101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3621

 

Introduced , by Rep. Jerry Costello, II

 

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 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).


LRB101 10225 SLF 55329 b

 

 

A BILL FOR

 

HB3621LRB101 10225 SLF 55329 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, a violation of subparagraph
11(F) of paragraph (1) of subsection (d) of Section 11-501 of the
12Illinois Vehicle Code for the offense of aggravated driving
13under the influence of alcohol, other drug or drugs, or
14intoxicating compound or compounds, or any combination thereof
15when the violation was a proximate cause of a death, leaving
16the scene of a motor vehicle accident involving death or
17personal injuries under Section 11-401 of the Illinois Vehicle
18Code, failing to give information and render aid under Section
1911-403 of the Illinois Vehicle Code, concealment of homicidal
20death, treason, arson, residential arson, aggravated arson,
21forgery, child pornography under paragraph (1) of subsection
22(a) of Section 11-20.1, or aggravated child pornography under
23paragraph (1) of subsection (a) of Section 11-20.1B, or (2) any

 

 

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1offense involving sexual conduct or sexual penetration, as
2defined by Section 11-0.1 of this Code in which the DNA profile
3of the offender is obtained and entered into a DNA database
4within 10 years after the commission of the offense, may be
5commenced at any time. Clause (2) of this subsection (a)
6applies if either: (i) the victim reported the offense to law
7enforcement authorities within 3 years after the commission of
8the offense unless a longer period for reporting the offense to
9law enforcement authorities is provided in Section 3-6 or (ii)
10the victim is murdered during the course of the offense or
11within 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
14subsection (a) of Section 16-30, aggravated identity theft
15under subsection (b) of Section 16-30, financial exploitation
16of an elderly person or a person with a disability under
17Section 17-56; or any offense set forth in Article 16H or
18Section 17-10.6 may be commenced within 7 years of the last act
19committed in furtherance of the crime.
20    (b) Unless the statute describing the offense provides
21otherwise, or the period of limitation is extended by Section
223-6, a prosecution for any offense not designated in subsection
23(a) or (a-5) must be commenced within one year 3 years after
24the discovery commission of the offense if it is a felony, or
25within one year and 6 months after the discovery of the offense
26its commission if it is a misdemeanor.

 

 

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1(Source: P.A. 99-820, eff. 8-15-16; 100-149, eff. 1-1-18;
2100-863, eff. 8-14-18.)