|
|
|
|
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0457
Introduced 1/26/2005, by Rep. Bob Biggins SYNOPSIS AS INTRODUCED:
|
|
720 ILCS 5/3-5 |
from Ch. 38, par. 3-5 |
|
Amends the Criminal Code of 1961. Provides that a prosecution for identity theft or aggravated identity theft may be commenced at any time (rather than within one year and 6 months after the commission of the offense if it is misdemeanor identity theft and within 3 years after commission of the offense if it is felony identity theft or aggravated identity theft).
|
| |
|
|
|
|
A BILL FOR
|
|
|
|
|
HB0457 |
|
LRB094 06809 RLC 37175 b |
|
|
| 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 1961 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, concealment of homicidal
|
| 11 |
| death, treason, arson, aggravated arson, forgery, identity |
| 12 |
| theft, aggravated identity theft, or (2) any offense
involving |
| 13 |
| sexual conduct or sexual penetration as defined by
Section |
| 14 |
| 12-12 of this Code in which the DNA profile of the offender is
|
| 15 |
| obtained and entered into a DNA database within 10 years after |
| 16 |
| the commission
of the offense and the identity of the offender |
| 17 |
| is unknown after a diligent
investigation by law enforcement |
| 18 |
| authorities, may be commenced at any
time.
Clause (2) of this |
| 19 |
| subsection (a) applies if either: (i) the victim reported the
|
| 20 |
| offense to law enforcement authorities within 2 years after the |
| 21 |
| commission
of the offense unless a longer period for reporting |
| 22 |
| the offense to law
enforcement authorities
is provided in |
| 23 |
| Section 3-6 or (ii) the victim is murdered during the course of |
| 24 |
| the offense or within 2 years after the commission of the |
| 25 |
| offense.
|
| 26 |
| (b) Unless the statute describing the offense provides |
| 27 |
| otherwise, or the
period of limitation is extended by Section |
| 28 |
| 3-6, a prosecution for any
offense not designated in Subsection |
| 29 |
| (a) must be commenced within 3 years
after the commission of |
| 30 |
| the offense if it is a felony, or within one year
and 6 months |
| 31 |
| after its commission if it is a misdemeanor.
|
| 32 |
| (Source: P.A. 92-752, eff. 8-2-02; 93-834, eff. 7-29-04.)
|