Full Text of HB0482 99th General Assembly
HB0482 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB0482 Introduced , by Rep. Brandon W. Phelps SYNOPSIS AS INTRODUCED: |
| 430 ILCS 65/3 | from Ch. 38, par. 83-3 |
720 ILCS 5/24-3 | from Ch. 38, par. 24-3 |
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Amends the Firearm Owners Identification Card Act and the Criminal Code of 2012. Provides that a person may purchase a firearm or ammunition for a firearm by displaying to the transferor a currently valid license to carry a concealed firearm which has previously been issued in his or her name by the
Department of State Police under the Firearm Concealed Carry Act.
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| | A BILL FOR |
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| 1 | | AN ACT concerning firearms.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Firearm Owners Identification Card Act is | 5 | | amended by changing Section 3 as follows: | 6 | | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | 7 | | Sec. 3. (a) Except as provided in Section 3a, no person may | 8 | | knowingly
transfer, or cause to be transferred, any firearm, | 9 | | firearm ammunition, stun gun, or taser to any person within | 10 | | this State unless the
transferee with whom he deals displays | 11 | | either: (1) a currently valid Firearm Owner's
Identification | 12 | | Card which has previously been issued in his or her name by the
| 13 | | Department of State Police under the provisions of this Act ; or | 14 | | (2) a currently valid license to carry a concealed firearm | 15 | | which has previously been issued in his or her name by the
| 16 | | Department of State Police under the Firearm Concealed Carry | 17 | | Act . In addition,
all firearm, stun gun, and taser transfers by | 18 | | federally licensed firearm dealers are subject
to Section 3.1. | 19 | | (a-5) Any person who is not a federally licensed firearm | 20 | | dealer and who desires to transfer or sell a firearm while that | 21 | | person is on the grounds of a gun show must, before selling or | 22 | | transferring the firearm, request the Department of State | 23 | | Police to conduct a background check on the prospective |
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| 1 | | recipient of the firearm in accordance with Section 3.1.
| 2 | | (a-10) Any person who is not a federally licensed firearm | 3 | | dealer and who desires to transfer or sell a firearm or | 4 | | firearms to any person who is not a federally licensed firearm | 5 | | dealer shall, before selling or transferring the firearms, | 6 | | contact the Department of State Police with the transferee's or | 7 | | purchaser's Firearm Owner's Identification Card number to | 8 | | determine the validity of the transferee's or purchaser's | 9 | | Firearm Owner's Identification Card. This subsection shall not | 10 | | be effective until January 1, 2014. The Department of State | 11 | | Police may adopt rules concerning the implementation of this | 12 | | subsection. The Department of State Police shall provide the | 13 | | seller or transferor an approval number if the purchaser's | 14 | | Firearm Owner's Identification Card is valid. Approvals issued | 15 | | by the Department for the purchase of a firearm pursuant to | 16 | | this subsection are valid for 30 days from the date of issue. | 17 | | (a-15) The provisions of subsection (a-10) of this Section | 18 | | do not apply to: | 19 | | (1) transfers that occur at the place of business of a | 20 | | federally licensed firearm dealer, if the federally | 21 | | licensed firearm dealer conducts a background check on the | 22 | | prospective recipient of the firearm in accordance with | 23 | | Section 3.1 of this Act and follows all other applicable | 24 | | federal, State, and local laws as if he or she were the | 25 | | seller or transferor of the firearm, although the dealer is | 26 | | not required to accept the firearm into his or her |
