided in subdivision (j), a
3 prosecution for criminal sexual assault, aggravated criminal
4 sexual assault, or aggravated criminal sexual abuse may be
5 commenced within 10 years of the commission of the offense if
6 the victim reported the offense to law enforcement authorities
7 within 3 years after the commission of the offense.
8     Nothing in this subdivision (i) shall be construed to
9 shorten a period within which a prosecution must be commenced
10 under any other provision of this Section.
11     (i-5) A prosecution for armed robbery, home invasion,
12 kidnapping, or aggravated kidnaping may be commenced within 10
13 years of the commission of the offense if it arises out of the
14 same course of conduct and meets the criteria under one of the
15 offenses in subsection (i) of this Section.
16     (j) (1) When the victim is under 18 years of age at the
17 time of the offense, a prosecution for criminal sexual assault,
18 aggravated criminal sexual assault, predatory criminal sexual
19 assault of a child, aggravated criminal sexual abuse, or felony
20 criminal sexual abuse may be commenced at any time when
21 corroborating physical evidence is available or an individual
22 who is required to report an alleged or suspected commission of
23 any of these offenses under the Abused and Neglected Child
24 Reporting Act fails to do so.
25     (2) In circumstances other than as described in paragraph
26 (1) of this subsection (j), when the victim is under 18 years
HB1129 Engrossed – 7 – LRB099 04971 RLC 25000 b
1 of age at the time of the offense, a prosecution for criminal
2 sexual assault, aggravated criminal sexual assault, predatory
3 criminal sexual assault of a child, aggravated criminal sexual
4 abuse, or felony criminal sexual abuse, or a prosecution for
5 failure of a person who is required to report an alleged or
6 suspected commission of any of these offenses under the Abused
7 and Neglected Child Reporting Act may be commenced within 20
8 years after the child victim attains 18 years of age.
9     (3) When the victim is under 18 years of age at the time of
10 the offense, a prosecution for misdemeanor criminal sexual
11 abuse may be commenced within 10 years after the child victim
12 attains 18 years of age.
13     (4) Nothing in this subdivision (j) shall be construed to
14 shorten a period within which a prosecution must be commenced
15 under any other provision of this Section.
16     (j-5) A prosecution for armed robbery, home invasion,
17 kidnapping, or aggravated kidnaping may be commenced at any
18 time if it arises out of the same course of conduct and meets
19 the criteria under one of the offenses in subsection (j) of
20 this Section.
21     (k) A prosecution for theft involving real property
22 exceeding $100,000 in value under Section 16-1, identity theft
23 under subsection (a) of Section 16-30, aggravated identity
24 theft under subsection (b) of Section 16-30, or any offense set
25 forth in Article 16H or Section 17-10.6 may be commenced within
26 7 years of the last act committed in furtherance of the crime.
HB1129 Engrossed – 8 – LRB099 04971 RLC 25000 b
1     (l) A prosecution for any offense set forth in Section 26-4
2 of this Code may be commenced within one year after the
3 discovery of the offense by the victim of that offense.
4 (Source: P.A. 98-293, eff. 1-1-14; 98-379, eff. 1-1-14; 98-756,
5 eff. 7-16-14; 99-234, eff. 8-3-15.)

Passed Bills: HB-1063 & SB-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.)

Previously Introduced Legislation

Professor Marci A. Hamilton Testimony

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