Bill Text: IL HB3084 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Illinois Vehicle Code. Provides that the penalties for driving or being in actual physical control of a motor vehicle on any highway of this State at a time when the person's driver's license, permit or privilege to do so or the privilege to obtain a driver's license or permit is revoked or suspended because of a violation of the reckless homicide statute also applies to aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof when the violation was a proximate cause of the death of another person. Amends the Criminal Code of 2012. Provides that a prosecution for aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof when the violation was a proximate cause of the death of another person may be commenced at any time.

Spectrum: Slight Partisan Bill (Republican 5-2)

Status: (Enrolled) 2017-05-25 - Passed Both Houses [HB3084 Detail]

Download: Illinois-2017-HB3084-Enrolled.html



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1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Vehicle Code is amended by changing
5Section 6-303 as follows:
6 (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
7 Sec. 6-303. Driving while driver's license, permit or
8privilege to operate a motor vehicle is suspended or revoked.
9 (a) Except as otherwise provided in subsection (a-5), any
10person who drives or is in actual physical control of a motor
11vehicle on any highway of this State at a time when such
12person's driver's license, permit or privilege to do so or the
13privilege to obtain a driver's license or permit is revoked or
14suspended as provided by this Code or the law of another state,
15except as may be specifically allowed by a judicial driving
16permit issued prior to January 1, 2009, monitoring device
17driving permit, family financial responsibility driving
18permit, probationary license to drive, or a restricted driving
19permit issued pursuant to this Code or under the law of another
20state, shall be guilty of a Class A misdemeanor.
21 (a-3) A second or subsequent violation of subsection (a) of
22this Section is a Class 4 felony if committed by a person whose
23driving or operation of a motor vehicle is the proximate cause

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1of a motor vehicle accident that causes personal injury or
2death to another. For purposes of this subsection, a personal
3injury includes any Type A injury as indicated on the traffic
4accident report completed by a law enforcement officer that
5requires immediate professional attention in either a doctor's
6office or a medical facility. A Type A injury includes severe
7bleeding wounds, distorted extremities, and injuries that
8require the injured party to be carried from the scene.
9 (a-5) Any person who violates this Section as provided in
10subsection (a) while his or her driver's license, permit or
11privilege is revoked because of a violation of Section 9-3 of
12the Criminal Code of 1961 or the Criminal Code of 2012,
13relating to the offense of reckless homicide, or a violation of
14subparagraph (F) of paragraph (1) of subsection (d) of Section
1511-501 of this Code, relating to the offense of aggravated
16driving under the influence of alcohol, other drug or drugs, or
17intoxicating compound or compounds, or any combination thereof
18when the violation was a proximate cause of a death, or a
19similar provision of a law of another state, is guilty of a
20Class 4 felony. The person shall be required to undergo a
21professional evaluation, as provided in Section 11-501 of this
22Code, to determine if an alcohol, drug, or intoxicating
23compound problem exists and the extent of the problem, and to
24undergo the imposition of treatment as appropriate.
25 (a-10) A person's driver's license, permit, or privilege to
26obtain a driver's license or permit may be subject to multiple

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1revocations, multiple suspensions, or any combination of both
2simultaneously. No revocation or suspension shall serve to
3negate, invalidate, cancel, postpone, or in any way lessen the
4effect of any other revocation or suspension entered prior or
5subsequent to any other revocation or suspension.
6 (b) (Blank).
7 (b-1) Upon receiving a report of the conviction of any
8violation indicating a person was operating a motor vehicle
9during the time when the person's driver's license, permit or
10privilege was suspended by the Secretary of State or the
11driver's licensing administrator of another state, except as
12specifically allowed by a probationary license, judicial
13driving permit, restricted driving permit or monitoring device
14driving permit the Secretary shall extend the suspension for
15the same period of time as the originally imposed suspension
16unless the suspension has already expired, in which case the
17Secretary shall be authorized to suspend the person's driving
18privileges for the same period of time as the originally
19imposed suspension.
20 (b-2) Except as provided in subsection (b-6), upon
21receiving a report of the conviction of any violation
22indicating a person was operating a motor vehicle when the
23person's driver's license, permit or privilege was revoked by
24the Secretary of State or the driver's license administrator of
25any other state, except as specifically allowed by a restricted
26driving permit issued pursuant to this Code or the law of

