SB2609 98TH GENERAL ASSEMBLY

LRB098 13878 RLC 48408 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2609

Introduced 10/23/2013, by Sen. Michael Noland

SYNOPSIS AS INTRODUCED:

720 ILCS 5/3-7

from Ch. 38, par. 3-7

Amends the Criminal Code of 2012. Provides that the period within which a prosecution must be commenced does not include any period from the time the evidence of a sexual assault is collected using the Illinois State Police sexual assault evidence collection kit until the completion of the analysis of the collected evidence.

A BILL FOR

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 3-7 as follows:

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

Sec. 3-7. Periods excluded from limitation.

(a) The period within which a prosecution must be commenced does not include any period in which:

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

(2) the (b) The defendant is a public officer and the offense charged is theft of public funds while in public office; or

(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 appeal; or

(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

(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 threats; or .

(7) the evidence of a sexual assault is collected using the Illinois State Police sexual assault evidence collection kit until the completion of the analysis of the collected evidence.

(b) For the purposes of this Section:

"Completion of the analysis of the collected 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.

"Illinois State Police sexual assault evidence collection kit" has the meaning ascribed to it in Section 1a of the Sexual Assault Survivors Emergency Treatment Act.

"Sexual assault" has the meaning ascribed to it in Section 1a of the Sexual Assault Survivors Emergency Treatment Act.

(Source: P.A. 93-417, eff. 8-5-03; 94-1113, eff. 1-1-08.)