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HB 2602

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2025 Regular Session Introduced by Josh Cole

The bill removes time limits for prosecuting trafficking, involuntary servitude, and female genital mutilation offenses against minors after Jan 1, 2026, while adults remain within

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Bill Summary · HB 2602

Summary — HB 2602 (Public Act 104‑0241): Criminal Code — extended limitations for trafficking and related offenses

Status: Enacted (Public Act 104‑0241). Governor approved Aug 15, 2025; effective Jan 1, 2026. Introduced Feb 10, 2025.

Purpose
- Amend Section 3‑6 of the Illinois Criminal Code (720 ILCS 5/3‑6) to change the statute of limitations for prosecutions involving involuntary servitude, involuntary sexual servitude of a minor, trafficking in persons and related offenses (see Code §10‑9), and to clarify time limits for certain related offenses (including female genital mutilation).

Key provisions
- Removes the 25‑year limitation for offenses against minors arising on or after the Act’s effective date:
- New (b‑5)(2): When the victim was under 18 at the time of the offense, prosecutions for involuntary servitude, involuntary sexual servitude of a minor, trafficking in persons, and related offenses may be commenced at any time (i.e., no statute of limitations) — this no‑limit rule applies to prosecutions for conduct that arises on or after the Act’s effective date (Jan 1, 2026).
- The prior provision (b‑5)(1) remains: for minor victims a prosecution “may be commenced within 25 years of the victim attaining the age of 18 years” (this continues to govern prosecutions for conduct that predate the Act as described above).
- Adult victims: (b‑6) When the victim was 18 or older at the time of the offense, prosecutions for the same offenses may be commenced within 25 years after the commission of the offense.
- Female genital mutilation: (b‑7) When the victim was under 18 at the time of the offense, prosecution may be commenced at any time (no statute of limitations).
- The amendment is made within the broader “Extended limitations” provisions of Sec. 3‑6, which contain various separate statute‑of‑limitations rules for different offense categories; HB 2602’s substantive changes focus on trafficking/involuntary servitude and FGM time limits.

Who is affected
- Survivors/victims of trafficking, involuntary servitude, involuntary sexual servitude (particularly minors): expanded ability to seek prosecution for offenses occurring on or after Jan 1, 2026.
- Defendants and persons accused of these offenses: potential exposure to prosecution without time limit for qualifying offenses committed against minors on or after the effective date.
- Prosecutors, law enforcement, defense counsel, and courts: changes to charging windows and case‑assessment rules; charging documents and prosecutorial decisions will reflect the new timing rules and the Act’s limited retroactivity.

Procedural / timeline notes
- Effective date: January 1, 2026.
- The unlimited statute‑of‑limitations provision for minor victims applies only to prosecutions for conduct that arises on or after the effective date (i.e., it does not eliminate the previous 25‑year rule for all past offenses).
- Enactment: Passed both houses (May 22, 2025), sent to Governor (June 20, 2025), approved (Aug 15, 2025) — Public Act 104‑0241.

Implications
- Removes temporal barriers to prosecuting many trafficking and servitude offenses committed against minors after Jan 1, 2026, allowing prosecutions regardless of how long after the offense the crime is discovered.
- Retains a 25‑year filing window for offenses against adult victims.
- May increase the number of prosecutable historic cases (for qualifying post‑effective‑date conduct) and can affect charging strategy, evidence preservation, and defense practice; retroactivity is limited by the Act’s text.

Compiled from official sources — confirm details with the bill’s official record.

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