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1another state, the Secretary shall not issue a driver's license
2for an additional period of one year from the date of such
3conviction indicating such person was operating a vehicle
4during such period of revocation.
5 (b-3) (Blank).
6 (b-4) When the Secretary of State receives a report of a
7conviction of any violation indicating a person was operating a
8motor vehicle that was not equipped with an ignition interlock
9device during a time when the person was prohibited from
10operating a motor vehicle not equipped with such a device, the
11Secretary shall not issue a driver's license to that person for
12an additional period of one year from the date of the
13conviction.
14 (b-5) Any person convicted of violating this Section shall
15serve a minimum term of imprisonment of 30 consecutive days or
16300 hours of community service when the person's driving
17privilege was revoked or suspended as a result of a violation
18of Section 9-3 of the Criminal Code of 1961 or the Criminal
19Code of 2012, relating to the offense of reckless homicide, or
20a violation of subparagraph (F) of paragraph (1) of subsection
21(d) of Section 11-501 of this Code, relating to the offense of
22aggravated driving under the influence of alcohol, other drug
23or drugs, or intoxicating compound or compounds, or any
24combination thereof when the violation was a proximate cause of
25a death, or a similar provision of a law of another state.
26 (b-6) Upon receiving a report of a first conviction of

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1operating a motor vehicle while the person's driver's license,
2permit or privilege was revoked where the revocation was for a
3violation of Section 9-3 of the Criminal Code of 1961 or the
4Criminal Code of 2012 relating to the offense of reckless
5homicide, or a violation of subparagraph (F) of paragraph (1)
6of subsection (d) of Section 11-501 of this Code, relating to
7the offense of aggravated driving under the influence of
8alcohol, other drug or drugs, or intoxicating compound or
9compounds, or any combination thereof when the violation was a
10proximate cause of a death, or a similar out-of-state offense,
11the Secretary shall not issue a driver's license for an
12additional period of three years from the date of such
13conviction.
14 (c) Except as provided in subsections (c-3) and (c-4), any
15person convicted of violating this Section shall serve a
16minimum term of imprisonment of 10 consecutive days or 30 days
17of community service when the person's driving privilege was
18revoked or suspended as a result of:
19 (1) a violation of Section 11-501 of this Code or a
20 similar provision of a local ordinance relating to the
21 offense of operating or being in physical control of a
22 vehicle while under the influence of alcohol, any other
23 drug or any combination thereof; or
24 (2) a violation of paragraph (b) of Section 11-401 of
25 this Code or a similar provision of a local ordinance
26 relating to the offense of leaving the scene of a motor

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1 vehicle accident involving personal injury or death; or
2 (3) a statutory summary suspension or revocation under
3 Section 11-501.1 of this Code.
4 Such sentence of imprisonment or community service shall
5not be subject to suspension in order to reduce such sentence.
6 (c-1) Except as provided in subsections (c-5) and (d), any
7person convicted of a second violation of this Section shall be
8ordered by the court to serve a minimum of 100 hours of
9community service.
10 (c-2) In addition to other penalties imposed under this
11Section, the court may impose on any person convicted a fourth
12time of violating this Section any of the following:
13 (1) Seizure of the license plates of the person's
14 vehicle.
15 (2) Immobilization of the person's vehicle for a period
16 of time to be determined by the court.
17 (c-3) Any person convicted of a violation of this Section
18during a period of summary suspension imposed pursuant to
19Section 11-501.1 when the person was eligible for a MDDP shall
20be guilty of a Class 4 felony and shall serve a minimum term of
21imprisonment of 30 days.
22 (c-4) Any person who has been issued a MDDP or a restricted
23driving permit which requires the person to operate only motor
24vehicles equipped with an ignition interlock device and who is
25convicted of a violation of this Section as a result of
26operating or being in actual physical control of a motor

