Full Text of HB3621 101st General Assembly
HB3621 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB3621 Introduced , by Rep. Jerry Costello, II 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 2012. Provides that a prosecution for any
offense not designated by law to have an extended statute of limitations must be commenced within one year after the discovery of the offense if it is a felony (rather than 3 years after the commission of the offense), or within 6 months after the discovery of the offense if it is a misdemeanor (rather than one year and 6 months after the commission of the offense).
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| | A BILL FOR |
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| | | HB3621 | | LRB101 10225 SLF 55329 b |
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| 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 | | Section 3-5 as follows:
| 6 | | (720 ILCS 5/3-5) (from Ch. 38, par. 3-5)
| 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, a violation of subparagraph | 11 | | (F) of paragraph (1) of subsection (d) of Section 11-501 of the | 12 | | Illinois Vehicle Code for the offense of aggravated driving | 13 | | under the influence of alcohol, other drug or drugs, or | 14 | | intoxicating compound or compounds, or any combination thereof | 15 | | when the violation was a proximate cause of a death, leaving | 16 | | the scene of a motor vehicle accident involving death or | 17 | | personal injuries under Section 11-401 of the Illinois Vehicle | 18 | | Code, failing to give information and render aid under Section | 19 | | 11-403 of the Illinois Vehicle Code, concealment of homicidal
| 20 | | death, treason, arson, residential arson, aggravated arson, | 21 | | forgery, child pornography under paragraph (1) of subsection | 22 | | (a) of Section 11-20.1, or aggravated child pornography under | 23 | | paragraph (1) of subsection (a) of Section 11-20.1B, or (2) any |
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| 1 | | offense
involving sexual conduct or sexual penetration, as | 2 | | defined by
Section 11-0.1 of this Code in which the DNA profile | 3 | | of the offender is
obtained and entered into a DNA database | 4 | | within 10 years after the commission
of the offense, may be | 5 | | commenced at any
time.
Clause (2) of this subsection (a) | 6 | | applies if either: (i) the victim reported the
offense to law | 7 | | enforcement authorities within 3 years after the commission
of | 8 | | the offense unless a longer period for reporting the offense to | 9 | | law
enforcement authorities
is provided in Section 3-6 or (ii) | 10 | | the victim is murdered during the course of the offense or | 11 | | within 2 years after the commission of the offense.
| 12 | | (a-5) A prosecution for theft of property exceeding | 13 | | $100,000 in value under Section 16-1, identity theft under | 14 | | subsection (a) of Section 16-30, aggravated identity theft | 15 | | under subsection (b) of Section 16-30, financial exploitation | 16 | | of an elderly person or a person with a disability under | 17 | | Section 17-56; or any offense set forth in Article 16H or | 18 | | Section 17-10.6 may be commenced within 7 years of the last act | 19 | | committed in furtherance of the crime. | 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) or (a-5) must be commenced within one year 3 years
after | 24 | | the discovery commission of the offense if it is a felony, or | 25 | | within one year
and 6 months after the discovery of the offense | 26 | | its commission if it is a misdemeanor.
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| | | HB3621 | - 3 - | LRB101 10225 SLF 55329 b |
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| 1 | | (Source: P.A. 99-820, eff. 8-15-16; 100-149, eff. 1-1-18; | 2 | | 100-863, eff. 8-14-18.)
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