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| Public Act 099-0252 | ||||
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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 2012 is amended by changing | ||||
Section 3-7 as follows:
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(720 ILCS 5/3-7) (from Ch. 38, par. 3-7)
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Sec. 3-7. Periods
excluded from limitation. | ||||
(a) The period within which a prosecution must be commenced | ||||
does not include
any period in which:
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(1) the (a) The defendant is not usually and publicly | ||||
resident within this
State; or
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(2) the (b) The defendant is a public officer and the | ||||
offense charged is theft
of public funds while in public | ||||
office; or
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(3) a (c) A prosecution is pending against the | ||||
defendant for the same conduct,
even if the indictment or | ||||
information which commences the prosecution is
quashed or | ||||
the proceedings thereon are set aside, or are reversed on
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appeal; or
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(4) a (d) A proceeding or an appeal from a proceeding | ||||
relating
to the quashing or enforcement of a Grand Jury | ||||
subpoena issued in connection
with an investigation of a | ||||
violation of a criminal law of this State is
pending. | ||||
However, the period within which a prosecution must be | ||
commenced
includes any period in which the State brings a | ||
proceeding or an appeal from a
proceeding specified in this | ||
paragraph (4) subsection (d); or
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(5) a (e) A material witness is placed on active | ||
military duty or leave. In
this paragraph (5) subsection | ||
(e), "material witness" includes, but is not limited to, | ||
the
arresting officer, occurrence witness, or the alleged | ||
victim of the offense; or | ||
(6) the (f) The victim of unlawful force or threat of | ||
imminent bodily harm to obtain information or a
confession | ||
is incarcerated, and the victim's incarceration, in whole | ||
or in part, is a consequence of the unlawful force or
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threats; or . | ||
(7) the sexual assault evidence is collected and | ||
submitted to the Department of State Police until the | ||
completion of the analysis of the submitted evidence.
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(b) For the purposes of this Section: | ||
"Completion of the analysis of the submitted evidence" | ||
means analysis of the collected evidence and conducting of | ||
laboratory
tests and the comparison of the collected | ||
evidence with the genetic marker grouping analysis | ||
information maintained by the Department of State Police | ||
under Section 5-4-3 of the Unified Code of Corrections and | ||
with the information contained in the Federal Bureau of | ||
Investigation's National DNA database. | ||
"Sexual assault" has the meaning ascribed to it in | ||
Section 1a of the Sexual Assault Survivors Emergency | ||
Treatment Act. | ||
"Sexual assault evidence" has the meaning ascribed to | ||
it in Section 5 of the Sexual Assault Evidence Submission | ||
Act. | ||
(Source: P.A. 93-417, eff. 8-5-03; 94-1113, eff. 1-1-08.)
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