Illinois General Assembly - Full Text of Public Act 099-0252
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Public Act 099-0252


 

Public Act 0252 99TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 099-0252
 
HB0369 EnrolledLRB099 04339 RLC 24366 b

    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 sexual assault evidence is collected and
    submitted to the Department of State Police until the
    completion of the analysis of the submitted evidence.
    (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.)

Effective Date: 1/1/2016