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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4063
Introduced 1/14/2004, by John A. Fritchey SYNOPSIS AS INTRODUCED:
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720 ILCS 5/3-5 |
from Ch. 38, par. 3-5 |
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Amends the Criminal Code of 1961 relating to the unlimited statute of limitations for an offense involving sexual conduct or sexual penetration 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 and the identity of the offender is unknown after a diligent investigation by law enforcement authorities. Eliminates the requirement that the victim must report the offense to law enforcement authorities within 2 years after the commission of the offense if the victim is murdered by the offender during the course of the offense. Effective immediately.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB4063 |
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LRB093 15199 RLC 40795 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing |
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| Section 3-5 as follows:
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| (720 ILCS 5/3-5) (from Ch. 38, par. 3-5)
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| Sec. 3-5. General Limitations.
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| (a) A prosecution for: (1) first degree murder, attempt to |
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| commit first
degree
murder, second degree murder,
involuntary |
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| manslaughter, reckless homicide, concealment of homicidal
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| death, treason, arson, aggravated arson, forgery, or (2) any |
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| offense
involving sexual conduct or sexual penetration as |
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| defined by
Section 12-12 of this Code in which the DNA profile |
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| of the offender is
obtained and entered into a DNA database |
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| within 10 years after the commission
of the offense and the |
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| identity of the offender is unknown after a diligent
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| investigation by law enforcement authorities, may be commenced |
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| at any
time.
Clause (2) of this subsection (a) applies only if |
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| either: (i) the victim reported the
offense to law enforcement |
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| authorities within 2 years after the commission
of the offense |
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| unless a longer period for reporting the offense to law
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| enforcement authorities
is provided in Section 3-6 or (ii) the |
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| victim is murdered by the offender during the course of the |
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| offense.
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| (b) Unless the statute describing the offense provides |
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| otherwise, or the
period of limitation is extended by Section |
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| 3-6, a prosecution for any
offense not designated in Subsection |
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| (a) must be commenced within 3 years
after the commission of |
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| the offense if it is a felony, or within one year
and 6 months |
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| after its commission if it is a misdemeanor.
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| (Source: P.A. 91-801, eff. 6-13-00; 92-752, eff. 8-2-02.)
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| Section 99. Effective date. This Act takes effect upon |