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1vehicle not equipped with an ignition interlock device at the
2time of the offense shall be guilty of a Class 4 felony and
3shall serve a minimum term of imprisonment of 30 days.
4 (c-5) Any person convicted of a second violation of this
5Section is guilty of a Class 2 felony, is not eligible for
6probation or conditional discharge, and shall serve a mandatory
7term of imprisonment, if:
8 (1) the current violation occurred when the person's
9 driver's license was suspended or revoked for a violation
10 of Section 9-3 of the Criminal Code of 1961 or the Criminal
11 Code of 2012, relating to the offense of reckless homicide,
12 or a violation of subparagraph (F) of paragraph (1) of
13 subsection (d) of Section 11-501 of this Code, relating to
14 the offense of aggravated driving under the influence of
15 alcohol, other drug or drugs, or intoxicating compound or
16 compounds, or any combination thereof when the violation
17 was a proximate cause of a death, or a similar out-of-state
18 offense; and
19 (2) the prior conviction under this Section occurred
20 while the person's driver's license was suspended or
21 revoked for a violation of Section 9-3 of the Criminal Code
22 of 1961 or the Criminal Code of 2012 relating to the
23 offense of reckless homicide, or a violation of
24 subparagraph (F) of paragraph (1) of subsection (d) of
25 Section 11-501 of this Code, relating to the offense of
26 aggravated driving under the influence of alcohol, other

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1 drug or drugs, or intoxicating compound or compounds, or
2 any combination thereof when the violation was a proximate
3 cause of a death, or a similar out-of-state offense, or was
4 suspended or revoked for a violation of Section 11-401 or
5 11-501 of this Code, a similar out-of-state offense, a
6 similar provision of a local ordinance, or a statutory
7 summary suspension or revocation under Section 11-501.1 of
8 this Code.
9 (d) Any person convicted of a second violation of this
10Section shall be guilty of a Class 4 felony and shall serve a
11minimum term of imprisonment of 30 days or 300 hours of
12community service, as determined by the court, if:
13 (1) the current violation occurred when the person's
14 driver's license was suspended or revoked for a violation
15 of Section 11-401 or 11-501 of this Code, a similar
16 out-of-state offense, a similar provision of a local
17 ordinance, or a statutory summary suspension or revocation
18 under Section 11-501.1 of this Code; and
19 (2) the prior conviction under this Section occurred
20 while the person's driver's license was suspended or
21 revoked for a violation of Section 11-401 or 11-501 of this
22 Code, a similar out-of-state offense, a similar provision
23 of a local ordinance, or a statutory summary suspension or
24 revocation under Section 11-501.1 of this Code, or for a
25 violation of Section 9-3 of the Criminal Code of 1961 or
26 the Criminal Code of 2012, relating to the offense of

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1 reckless homicide, or a violation of subparagraph (F) of
2 paragraph (1) of subsection (d) of Section 11-501 of this
3 Code, relating to the offense of aggravated driving under
4 the influence of alcohol, other drug or drugs, or
5 intoxicating compound or compounds, or any combination
6 thereof when the violation was a proximate cause of a
7 death, or a similar out-of-state offense.
8 (d-1) Except as provided in subsections (d-2), (d-2.5), and
9(d-3), any person convicted of a third or subsequent violation
10of this Section shall serve a minimum term of imprisonment of
1130 days or 300 hours of community service, as determined by the
12court.
13 (d-2) Any person convicted of a third violation of this
14Section is guilty of a Class 4 felony and must serve a minimum
15term of imprisonment of 30 days, if:
16 (1) the current violation occurred when the person's
17 driver's license was suspended or revoked for a violation
18 of Section 11-401 or 11-501 of this Code, or a similar
19 out-of-state offense, or a similar provision of a local
20 ordinance, or a statutory summary suspension or revocation
21 under Section 11-501.1 of this Code; and
22 (2) the prior convictions under this Section occurred
23 while the person's driver's license was suspended or
24 revoked for a violation of Section 11-401 or 11-501 of this
25 Code, a similar out-of-state offense, a similar provision
26 of a local ordinance, or a statutory summary suspension or

