Bill Text: IL HB3621 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Provides that a prosecution for any offense not designated by law to have an extended statute of limitations must be commenced within one year after the discovery of the offense if it is a felony (rather than 3 years after the commission of the offense), or within 6 months after the discovery of the offense if it is a misdemeanor (rather than one year and 6 months after the commission of the offense).

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB3621 Detail]

Download: Illinois-2019-HB3621-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB3621 Introduced , by Rep. Jerry Costello, II SYNOPSIS AS INTRODUCED:
720 ILCS 5/3-5 from Ch. 38, par. 3-5
Amends the Criminal Code of 2012. Provides that a prosecution for any offense not designated by law to have an extended statute of limitations must be commenced within one year after the discovery of the offense if it is a felony (rather than 3 years after the commission of the offense), or within 6 months after the discovery of the offense if it is a misdemeanor (rather than one year and 6 months after the commission of the offense).
LRB101 10225 SLF 55329 b
A BILL FOR
HB3621 LRB101 10225 SLF 55329 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by changing
Section 3-5 as follows:
(720 ILCS 5/3-5) (from Ch. 38, par. 3-5)
Sec. 3-5. General limitations.
(a) A prosecution for: (1) first degree murder, attempt to
commit first degree murder, second degree murder, involuntary
manslaughter, reckless homicide, a violation of subparagraph
(F) of paragraph (1) of subsection (d) of Section 11-501 of the
Illinois Vehicle Code for the offense of 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 a death, leaving
the scene of a motor vehicle accident involving death or
personal injuries under Section 11-401 of the Illinois Vehicle
Code, failing to give information and render aid under Section
11-403 of the Illinois Vehicle Code, concealment of homicidal
death, treason, arson, residential arson, aggravated arson,
forgery, child pornography under paragraph (1) of subsection
(a) of Section 11-20.1, or aggravated child pornography under
paragraph (1) of subsection (a) of Section 11-20.1B, or (2) any

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offense involving sexual conduct or sexual penetration, as
defined by Section 11-0.1 of this Code 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. Clause (2) of this subsection (a)
applies if either: (i) the victim reported the offense to law
enforcement authorities within 3 years after the commission of
the offense unless a longer period for reporting the offense to
law enforcement authorities is provided in Section 3-6 or (ii)
the victim is murdered during the course of the offense or
within 2 years after the commission of the offense.
(a-5) A prosecution for theft of property exceeding
$100,000 in value under Section 16-1, identity theft under
subsection (a) of Section 16-30, aggravated identity theft
under subsection (b) of Section 16-30, financial exploitation
of an elderly person or a person with a disability under
Section 17-56; or any offense set forth in Article 16H or
Section 17-10.6 may be commenced within 7 years of the last act
committed in furtherance of the crime.
(b) Unless the statute describing the offense provides
otherwise, or the period of limitation is extended by Section
3-6, a prosecution for any offense not designated in subsection
(a) or (a-5) must be commenced within one year 3 years after
the discovery commission of the offense if it is a felony, or
within one year and 6 months after the discovery of the offense
its commission if it is a misdemeanor.

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(Source: P.A. 99-820, eff. 8-15-16; 100-149, eff. 1-1-18;
100-863, eff. 8-14-18.)