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| 1 | | inventory. The purchaser or transferee may be required by | 2 | | the federally licensed firearm dealer to pay a fee not to | 3 | | exceed $10 per firearm, which the dealer may retain as | 4 | | compensation for performing the functions required under | 5 | | this paragraph, plus the applicable fees authorized by | 6 | | Section 3.1; | 7 | | (2) transfers as a bona fide gift to the transferor's | 8 | | husband, wife, son, daughter, stepson, stepdaughter, | 9 | | father, mother, stepfather, stepmother, brother, sister, | 10 | | nephew, niece, uncle, aunt, grandfather, grandmother, | 11 | | grandson, granddaughter, father-in-law, mother-in-law, | 12 | | son-in-law, or daughter-in-law; | 13 | | (3) transfers by persons acting pursuant to operation | 14 | | of law or a court order; | 15 | | (4) transfers on the grounds of a gun show under | 16 | | subsection (a-5) of this Section; | 17 | | (5) the delivery of a firearm by its owner to a | 18 | | gunsmith for service or repair, the return of the firearm | 19 | | to its owner by the gunsmith, or the delivery of a firearm | 20 | | by a gunsmith to a federally licensed firearms dealer for | 21 | | service or repair and the return of the firearm to the | 22 | | gunsmith; | 23 | | (6) temporary transfers that occur while in the home of | 24 | | the unlicensed transferee, if the unlicensed transferee is | 25 | | not otherwise prohibited from possessing firearms and the | 26 | | unlicensed transferee reasonably believes that possession |
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| 1 | | of the firearm is necessary to prevent imminent death or | 2 | | great bodily harm to the unlicensed transferee; | 3 | | (7) transfers to a law enforcement or corrections | 4 | | agency or a law enforcement or corrections officer acting | 5 | | within the course and scope of his or her official duties; | 6 | | (8) transfers of firearms that have been rendered | 7 | | permanently inoperable to a nonprofit historical society, | 8 | | museum, or institutional collection; and | 9 | | (9) transfers to a person who is exempt from the | 10 | | requirement of possessing a Firearm Owner's Identification | 11 | | Card under Section 2 of this Act. | 12 | | (a-20) The Department of State Police shall develop an | 13 | | Internet-based system for individuals to determine the | 14 | | validity of a Firearm Owner's Identification Card prior to the | 15 | | sale or transfer of a firearm. The Department shall have the | 16 | | Internet-based system completed and available for use by July | 17 | | 1, 2015. The Department shall adopt rules not inconsistent with | 18 | | this Section to implement this system. | 19 | | (b) Any person within this State who transfers or causes to | 20 | | be
transferred any firearm, stun gun, or taser shall keep a | 21 | | record of such transfer for a period
of 10 years from the date | 22 | | of transfer. Such record shall contain the date
of the | 23 | | transfer; the description, serial number or other information
| 24 | | identifying the firearm, stun gun, or taser if no serial number | 25 | | is available; and, if the
transfer was completed within this | 26 | | State, the transferee's Firearm Owner's
Identification Card |
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| 1 | | number and any approval number or documentation provided by the | 2 | | Department of State Police pursuant to subsection (a-10) of | 3 | | this Section. On or after January 1, 2006, the record shall | 4 | | contain the date of application for transfer of the firearm. On | 5 | | demand of a peace officer such transferor
shall produce for | 6 | | inspection such record of transfer. If the transfer or sale | 7 | | took place at a gun show, the record shall include the unique | 8 | | identification number. Failure to record the unique | 9 | | identification number or approval number is a petty offense.
| 10 | | (b-5) Any resident may purchase ammunition from a person | 11 | | within or outside of Illinois if shipment is by United States | 12 | | mail or by a private express carrier authorized by federal law | 13 | | to ship ammunition. Any resident purchasing ammunition within | 14 | | or outside the State of Illinois must provide the seller with a | 15 | | copy of his or her valid Firearm Owner's Identification Card or | 16 | | valid concealed carry license and either his or her Illinois | 17 | | driver's license or Illinois State Identification Card prior to | 18 | | the shipment of the ammunition. The ammunition may be shipped | 19 | | only to an address on either of those 2 documents. | 20 | | (c) The provisions of this Section regarding the transfer | 21 | | of firearm
ammunition shall not apply to those persons | 22 | | specified in paragraph (b) of
Section 2 of this Act. | 23 | | (Source: P.A. 97-1135, eff. 12-4-12; 98-508, eff. 8-19-13.) | 24 | | Section 10. The Criminal Code of 2012 is amended by | 25 | | changing Section 24-3 as follows:
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| 1 | | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| 2 | | Sec. 24-3. Unlawful sale or delivery of firearms.
