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| 1 | AN ACT concerning criminal law.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Criminal Code of 2012 is amended by changing | ||||||
| 5 | Section 3-7 as follows:
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| 6 | (720 ILCS 5/3-7) (from Ch. 38, par. 3-7)
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| 7 | Sec. 3-7. Periods
excluded from limitation. | ||||||
| 8 | (a) The period within which a prosecution must be commenced | ||||||
| 9 | does not include
any period in which:
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| 10 | (1) the (a) The defendant is not usually and publicly | ||||||
| 11 | resident within this
State; or
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| 12 | (2) the (b) The defendant is a public officer and the | ||||||
| 13 | offense charged is theft
of public funds while in public | ||||||
| 14 | office; or
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| 15 | (3) a (c) A prosecution is pending against the | ||||||
| 16 | defendant for the same conduct,
even if the indictment or | ||||||
| 17 | information which commences the prosecution is
quashed or | ||||||
| 18 | the proceedings thereon are set aside, or are reversed on
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| 19 | appeal; or
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| 20 | (4) a (d) A proceeding or an appeal from a proceeding | ||||||
| 21 | relating
to the quashing or enforcement of a Grand Jury | ||||||
| 22 | subpoena issued in connection
with an investigation of a | ||||||
| 23 | violation of a criminal law of this State is
pending. | ||||||
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| 1 | However, the period within which a prosecution must be | ||||||
| 2 | commenced
includes any period in which the State brings a | ||||||
| 3 | proceeding or an appeal from a
proceeding specified in this | ||||||
| 4 | paragraph (4) subsection (d); or
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| 5 | (5) a (e) A material witness is placed on active | ||||||
| 6 | military duty or leave. In
this paragraph (5) subsection | ||||||
| 7 | (e), "material witness" includes, but is not limited to, | ||||||
| 8 | the
arresting officer, occurrence witness, or the alleged | ||||||
| 9 | victim of the offense; or | ||||||
| 10 | (6) the (f) The victim of unlawful force or threat of | ||||||
| 11 | imminent bodily harm to obtain information or a
confession | ||||||
| 12 | is incarcerated, and the victim's incarceration, in whole | ||||||
| 13 | or in part, is a consequence of the unlawful force or
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| 14 | threats; or . | ||||||
| 15 | (7) the sexual assault evidence is collected and | ||||||
| 16 | submitted to the Department of State Police until the | ||||||
| 17 | completion of the analysis of the submitted evidence.
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| 18 | (b) For the purposes of this Section: | ||||||
| 19 | "Completion of the analysis of the submitted evidence" | ||||||
| 20 | means analysis of the collected evidence and conducting of | ||||||
| 21 | laboratory
tests and the comparison of the collected | ||||||
| 22 | evidence with the genetic marker grouping analysis | ||||||
| 23 | information maintained by the Department of State Police | ||||||
| 24 | under Section 5-4-3 of the Unified Code of Corrections and | ||||||
| 25 | with the information contained in the Federal Bureau of | ||||||
| 26 | Investigation's National DNA database. | ||||||
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| 1 | "Sexual assault" has the meaning ascribed to it in | ||||||
| 2 | Section 1a of the Sexual Assault Survivors Emergency | ||||||
| 3 | Treatment Act. | ||||||
| 4 | "Sexual assault evidence" has the meaning ascribed to | ||||||
| 5 | it in Section 5 of the Sexual Assault Evidence Submission | ||||||
| 6 | Act. | ||||||
| 7 | (Source: P.A. 93-417, eff. 8-5-03; 94-1113, eff. 1-1-08.)
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