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.
  


LRB098 13878 RLC 48408 b

 
 
A BILL FOR
 

  
SB2609LRB098 13878 RLC 48408 b


  
1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Criminal Code of 2012 is amended  by changing 
5Section 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    (a) The period within which a prosecution must be commenced 
9does not include
any period in which:

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

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

15        (3)  a (c) A prosecution is pending against the 
16    defendant for the same conduct,
even if the indictment or 
17    information which commences the prosecution is
quashed or 
18    the proceedings thereon are set aside, or are reversed on

19    appeal; or

20        (4)  a (d) A proceeding or an appeal from a proceeding 
21    relating
to the quashing or enforcement of a Grand Jury 
22    subpoena issued in connection
with an investigation of a 
23    violation of a criminal law of this State is
pending. 
 
 
SB2609- 2 -LRB098 13878 RLC 48408 b

1    However, the period within which a prosecution must be 
2    commenced
includes any period in which the State brings a 
3    proceeding or an appeal from a
proceeding specified in this 
4    paragraph (4) subsection (d); or

5        (5)  a (e) A material witness is placed on active 
6    military duty or leave.  In
this paragraph (5) subsection 
7    (e), "material witness" includes, but is not limited to, 
8    the
arresting officer, occurrence witness, or the alleged 
9    victim of the offense; or 
10        (6)  the (f)  The victim of unlawful force or threat of 
11    imminent bodily harm to obtain information or a
confession 
12    is incarcerated, and the victim's incarceration, in whole 
13    or in part,  is a consequence of the unlawful force or

14    threats; or .

15        (7) the evidence of a sexual assault is collected using  
16    the Illinois State Police sexual assault evidence

17    collection kit until the completion of the analysis of the 
18    collected evidence.
19    (b)  For the purposes of this Section:
20        "Completion of the analysis of the collected evidence" 
21    means analysis of the collected evidence and conducting of 
22    laboratory
tests and the comparison of the collected 
23    evidence with the genetic marker grouping analysis 
24    information maintained by the Department of State Police 
25    under Section 5-4-3 of the Unified Code of Corrections and 
26    with the information contained in the Federal Bureau of 
 
 
SB2609- 3 -LRB098 13878 RLC 48408 b

1    Investigation's National DNA database. 
2        "Illinois State Police sexual assault evidence

3    collection kit" has the meaning ascribed to it in Section 
4    1a of the  Sexual Assault Survivors Emergency Treatment Act. 
5        "Sexual assault" has the meaning ascribed to it in 
6    Section 1a of the Sexual Assault Survivors Emergency 
7    Treatment Act.
8(Source: P.A. 93-417, eff. 8-5-03; 94-1113, eff. 1-1-08.)