| 3 | | (A) A person commits the offense of unlawful sale or | 4 | | delivery of firearms when he
or she knowingly does any of the | 5 | | following:
| 6 | | (a) Sells or gives any firearm of a size which may be | 7 | | concealed upon the
person to any person under 18 years of | 8 | | age.
| 9 | | (b) Sells or gives any firearm to a person under 21 | 10 | | years of age who has
been convicted of a misdemeanor other | 11 | | than a traffic offense or adjudged
delinquent.
| 12 | | (c) Sells or gives any firearm to any narcotic addict.
| 13 | | (d) Sells or gives any firearm to any person who has | 14 | | been convicted of a
felony under the laws of this or any | 15 | | other jurisdiction.
| 16 | | (e) Sells or gives any firearm to any person who has | 17 | | been a patient in a
mental institution within the past 5 | 18 | | years. In this subsection (e): | 19 | | "Mental institution" means any hospital, | 20 | | institution, clinic, evaluation facility, mental | 21 | | health center, or part thereof, which is used primarily | 22 | | for the care or treatment of persons with mental | 23 | | illness. | 24 | | "Patient in a mental institution" means the person | 25 | | was admitted, either voluntarily or involuntarily, to |
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| 1 | | a mental institution for mental health treatment, | 2 | | unless the treatment was voluntary and solely for an | 3 | | alcohol abuse disorder and no other secondary | 4 | | substance abuse disorder or mental illness.
| 5 | | (f) Sells or gives any firearms to any person who is | 6 | | intellectually disabled.
| 7 | | (g) Delivers any firearm of a size which may be | 8 | | concealed upon the
person, incidental to a sale, without | 9 | | withholding delivery of such firearm
for at least 72 hours | 10 | | after application for its purchase has been made, or
| 11 | | delivers any rifle, shotgun or other long gun, or a stun | 12 | | gun or taser, incidental to a sale,
without withholding | 13 | | delivery of such rifle, shotgun or other long gun, or a | 14 | | stun gun or taser for
at least 24 hours after application | 15 | | for its purchase has been made.
However,
this paragraph (g) | 16 | | does not apply to: (1) the sale of a firearm
to a law | 17 | | enforcement officer if the seller of the firearm knows that | 18 | | the person to whom he or she is selling the firearm is a | 19 | | law enforcement officer or the sale of a firearm to a | 20 | | person who desires to purchase a firearm for
use in | 21 | | promoting the public interest incident to his or her | 22 | | employment as a
bank guard, armed truck guard, or other | 23 | | similar employment; (2) a mail
order sale of a firearm to a | 24 | | nonresident of Illinois under which the firearm
is mailed | 25 | | to a point outside the boundaries of Illinois; (3) the sale
| 26 | | of a firearm to a nonresident of Illinois while at a |
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| 1 | | firearm showing or display
recognized by the Illinois | 2 | | Department of State Police; or (4) the sale of a
firearm to | 3 | | a dealer licensed as a federal firearms dealer under | 4 | | Section 923
of the federal Gun Control Act of 1968 (18 | 5 | | U.S.C. 923). For purposes of this paragraph (g), | 6 | | "application" means when the buyer and seller reach an | 7 | | agreement to purchase a firearm.
| 8 | | (h) While holding any license
as a dealer,
importer, | 9 | | manufacturer or pawnbroker
under the federal Gun Control | 10 | | Act of 1968,
manufactures, sells or delivers to any | 11 | | unlicensed person a handgun having
a barrel, slide, frame | 12 | | or receiver which is a die casting of zinc alloy or
any | 13 | | other nonhomogeneous metal which will melt or deform at a | 14 | | temperature
of less than 800 degrees Fahrenheit. For | 15 | | purposes of this paragraph, (1)
"firearm" is defined as in | 16 | | the Firearm Owners Identification Card Act; and (2)
| 17 | | "handgun" is defined as a firearm designed to be held
and | 18 | | fired by the use of a single hand, and includes a | 19 | | combination of parts from
which such a firearm can be | 20 | | assembled.
