SB1887 Enrolled

LRB095 15992 RLC 42005 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, leaving the scene of a motor 
11
vehicle accident involving death or personal injuries under 
12
Section 11-401 of the Illinois Vehicle Code, failing to give 
13
information and render aid under Section 11-403 of the Illinois 
14
Vehicle Code, concealment of homicidal
death, treason, arson, 
15
aggravated arson, forgery, or (2) any offense
involving sexual 
16
conduct or sexual penetration, as defined by
Section 12-12 of 
17
this Code in which the DNA profile of the offender is
obtained 
18
and entered into a DNA database within 10 years after the 
19
commission
of the offense and the identity of the offender is 
20
unknown after a diligent
investigation by law enforcement 
21
authorities, may be commenced at any
time.
Clause (2) of this 
22
subsection (a) applies if either: (i) the victim reported the

23
offense to law enforcement authorities within 3 2 years after 
 


 






SB1887 Enrolled
- 2 -
LRB095 15992 RLC 42005 b




1
the commission
of the offense unless a longer period for 
2
reporting the offense to law
enforcement authorities
is 
3
provided in Section 3-6 or (ii) the victim is murdered during 
4
the course of the offense or within 2 years after the 
5
commission of the offense.

6
    (b) Unless the statute describing the offense provides 
7
otherwise, or the
period of limitation is extended by Section 
8
3-6, a prosecution for any
offense not designated in Subsection 
9
(a) must be commenced within 3 years
after the commission of 
10
the offense if it is a felony, or within one year
and 6 months 
11
after its commission if it is a misdemeanor.

12
(Source: P.A. 93-834, eff. 7-29-04; 94-487, eff. 11-9-05; 
13
94-683, eff. 11-9-05.)