SB2609 EngrossedLRB098 13878 RLC 48408 b


  
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 Criminal Code of 2012 is amended  by changing 
5Section 3-7 as follows:
 


6    (720 ILCS 5/3-7)  (from Ch. 38, par. 3-7)




7    Sec. 3-7. Periods
excluded from limitation. 
8    (a) The period within which a prosecution must be commenced 
9does not include
any period in which:

10        (1)  the (a) The defendant is not usually and publicly 
11    resident within this
State; or

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

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

19    appeal; or

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. 
 
 
SB2609 Engrossed- 2 -LRB098 13878 RLC 48408 b

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

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

14    threats; or .
15        (7) the sexual assault evidence is collected and 
16    submitted to the Illinois State Police until the completion 
17    of the analysis of the submitted evidence.

18    (b)  For the purposes of this Section:
19        "Completion of the analysis of the collected 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. 
 
 
SB2609 Engrossed- 3 -LRB098 13878 RLC 48408 b

1        "Illinois State Police sexual assault evidence

2    collection kit" has the meaning ascribed to it in Section 
3    1a of the  Sexual Assault Survivors Emergency Treatment Act. 
4        "Sexual assault" has the meaning ascribed to it in 
5    Section 1a of the Sexual Assault Survivors Emergency 
6    Treatment Act.
7        "Sexual assault evidence" has the meaning ascribed to 
8    it in Section 5 of the Sexual Assault Evidence Submission 
9    Act.
10(Source: P.A. 93-417, eff. 8-5-03; 94-1113, eff. 1-1-08.)