| 21 | | (i) Sells or gives a firearm of any size to any person | 22 | | under 18 years of
age who does not possess a valid Firearm | 23 | | Owner's Identification Card.
| 24 | | (j) Sells or gives a firearm while engaged in the | 25 | | business of selling
firearms at wholesale or retail without | 26 | | being licensed as a federal firearms
dealer under Section |
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| 1 | | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | 2 | | In this paragraph (j):
| 3 | | A person "engaged in the business" means a person who | 4 | | devotes time,
attention, and
labor to
engaging in the | 5 | | activity as a regular course of trade or business with the
| 6 | | principal objective of livelihood and profit, but does not | 7 | | include a person who
makes occasional repairs of firearms | 8 | | or who occasionally fits special barrels,
stocks, or | 9 | | trigger mechanisms to firearms.
| 10 | | "With the principal objective of livelihood and | 11 | | profit" means that the
intent
underlying the sale or | 12 | | disposition of firearms is predominantly one of
obtaining | 13 | | livelihood and pecuniary gain, as opposed to other intents, | 14 | | such as
improving or liquidating a personal firearms | 15 | | collection; however, proof of
profit shall not be required | 16 | | as to a person who engages in the regular and
repetitive | 17 | | purchase and disposition of firearms for criminal purposes | 18 | | or
terrorism.
| 19 | | (k) Sells or transfers ownership of a firearm to a | 20 | | person who does not display to the seller or transferor of | 21 | | the firearm either: (1) a currently valid Firearm Owner's | 22 | | Identification Card that has previously been issued in the | 23 | | transferee's name by the Department of State Police under | 24 | | the provisions of the Firearm Owners Identification Card | 25 | | Act ; or (2) a currently valid license to carry a concealed | 26 | | firearm that has previously been issued in the transferee's |
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| 1 | | name by the
Department of State Police under the Firearm | 2 | | Concealed Carry Act . This paragraph (k) does not apply to | 3 | | the transfer of a firearm to a person who is exempt from | 4 | | the requirement of possessing a Firearm Owner's | 5 | | Identification Card under Section 2 of the Firearm Owners | 6 | | Identification Card Act. For the purposes of this Section, | 7 | | a currently valid Firearm Owner's Identification Card | 8 | | means (i) a Firearm Owner's Identification Card that has | 9 | | not expired or (ii) an approval number issued in accordance | 10 | | with subsection (a-10) of subsection 3 or Section 3.1 of | 11 | | the Firearm Owners Identification Card Act shall be proof | 12 | | that the Firearm Owner's Identification Card was valid. | 13 | | (1) In addition to the other requirements of this | 14 | | paragraph (k), all persons who are not federally | 15 | | licensed firearms dealers must also have complied with | 16 | | subsection (a-10) of Section 3 of the Firearm Owners | 17 | | Identification Card Act by determining the validity of | 18 | | a purchaser's Firearm Owner's Identification Card. | 19 | | (2) All sellers or transferors who have complied | 20 | | with the requirements of subparagraph (1) of this | 21 | | paragraph (k) shall not be liable for damages in any | 22 | | civil action arising from the use or misuse by the | 23 | | transferee of the firearm transferred, except for | 24 | | willful or wanton misconduct on the part of the seller | 25 | | or transferor. | 26 | | (l) Not
being entitled to the possession of a firearm, |
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| 1 | | delivers the
firearm, knowing it to have been stolen or | 2 | | converted. It may be inferred that
a person who possesses a | 3 | | firearm with knowledge that its serial number has
been | 4 | | removed or altered has knowledge that the firearm is stolen | 5 | | or converted. | 6 | | (B) Paragraph (h) of subsection (A) does not include | 7 | | firearms sold within 6
months after enactment of Public
Act | 8 | | 78-355 (approved August 21, 1973, effective October 1, 1973), | 9 | | nor is any
firearm legally owned or
possessed by any citizen or | 10 | | purchased by any citizen within 6 months after the
enactment of | 11 | | Public Act 78-355 subject
to confiscation or seizure under the | 12 | | provisions of that Public Act. Nothing in
Public Act 78-355 | 13 | | shall be construed to prohibit the gift or trade of
any firearm | 14 | | if that firearm was legally held or acquired within 6 months | 15 | | after
the enactment of that Public Act.
