State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]

91_HB1304enr

 
HB1304 Enrolled                                LRB9101088RCtm

 1        AN  ACT  to  amend  the Criminal Code of 1961 by changing
 2    Section 3-7.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.   The  Criminal  Code  of  1961 is amended by
 6    changing Section 3-7 as follows:

 7        (720 ILCS 5/3-7) (from Ch. 38, par. 3-7)
 8        Sec. 3-7. Periods excluded from limitation.
 9        The period within which a prosecution must  be  commenced
10    does not include any period in which:
11        (a)  The  defendant  is not usually and publicly resident
12    within this State; or
13        (b)  The defendant is a public officer  and  the  offense
14    charged is theft of public funds while in public office; or
15        (c)  A  prosecution  is pending against the defendant for
16    the same conduct, even if the indictment or information which
17    commences the  prosecution  is  quashed  or  the  proceedings
18    thereon are set aside, or are reversed on appeal; or.
19        (d)  A proceeding or an appeal from a proceeding relating
20    to  the  quashing  or  enforcement  of  a Grand Jury subpoena
21    issued in connection with an investigation of a violation  of
22    a  criminal law of this State is pending. However, the period
23    within which a prosecution must  be  commenced  includes  any
24    period  in  which  the State brings a proceeding or an appeal
25    from a proceeding specified in this subsection (d).
26    (Source: Laws 1961, p. 1983.)

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