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1 revocation under Section 11-501.1 of this Code, or for a
2 violation of Section 9-3 of the Criminal Code of 1961 or
3 the Criminal Code of 2012, relating to the offense of
4 reckless homicide, or a violation of subparagraph (F) of
5 paragraph (1) of subsection (d) of Section 11-501 of this
6 Code, relating to the offense of aggravated driving under
7 the influence of alcohol, other drug or drugs, or
8 intoxicating compound or compounds, or any combination
9 thereof when the violation was a proximate cause of a
10 death, or a similar out-of-state offense.
11 (d-2.5) Any person convicted of a third violation of this
12Section is guilty of a Class 1 felony, is not eligible for
13probation or conditional discharge, and must serve a mandatory
14term of imprisonment, if:
15 (1) the current violation occurred while the person's
16 driver's license was suspended or revoked for a violation
17 of Section 9-3 of the Criminal Code of 1961 or the Criminal
18 Code of 2012, relating to the offense of reckless homicide,
19 or a violation of subparagraph (F) of paragraph (1) of
20 subsection (d) of Section 11-501 of this Code, relating to
21 the offense of aggravated driving under the influence of
22 alcohol, other drug or drugs, or intoxicating compound or
23 compounds, or any combination thereof when the violation
24 was a proximate cause of a death, or a similar out-of-state
25 offense. The person's driving privileges shall be revoked
26 for the remainder of the person's life; and

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1 (2) the prior convictions under this Section occurred
2 while the person's driver's license was suspended or
3 revoked for a violation of Section 9-3 of the Criminal Code
4 of 1961 or the Criminal Code of 2012, relating to the
5 offense of reckless homicide, or a violation of
6 subparagraph (F) of paragraph (1) of subsection (d) of
7 Section 11-501 of this Code, relating to the offense of
8 aggravated driving under the influence of alcohol, other
9 drug or drugs, or intoxicating compound or compounds, or
10 any combination thereof when the violation was a proximate
11 cause of a death, or a similar out-of-state offense, or was
12 suspended or revoked for a violation of Section 11-401 or
13 11-501 of this Code, a similar out-of-state offense, a
14 similar provision of a local ordinance, or a statutory
15 summary suspension or revocation under Section 11-501.1 of
16 this Code.
17 (d-3) Any person convicted of a fourth, fifth, sixth,
18seventh, eighth, or ninth violation of this Section is guilty
19of a Class 4 felony and must serve a minimum term of
20imprisonment of 180 days, if:
21 (1) the current violation occurred when the person's
22 driver's license was suspended or revoked for a violation
23 of Section 11-401 or 11-501 of this Code, a similar
24 out-of-state offense, a similar provision of a local
25 ordinance, or a statutory summary suspension or revocation
26 under Section 11-501.1 of this Code; and

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1 (2) the prior convictions under this Section occurred
2 while the person's driver's license was suspended or
3 revoked for a violation of Section 11-401 or 11-501 of this
4 Code, a similar out-of-state offense, a similar provision
5 of a local ordinance, or a statutory summary suspension or
6 revocation under Section 11-501.1 of this Code, or for a
7 violation of Section 9-3 of the Criminal Code of 1961 or
8 the Criminal Code of 2012, relating to the offense of
9 reckless homicide, or a violation of subparagraph (F) of
10 paragraph (1) of subsection (d) of Section 11-501 of this
11 Code, relating to the offense of aggravated driving under
12 the influence of alcohol, other drug or drugs, or
13 intoxicating compound or compounds, or any combination
14 thereof when the violation was a proximate cause of a
15 death, or a similar out-of-state offense.
16 (d-3.5) Any person convicted of a fourth or subsequent
17violation of this Section is guilty of a Class 1 felony, is not
18eligible for probation or conditional discharge, and must serve
19a mandatory term of imprisonment, and is eligible for an
20extended term, if:
21 (1) the current violation occurred when the person's
22 driver's license was suspended or revoked for a violation
23 of Section 9-3 of the Criminal Code of 1961 or the Criminal
24 Code of 2012, relating to the offense of reckless homicide,
25 or a violation of subparagraph (F) of paragraph (1) of
26 subsection (d) of Section 11-501 of this Code, relating to