| 16 | | (C) Sentence.
| 17 | | (1) Any person convicted of unlawful sale or delivery | 18 | | of firearms in violation of
paragraph (c), (e), (f), (g), | 19 | | or (h) of subsection (A) commits a Class
4
felony.
| 20 | | (2) Any person convicted of unlawful sale or delivery | 21 | | of firearms in violation of
paragraph (b) or (i) of | 22 | | subsection (A) commits a Class 3 felony.
| 23 | | (3) Any person convicted of unlawful sale or delivery | 24 | | of firearms in violation of
paragraph (a) of subsection (A) | 25 | | commits a Class 2 felony.
| 26 | | (4) Any person convicted of unlawful sale or delivery |
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| 1 | | of firearms in violation of
paragraph (a), (b), or (i) of | 2 | | subsection (A) in any school, on the real
property | 3 | | comprising a school, within 1,000 feet of the real property | 4 | | comprising
a school, at a school related activity, or on or | 5 | | within 1,000 feet of any
conveyance owned, leased, or | 6 | | contracted by a school or school district to
transport | 7 | | students to or from school or a school related activity,
| 8 | | regardless of the time of day or time of year at which the | 9 | | offense
was committed, commits a Class 1 felony. Any person | 10 | | convicted of a second
or subsequent violation of unlawful | 11 | | sale or delivery of firearms in violation of paragraph
(a), | 12 | | (b), or (i) of subsection (A) in any school, on the real | 13 | | property
comprising a school, within 1,000 feet of the real | 14 | | property comprising a
school, at a school related activity, | 15 | | or on or within 1,000 feet of any
conveyance owned, leased, | 16 | | or contracted by a school or school district to
transport | 17 | | students to or from school or a school related activity,
| 18 | | regardless of the time of day or time of year at which the | 19 | | offense
was committed, commits a Class 1 felony for which | 20 | | the sentence shall be a
term of imprisonment of no less | 21 | | than 5 years and no more than 15 years.
| 22 | | (5) Any person convicted of unlawful sale or delivery | 23 | | of firearms in violation of
paragraph (a) or (i) of | 24 | | subsection (A) in residential property owned,
operated, or | 25 | | managed by a public housing agency or leased by a public | 26 | | housing
agency as part of a scattered site or mixed-income |
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| 1 | | development, in a public
park, in a
courthouse, on | 2 | | residential property owned, operated, or managed by a | 3 | | public
housing agency or leased by a public housing agency | 4 | | as part of a scattered site
or mixed-income development, on | 5 | | the real property comprising any public park,
on the real
| 6 | | property comprising any courthouse, or on any public way | 7 | | within 1,000 feet
of the real property comprising any | 8 | | public park, courthouse, or residential
property owned, | 9 | | operated, or managed by a public housing agency or leased | 10 | | by a
public housing agency as part of a scattered site or | 11 | | mixed-income development
commits a
Class 2 felony.
| 12 | | (6) Any person convicted of unlawful sale or delivery | 13 | | of firearms in violation of
paragraph (j) of subsection (A) | 14 | | commits a Class A misdemeanor. A second or
subsequent | 15 | | violation is a Class 4 felony. | 16 | | (7) Any person convicted of unlawful sale or delivery | 17 | | of firearms in violation of paragraph (k) of subsection (A) | 18 | | commits a Class 4 felony, except that a violation of | 19 | | subparagraph (1) of paragraph (k) of subsection (A) shall | 20 | | not be punishable as a crime or petty offense. A third or | 21 | | subsequent conviction for a violation of paragraph (k) of | 22 | | subsection (A) is a Class 1 felony.
