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HB4406 |
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LRB095 16990 RLC 43038 b |
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| mentally
retarded.
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| (g) Delivers any firearm of a size which may be |
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| concealed upon the
person, incidental to a sale, without |
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| withholding delivery of such firearm
for at least 72 hours |
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| after application for its purchase has been made, or
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| delivers any rifle, shotgun or other long gun, or a stun |
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| gun or taser, incidental to a sale,
without withholding |
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| delivery of such rifle, shotgun or other long gun, or a |
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| stun gun or taser for
at least 24 hours after application |
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| for its purchase has been made.
However,
this paragraph (g) |
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| does not apply to: (1) the sale of a firearm
to a law |
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| enforcement officer if the seller of the firearm knows that |
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| the person to whom he or she is selling the firearm is a |
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| law enforcement officer or the sale of a firearm to a |
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| person who desires to purchase a firearm for
use in |
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| promoting the public interest incident to his or her |
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| employment as a
bank guard, armed truck guard, or other |
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| similar employment; (2) a mail
order sale of a firearm to a |
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| nonresident of Illinois under which the firearm
is mailed |
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| to a point outside the boundaries of Illinois; (3) the sale
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| of a firearm to a nonresident of Illinois while at a |
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| firearm showing or display
recognized by the Illinois |
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| Department of State Police; or (4) the sale of a
firearm to |
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| a dealer licensed as a federal firearms dealer under |
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| Section 923
of the federal Gun Control Act of 1968 (18 |
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| U.S.C. 923). For purposes of this paragraph (g), |
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HB4406 |
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LRB095 16990 RLC 43038 b |
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| "application" means when the buyer and seller reach an |
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| agreement to purchase a firearm.
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| (h) While holding any license
as a dealer,
importer, |
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| manufacturer or pawnbroker
under the federal Gun Control |
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| Act of 1968,
manufactures, sells or delivers to any |
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| unlicensed person a handgun having
a barrel, slide, frame |
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| or receiver which is a die casting of zinc alloy or
any |
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| other nonhomogeneous metal which will melt or deform at a |
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| temperature
of less than 800 degrees Fahrenheit. For |
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| purposes of this paragraph, (1)
"firearm" is defined as in |
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| the Firearm Owners Identification Card Act; and (2)
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| "handgun" is defined as a firearm designed to be held
and |
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| fired by the use of a single hand, and includes a |
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| combination of parts from
which such a firearm can be |
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| assembled.
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| (i) Sells or gives a firearm of any size to any person |
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| under 18 years of
age who does not possess a valid Firearm |
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| Owner's Identification Card.
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| (j) Sells or gives a firearm while engaged in the |
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| business of selling
firearms at wholesale or retail without |
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| being licensed as a federal firearms
dealer under Section |
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| 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). |
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| In this paragraph (j):
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| A person "engaged in the business" means a person who |
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| devotes time,
attention, and
labor to
engaging in the |
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| activity as a regular course of trade or business with the
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HB4406 |
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LRB095 16990 RLC 43038 b |
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| principal objective of livelihood and profit, but does not |
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| include a person who
makes occasional repairs of firearms |
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| or who occasionally fits special barrels,
stocks, or |
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| trigger mechanisms to firearms.
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| "With the principal objective of livelihood and |
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| profit" means that the
intent
underlying the sale or |
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| disposition of firearms is predominantly one of
obtaining |
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| livelihood and pecuniary gain, as opposed to other intents, |
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| such as
improving or liquidating a personal firearms |
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| collection; however, proof of
profit shall not be required |
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| as to a person who engages in the regular and
repetitive |
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| purchase and disposition of firearms for criminal purposes |
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| or
terrorism.
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| (k) Sells or transfers ownership of a firearm to a |
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| person who does not display to the seller or transferor of |
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| the firearm a currently valid Firearm Owner's |
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| Identification Card that has previously been issued in the |
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| transferee's name by the Department of State Police under |
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| the provisions of the Firearm Owners Identification Card |
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| Act. This paragraph (k) does not apply to the transfer of a |
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| firearm to a person who is exempt from the requirement of |
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| possessing a Firearm Owner's Identification Card under |
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| Section 2 of the Firearm Owners Identification Card Act. |
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| For the purposes of this Section, a currently valid Firearm |
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| Owner's Identification Card means (i) a Firearm Owner's |
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| Identification Card that has not expired or (ii) if the |
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HB4406 |
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LRB095 16990 RLC 43038 b |
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| transferor is licensed as a federal firearms dealer under |
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| Section 923 of the federal Gun Control Act of 1968 (18 |
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| U.S.C. 923), an approval number issued in accordance with |
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| Section 3.1 of the Firearm Owners Identification Card Act |
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| shall be proof that the Firearm Owner's Identification Card |
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| was valid. |
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| (B) Paragraph (h) of subsection (A) does not include |
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| firearms sold within 6
months after enactment of Public
Act |
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| 78-355 (approved August 21, 1973, effective October 1, 1973), |
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| nor is any
firearm legally owned or
possessed by any citizen or |
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| purchased by any citizen within 6 months after the
enactment of |
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| Public Act 78-355 subject
to confiscation or seizure under the |
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| provisions of that Public Act. Nothing in
Public Act 78-355 |
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| shall be construed to prohibit the gift or trade of
any firearm |
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| if that firearm was legally held or acquired within 6 months |
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| after
the enactment of that Public Act.