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1 the offense of aggravated driving under the influence of
2 alcohol, other drug or drugs, or intoxicating compound or
3 compounds, or any combination thereof when the violation
4 was a proximate cause of a death, or a similar out-of-state
5 offense; and
6 (2) the prior convictions under this Section occurred
7 while the person's driver's license was suspended or
8 revoked for a violation of Section 9-3 of the Criminal Code
9 of 1961 or the Criminal Code of 2012, relating to the
10 offense of reckless homicide, or a violation of
11 subparagraph (F) of paragraph (1) of subsection (d) of
12 Section 11-501 of this Code, relating to the offense of
13 aggravated driving under the influence of alcohol, other
14 drug or drugs, or intoxicating compound or compounds, or
15 any combination thereof when the violation was a proximate
16 cause of a death, or a similar out-of-state offense, or was
17 suspended or revoked for a violation of Section 11-401 or
18 11-501 of this Code, a similar out-of-state offense, a
19 similar provision of a local ordinance, or a statutory
20 summary suspension or revocation under Section 11-501.1 of
21 this Code.
22 (d-4) Any person convicted of a tenth, eleventh, twelfth,
23thirteenth, or fourteenth violation of this Section is guilty
24of a Class 3 felony, and is not eligible for probation or
25conditional discharge, if:
26 (1) the current violation occurred when the person's

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1 driver's license was suspended or revoked for a violation
2 of Section 11-401 or 11-501 of this Code, or a similar
3 out-of-state offense, or a similar provision of a local
4 ordinance, or a statutory summary suspension or revocation
5 under Section 11-501.1 of this Code; and
6 (2) the prior convictions under this Section occurred
7 while the person's driver's license was suspended or
8 revoked for a violation of Section 11-401 or 11-501 of this
9 Code, a similar out-of-state offense, a similar provision
10 of a local ordinance, or a statutory suspension or
11 revocation under Section 11-501.1 of this Code, or for a
12 violation of Section 9-3 of the Criminal Code of 1961 or
13 the Criminal Code of 2012, relating to the offense of
14 reckless homicide, or a violation of subparagraph (F) of
15 paragraph (1) of subsection (d) of Section 11-501 of this
16 Code, relating to the offense of aggravated driving under
17 the influence of alcohol, other drug or drugs, or
18 intoxicating compound or compounds, or any combination
19 thereof when the violation was a proximate cause of a
20 death, or a similar out-of-state offense.
21 (d-5) Any person convicted of a fifteenth or subsequent
22violation of this Section is guilty of a Class 2 felony, and is
23not eligible for probation or conditional discharge, if:
24 (1) the current violation occurred when the person's
25 driver's license was suspended or revoked for a violation
26 of Section 11-401 or 11-501 of this Code, or a similar

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1 out-of-state offense, or a similar provision of a local
2 ordinance, or a statutory summary suspension or revocation
3 under Section 11-501.1 of this Code; and
4 (2) the prior convictions under this Section occurred
5 while the person's driver's license was suspended or
6 revoked for a violation of Section 11-401 or 11-501 of this
7 Code, a similar out-of-state offense, a similar provision
8 of a local ordinance, or a statutory summary suspension or
9 revocation under Section 11-501.1 of this Code, or for a
10 violation of Section 9-3 of the Criminal Code of 1961 or
11 the Criminal Code of 2012, relating to the offense of
12 reckless homicide, or a violation of subparagraph (F) of
13 paragraph (1) of subsection (d) of Section 11-501 of this
14 Code, relating to the offense of aggravated driving under
15 the influence of alcohol, other drug or drugs, or
16 intoxicating compound or compounds, or any combination
17 thereof when the violation was a proximate cause of a
18 death, or a similar out-of-state offense.
19 (e) Any person in violation of this Section who is also in
20violation of Section 7-601 of this Code relating to mandatory
21insurance requirements, in addition to other penalties imposed
22under this Section, shall have his or her motor vehicle
23immediately impounded by the arresting law enforcement
24officer. The motor vehicle may be released to any licensed
25driver upon a showing of proof of insurance for the vehicle
26that was impounded and the notarized written consent for the

