093_HB2411eng

 
HB2411 Engrossed                     LRB093 08201 RLC 08408 b

 1        AN ACT in relation to criminal law.

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

 4        Section  5.  The  Criminal  Code  of  1961  is amended by
 5    changing Section 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        The period within which a prosecution must  be  commenced
 9    does not include any period in which:
10        (a)  The  defendant  is not usually and publicly resident
11    within this State; or
12        (b)  The defendant is a public officer  and  the  offense
13    charged is theft of public funds while in public office; or
14        (c)  A  prosecution  is pending against the defendant for
15    the same conduct, even if the indictment or information which
16    commences the  prosecution  is  quashed  or  the  proceedings
17    thereon are set aside, or are reversed on appeal; or
18        (d)  A proceeding or an appeal from a proceeding relating
19    to  the  quashing  or  enforcement  of  a Grand Jury subpoena
20    issued in connection with an investigation of a violation  of
21    a  criminal law of this State is pending. However, the period
22    within which a prosecution must  be  commenced  includes  any
23    period  in  which  the State brings a proceeding or an appeal
24    from a proceeding specified in this subsection (d); or.
25        (e)  A material witness is placed on active military duty
26    or  leave.   In  this  subsection  (e),  "material   witness"
27    includes,  but  is  not  limited  to,  the arresting officer,
28    occurrence witness, or the alleged victim of the offense.
29    (Source: P.A. 91-231, eff. 1-1-00.)