95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1887


 
Introduced 1/10/2008, by Sen. William R. Haine
 
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 any offense
involving sexual conduct or sexual penetration in which the DNA profile of the offender is
obtained and entered into a DNA database within 10 years after the commission
of the offense may be commenced at any
time.  Eliminates the requirement that the identity of the offender is unknown after a diligent investigation by law enforcement authorities.  Provides that the victim must report the offense to law enforcement authorities within 3 (rather than 2) years after the commission of the offense unless a longer period for reporting the offense to law enforcement authorities is provided by law.
















LRB095 15992 RLC 42005 b

















 


 


A BILL FOR









 











SB1887

LRB095 15992 RLC 42005 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, leaving the scene of a motor 
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vehicle accident involving death or personal injuries under 
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Section 11-401 of the Illinois Vehicle Code, failing to give 
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information and render aid under Section 11-403 of the Illinois 
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Vehicle Code, concealment of homicidal
death, treason, arson, 
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aggravated arson, forgery, or (2) any offense
involving sexual 
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conduct or sexual penetration, as defined by
Section 12-12 of 
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this Code in which the DNA profile of the offender is
obtained 
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and entered into a DNA database within 10 years after the 
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commission
of the offense and the identity of the offender is 
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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 3 2 years after 
 


 






SB1887
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LRB095 15992 RLC 42005 b




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the commission
of the offense unless a longer period for 
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reporting the offense to law
enforcement authorities
is 
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provided in Section 3-6 or (ii) the victim is murdered during 
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the course of the offense or within 2 years after the 
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commission of the 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. 93-834, eff. 7-29-04; 94-487, eff. 11-9-05; 
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94-683, eff. 11-9-05.)