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1release by the vehicle owner.
2 (f) For any prosecution under this Section, a certified
3copy of the driving abstract of the defendant shall be admitted
4as proof of any prior conviction.
5 (g) The motor vehicle used in a violation of this Section
6is subject to seizure and forfeiture as provided in Sections
736-1 and 36-2 of the Criminal Code of 2012 if the person's
8driving privilege was revoked or suspended as a result of:
9 (1) a violation of Section 11-501 of this Code, a
10 similar provision of a local ordinance, or a similar
11 provision of a law of another state;
12 (2) a violation of paragraph (b) of Section 11-401 of
13 this Code, a similar provision of a local ordinance, or a
14 similar provision of a law of another state;
15 (3) a statutory summary suspension or revocation under
16 Section 11-501.1 of this Code or a similar provision of a
17 law of another state; or
18 (4) a violation of Section 9-3 of the Criminal Code of
19 1961 or the Criminal Code of 2012 relating to the offense
20 of reckless homicide, or a violation of subparagraph (F) of
21 paragraph (1) of subsection (d) of Section 11-501 of this
22 Code, relating to the offense of aggravated driving under
23 the influence of alcohol, other drug or drugs, or
24 intoxicating compound or compounds, or any combination
25 thereof when the violation was a proximate cause of a
26 death, or a similar provision of a law of another state.

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1(Source: P.A. 98-285, eff. 1-1-14; 98-418, eff. 8-16-13;
298-573, eff. 8-27-13; 98-756, eff. 7-16-14; 99-290, eff.
31-1-16.)
4 Section 10. The Criminal Code of 2012 is amended by
5changing 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
9commit first degree murder, second degree murder, involuntary
10manslaughter, reckless homicide, or a violation of
11subparagraph (F) of paragraph (1) of subsection (d) of Section
1211-501 of the Illinois Vehicle Code for the offense of
13aggravated driving under the influence of alcohol, other drug
14or drugs, or intoxicating compound or compounds, or any
15combination thereof when the violation was a proximate cause of
16a death, leaving the scene of a motor vehicle accident
17involving death or personal injuries under Section 11-401 of
18the Illinois Vehicle Code, failing to give information and
19render aid under Section 11-403 of the Illinois Vehicle Code,
20concealment of homicidal death, treason, arson, residential
21arson, aggravated arson, forgery, child pornography under
22paragraph (1) of subsection (a) of Section 11-20.1, aggravated
23child pornography under paragraph (1) of subsection (a) of
24Section 11-20.1B, or (2) any offense involving sexual conduct

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1or sexual penetration, as defined by Section 11-0.1 of this
2Code in which the DNA profile of the offender is obtained and
3entered into a DNA database within 10 years after the
4commission of the offense, may be commenced at any time. Clause
5(2) of this subsection (a) applies if either: (i) the victim
6reported the offense to law enforcement authorities within 3
7years after the commission of the offense unless a longer
8period for reporting the offense to law enforcement authorities
9is provided in Section 3-6 or (ii) the victim is murdered
10during the course of the offense or within 2 years after the
11commission of the offense.
12 (a-5) A prosecution for theft of property exceeding
13$100,000 in value under Section 16-1, identity theft under
14subsection (a) of Section 16-30, aggravated identity theft
15under subsection (b) of Section 16-30, financial exploitation
16of an elderly person or a person with a disability under
17Section 17-56; or any offense set forth in Article 16H or
18Section 17-10.6 may be commenced within 7 years of the last act
19committed in furtherance of the crime.
20 (b) Unless the statute describing the offense provides
21otherwise, or the period of limitation is extended by Section
223-6, a prosecution for any offense not designated in subsection
23(a) or (a-5) must be commenced within 3 years after the
24commission of the offense if it is a felony, or within one year
25and 6 months after its commission if it is a misdemeanor.
26(Source: P.A. 98-265, eff. 1-1-14; 99-820, eff. 8-15-16.)
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