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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||
5 | Section 3-5 as follows:
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6 | (720 ILCS 5/3-5) (from Ch. 38, par. 3-5)
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7 | Sec. 3-5. General Limitations. | ||||||
8 | (a) A prosecution for: (1) first degree murder, attempt to | ||||||
9 | commit first
degree
murder, second degree murder,
involuntary | ||||||
10 | manslaughter, reckless homicide, leaving the scene of a motor | ||||||
11 | vehicle accident involving death or personal injuries under | ||||||
12 | Section 11-401 of the Illinois Vehicle Code, failing to give | ||||||
13 | information and render aid under Section 11-403 of the Illinois | ||||||
14 | Vehicle Code, aggravated driving under the influence of | ||||||
15 | alcohol,
other drug or drugs, or intoxicating compound or | ||||||
16 | compounds, or any combination
thereof involving a motor | ||||||
17 | vehicle, snowmobile, all-terrain vehicle, or watercraft
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18 | accident that resulted in
the death of another person, when the | ||||||
19 | violation was
a proximate cause of the death under subparagraph | ||||||
20 | (F) of paragraph (1) of subsection (d) of Section 11-501 of the | ||||||
21 | Illinois Vehicle Code, concealment of homicidal
death, | ||||||
22 | treason, arson, aggravated arson, forgery, or (2) any offense
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23 | involving sexual conduct or sexual penetration as defined by
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1 | Section 12-12 of this Code in which the DNA profile of the | ||||||
2 | offender is
obtained and entered into a DNA database within 10 | ||||||
3 | years after the commission
of the offense and the identity of | ||||||
4 | the offender is unknown after a diligent
investigation by law | ||||||
5 | enforcement authorities, may be commenced at any
time.
Clause | ||||||
6 | (2) of this subsection (a) applies if either: (i) the victim | ||||||
7 | reported the
offense to law enforcement authorities within 2 | ||||||
8 | years after the commission
of the offense unless a longer | ||||||
9 | period for reporting the offense to law
enforcement authorities
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10 | is provided in Section 3-6 or (ii) the victim is murdered | ||||||
11 | during the course of the offense or within 2 years after the | ||||||
12 | commission of the offense.
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13 | (b) Unless the statute describing the offense provides | ||||||
14 | otherwise, or the
period of limitation is extended by Section | ||||||
15 | 3-6, a prosecution for any
offense not designated in Subsection | ||||||
16 | (a) must be commenced within 3 years
after the commission of | ||||||
17 | the offense if it is a felony, or within one year
and 6 months | ||||||
18 | after its commission if it is a misdemeanor.
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19 | (Source: P.A. 93-834, eff. 7-29-04; 94-487, eff. 11-9-05; | ||||||
20 | 94-683, eff. 11-9-05.)
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21 | Section 99. Effective date. This Act takes effect upon | ||||||
22 | becoming law.
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