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| (C) Sentence.
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| (1) Any person convicted of unlawful sale of firearms |
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| in violation of
any of paragraphs (c) through (h) of |
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| subsection (A) commits a Class
4
felony.
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| (2) Any person convicted of unlawful sale of firearms |
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| in violation of
paragraph (b) or (i) of subsection (A) |
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| commits a Class 3 felony.
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| (3) Any person convicted of unlawful sale of firearms |
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| in violation of
paragraph (a) of subsection (A) commits a |
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| Class 2 felony.
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HB4406 |
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LRB095 16990 RLC 43038 b |
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| (4) Any person convicted of unlawful sale of firearms |
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| in violation of
paragraph (a), (b), or (i) of subsection |
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| (A) in any school, on the real
property comprising a |
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| school, within 1,000 feet of the real property comprising
a |
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| school, at a school related activity, or on or within 1,000 |
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| feet of any
conveyance owned, leased, or contracted by a |
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| school or school district to
transport students to or from |
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| school or a school related activity,
regardless of the time |
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| of day or time of year at which the offense
was committed, |
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| commits a Class 1 felony. Any person convicted of a second
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| or subsequent violation of unlawful sale of firearms in |
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| violation of paragraph
(a), (b), or (i) of subsection (A) |
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| in any school, on the real property
comprising a school, |
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| within 1,000 feet of the real property comprising a
school, |
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| at a school related activity, or on or within 1,000 feet of |
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| any
conveyance owned, leased, or contracted by a school or |
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| school district to
transport students to or from school or |
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| a school related activity,
regardless of the time of day or |
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| time of year at which the offense
was committed, commits a |
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| Class 1 felony for which the sentence shall be a
term of |
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| imprisonment of no less than 5 years and no more than 15 |
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| years.
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| (5) Any person convicted of unlawful sale of firearms |
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| in violation of
paragraph (a) or (i) of subsection (A) in |
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| residential property owned,
operated, or managed by a |
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| public housing agency or leased by a public housing
agency |
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HB4406 |
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LRB095 16990 RLC 43038 b |
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| as part of a scattered site or mixed-income development, in |
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| a public
park, in a
courthouse, on residential property |
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| owned, operated, or managed by a public
housing agency or |
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| leased by a public housing agency as part of a scattered |
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| site
or mixed-income development, on the real property |
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| comprising any public park,
on the real
property comprising |
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| any courthouse, or on any public way within 1,000 feet
of |
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| the real property comprising any public park, courthouse, |
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| or residential
property owned, operated, or managed by a |
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| public housing agency or leased by a
public housing agency |
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| as part of a scattered site or mixed-income development
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| commits a
Class 2 felony.
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| (6) Any person convicted of unlawful sale of firearms |
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| in violation of
paragraph (j) of subsection (A) commits a |
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| Class A misdemeanor. A second or
subsequent violation is a |
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| Class 4 felony. |
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| (7) Any person convicted of unlawful sale of firearms |
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| in violation of paragraph (k) of subsection (A) commits a |
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| Class 4 felony. A third or subsequent conviction for a |
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| violation of paragraph (k) of subsection (A) is a Class 1 |
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| felony.
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| (D) For purposes of this Section:
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| "School" means a public or private elementary or secondary |
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| school,
community college, college, or university.
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| "School related activity" means any sporting, social, |
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| academic, or
other activity for which students' attendance or |
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HB4406 |
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LRB095 16990 RLC 43038 b |
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| participation is sponsored,
organized, or funded in whole or in |
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| part by a school or school district.
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| (E) A prosecution for a violation of paragraph (k) of |
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| subsection (A) of this Section may be commenced within 6 years |
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| after the commission of the offense. A prosecution for a |
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| violation of this Section other than paragraph (g) of |
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| subsection (A) of this Section may be commenced within 5 years |
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| after the commission of the offense defined in the particular |
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| paragraph.
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| (Source: P.A. 94-6, eff. 1-1-06; 94-284, eff. 7-21-05; 95-331, |
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| eff. 8-21-07.)
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