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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB1108
Introduced 02/08/05, by Rep. John J. Millner SYNOPSIS AS INTRODUCED:
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720 ILCS 5/3-5 |
from Ch. 38, par. 3-5 |
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Amends the Criminal Code of 1961. Includes the crime of identity theft and aggravated identity theft as offenses which prosecution may be commenced at any time.
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A BILL FOR
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HB1108 |
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LRB094 05977 RXD 36033 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing |
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| Section 3-5 as follows:
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| (720 ILCS 5/3-5) (from Ch. 38, par. 3-5)
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| Sec. 3-5. General Limitations. |
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| (a) A prosecution for: (1) first degree murder, attempt to |
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| commit first
degree
murder, second degree murder,
involuntary |
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| manslaughter, reckless homicide, concealment of homicidal
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| death, treason, arson, aggravated arson, forgery, identity |
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| theft, aggravated identity theft, or (2) any offense
involving |
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| sexual conduct or sexual penetration as defined by
Section |
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| 12-12 of this Code in which the DNA profile of the offender is
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| obtained and entered into a DNA database within 10 years after |
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| the commission
of the offense and the identity of the offender |
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| is unknown after a diligent
investigation by law enforcement |
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| authorities, may be commenced at any
time.
Clause (2) of this |
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| subsection (a) applies if either: (i) the victim reported the
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| offense to law enforcement authorities within 2 years after the |
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| commission
of the offense unless a longer period for reporting |
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| the offense to law
enforcement authorities
is provided in |
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| Section 3-6 or (ii) the victim is murdered during the course of |
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| the offense or within 2 years after the commission of the |
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| offense.
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| (b) Unless the statute describing the offense provides |
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| otherwise, or the
period of limitation is extended by Section |
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| 3-6, a prosecution for any
offense not designated in Subsection |
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| (a) must be commenced within 3 years
after the commission of |
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| the offense if it is a felony, or within one year
and 6 months |
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| after its commission if it is a misdemeanor.
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| (Source: P.A. 92-752, eff. 8-2-02; 93-834, eff. 7-29-04.)
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