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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB2698
Introduced 2/22/2005, by Rep. Ruth Munson 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. Provides that a prosecution for misdemeanor or felony identity theft or for aggravated identity theft must be commenced within 5 years (rather than 3 years if the offense is a felony or one year and six months if the offense is a misdemeanor) after the commission of the offense. Effective immediately.
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A BILL FOR
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HB2698 |
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LRB094 09126 RLC 39357 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, or (2) any |
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| offense
involving sexual conduct or sexual penetration as |
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| defined by
Section 12-12 of this Code in which the DNA profile |
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| of the offender is
obtained and entered into a DNA database |
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| within 10 years after the commission
of the offense and the |
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| identity of the offender is unknown after a diligent
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| investigation by law enforcement authorities, may be commenced |
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| at any
time.
Clause (2) of this subsection (a) applies if |
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| either: (i) the victim reported the
offense to law enforcement |
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| authorities within 2 years after the commission
of the offense |
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| unless a longer period for reporting the offense to law
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| enforcement authorities
is provided in Section 3-6 or (ii) the |
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| victim is murdered during the course of the offense or within 2 |
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| years after the commission of the offense. |
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| (a-5) A prosecution for misdemeanor or felony identity |
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| theft or for aggravated identity theft must be commenced within |
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| 5 years after the 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) or (a-5) must be commenced within 3 years
after the |
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| commission of the offense if it is a felony, or within one year
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