Illinois General Assembly - Full Text of HB0369
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Full Text of HB0369  99th General Assembly




HB0369 EnrolledLRB099 04339 RLC 24366 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.



HB0369 Enrolled- 2 -LRB099 04339 RLC 24366 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 sexual assault evidence is collected and
16    submitted to the Department of State Police until the
17    completion of the analysis of the submitted evidence.
18    (b) For the purposes of this Section:
19        "Completion of the analysis of the submitted evidence"
20    means analysis of the collected evidence and conducting of
21    laboratory tests and the comparison of the collected
22    evidence with the genetic marker grouping analysis
23    information maintained by the Department of State Police
24    under Section 5-4-3 of the Unified Code of Corrections and
25    with the information contained in the Federal Bureau of
26    Investigation's National DNA database.



HB0369 Enrolled- 3 -LRB099 04339 RLC 24366 b

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