98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3011

 

Introduced , by Rep. Dennis M. Reboletti

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/3-5  from Ch. 38, par. 3-5

    Amends the Criminal Code of 2012. Provides that a prosecution for residential arson may be commenced at any time (rather than within 3 years after commission of the offense).


LRB098 08455 RLC 38562 b

 

 

A BILL FOR

 

HB3011LRB098 08455 RLC 38562 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 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
9commit first degree murder, second degree murder, involuntary
10manslaughter, reckless homicide, leaving the scene of a motor
11vehicle accident involving death or personal injuries under
12Section 11-401 of the Illinois Vehicle Code, failing to give
13information and render aid under Section 11-403 of the Illinois
14Vehicle Code, concealment of homicidal death, treason, arson,
15residential arson, aggravated arson, forgery, child
16pornography under paragraph (1) of subsection (a) of Section
1711-20.1, aggravated child pornography under paragraph (1) of
18subsection (a) of Section 11-20.1B, or (2) any offense
19involving sexual conduct or sexual penetration, as defined by
20Section 11-0.1 of this Code in which the DNA profile of the
21offender is obtained and entered into a DNA database within 10
22years after the commission of the offense, may be commenced at
23any time. Clause (2) of this subsection (a) applies if either:

 

 

HB3011- 2 -LRB098 08455 RLC 38562 b

1(i) the victim reported the offense to law enforcement
2authorities within 3 years after the commission of the offense
3unless a longer period for reporting the offense to law
4enforcement authorities is provided in Section 3-6 or (ii) the
5victim is murdered during the course of the offense or within 2
6years after the commission of the offense.
7    (b) Unless the statute describing the offense provides
8otherwise, or the period of limitation is extended by Section
93-6, a prosecution for any offense not designated in Subsection
10(a) must be commenced within 3 years after the commission of
11the offense if it is a felony, or within one year and 6 months
12after its commission if it is a misdemeanor.
13(Source: P.A. 95-899, eff. 1-1-09; 96-292, eff. 1-1-10;
1496-1551, eff. 7-1-11.)