Bill Status of SB1422 100th General Assembly
Short Description: CRIM PRO-SOL-BURDEN OF PROOF
Sen. Chris Nybo
Statutes Amended In Order of Appearance
Synopsis As Introduced
Amends the Criminal Code of 2012. Provides that the prosecution shall not be required to prove at trial facts which extend the general limitations or establish periods excluded from the general limitations, when the facts supporting extension of or the exclusion from the period of general limitations are properly pled in the charging document. Provides that any challenge relating to the extension of or exclusion from the general limitations period shall be exclusively conducted under the dismissal of charges provisions of the Code of Criminal Procedure of 1963. Amends the Code of Criminal Procedure of 1963. Provides that when a defendant seeks dismissal of the charge upon the grounds that it is barred by the statute of limitations, the prosecution shall have the burden of proving, by a preponderance of the evidence, that the prosecution of the offense is not barred by the statute of limitations.