| 23 | | (8) A person 18 years of age or older convicted of | 24 | | unlawful sale or delivery of firearms in violation of | 25 | | paragraph (a) or (i) of subsection (A), when the firearm | 26 | | that was sold or given to another person under 18 years of |
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| 1 | | age was used in the commission of or attempt to commit a | 2 | | forcible felony, shall be fined or imprisoned, or both, not | 3 | | to exceed the maximum provided for the most serious | 4 | | forcible felony so committed or attempted by the person | 5 | | under 18 years of age who was sold or given the firearm. | 6 | | (9) Any person convicted of unlawful sale or delivery | 7 | | of firearms in violation of
paragraph (d) of subsection (A) | 8 | | commits a Class 3 felony. | 9 | | (10) Any person convicted of unlawful sale or delivery | 10 | | of firearms in violation of paragraph (l) of subsection (A) | 11 | | commits a Class 2 felony if the delivery is of one firearm. | 12 | | Any person convicted of unlawful sale or delivery of | 13 | | firearms in violation of paragraph (l) of subsection (A) | 14 | | commits a Class 1 felony if the delivery is of not less | 15 | | than 2 and not more than 5 firearms at the
same time or | 16 | | within a one year period. Any person convicted of unlawful | 17 | | sale or delivery of firearms in violation of paragraph (l) | 18 | | of subsection (A) commits a Class X felony for which he or | 19 | | she shall be sentenced
to a term of imprisonment of not | 20 | | less than 6 years and not more than 30
years if the | 21 | | delivery is of not less than 6 and not more than 10 | 22 | | firearms at the
same time or within a 2 year period. Any | 23 | | person convicted of unlawful sale or delivery of firearms | 24 | | in violation of paragraph (l) of subsection (A) commits a | 25 | | Class X felony for which he or she shall be sentenced
to a | 26 | | term of imprisonment of not less than 6 years and not more |
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| 1 | | than 40
years if the delivery is of not less than 11 and | 2 | | not more than 20 firearms at the
same time or within a 3 | 3 | | year period. Any person convicted of unlawful sale or | 4 | | delivery of firearms in violation of paragraph (l) of | 5 | | subsection (A) commits a Class X felony for which he or she | 6 | | shall be sentenced
to a term of imprisonment of not less | 7 | | than 6 years and not more than 50
years if the delivery is | 8 | | of not less than 21 and not more than 30 firearms at the
| 9 | | same time or within a 4 year period. Any person convicted | 10 | | of unlawful sale or delivery of firearms in violation of | 11 | | paragraph (l) of subsection (A) commits a Class X felony | 12 | | for which he or she shall be sentenced
to a term of | 13 | | imprisonment of not less than 6 years and not more than 60
| 14 | | years if the delivery is of 31 or more firearms at the
same | 15 | | time or within a 5 year period. | 16 | | (D) For purposes of this Section:
| 17 | | "School" means a public or private elementary or secondary | 18 | | school,
community college, college, or university.
| 19 | | "School related activity" means any sporting, social, | 20 | | academic, or
other activity for which students' attendance or | 21 | | participation is sponsored,
organized, or funded in whole or in | 22 | | part by a school or school district.
| 23 | | (E) A prosecution for a violation of paragraph (k) of | 24 | | subsection (A) of this Section may be commenced within 6 years | 25 | | after the commission of the offense. A prosecution for a | 26 | | violation of this Section other than paragraph (g) of |
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| 1 | | subsection (A) of this Section may be commenced within 5 years | 2 | | after the commission of the offense defined in the particular | 3 | | paragraph.
| 4 | | (Source: P.A. 97-227, eff. 1-1-12; 97-347, eff. 1-1-12; 97-813, | 5 | | eff. 7-13-12; 97-1167, eff. 6-1-13; 98-508, eff. 8-19-13.)
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