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| [ House Amendment 001 ] |
90_HB0032
720 ILCS 5/2-16 from Ch. 38, par. 2-16
720 ILCS 5/3-5 from Ch. 38, par. 3-5
725 ILCS 5/111-2 from Ch. 38, par. 111-2
Amends the Criminal Code of 1961 and the Code of Criminal
Procedure of 1963. Provides that, for the purpose of the
period of limitation, the prosecution of an offense is
commenced upon the return of an indictment, the issuance of
an information, or the filing of a complaint for preliminary
examination or hearing. Permits the prosecution of a felony
by complaint if a preliminary hearing has been held or
waived. (Present law provides that prosecution of a felony
must be by information or by indictment.)
LRB9000735RCks
LRB9000735RCks
1 AN ACT in relation to criminal procedure, amending named
2 Acts.
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 Sections 2-16 and 3-5 as follows:
7 (720 ILCS 5/2-16) (from Ch. 38, par. 2-16)
8 Sec. 2-16. "Prosecution".
9 "Prosecution" means all legal proceedings by which a
10 person's liability for an offense is determined, commencing
11 with the return of the indictment, or the issuance of the
12 information, or the filing of a complaint for preliminary
13 examination or hearing and including the final disposition of
14 the case upon appeal.
15 (Source: Laws 1961, p. 1983.)
16 (720 ILCS 5/3-5) (from Ch. 38, par. 3-5)
17 Sec. 3-5. General Limitations.
18 (a) A prosecution for first degree murder, second degree
19 murder, involuntary manslaughter, reckless homicide,
20 concealment of homicidal death, treason, arson, aggravated
21 arson, or forgery may be commenced at any time.
22 (b) Unless the statute describing the offense provides
23 otherwise, or the period of limitation is extended by Section
24 3-6, a prosecution for any offense not designated in
25 Subsection (a) must be commenced within 3 years after the
26 commission of the offense if it is a felony, or within one
27 year and 6 months after its commission if it is a
28 misdemeanor.
29 (c) For the purpose of the periods of limitation
30 prescribed in subsection (b), the prosecution of an offense
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1 is commenced upon the return of an indictment, the issuance
2 of the information, or the filing of a complaint for
3 preliminary examination or hearing, as the case may be.
4 (Source: P.A. 89-8, eff. 1-1-96.)
5 Section 10. The Code of Criminal Procedure of 1963 is
6 amended by changing Section 111-2 as follows:
7 (725 ILCS 5/111-2) (from Ch. 38, par. 111-2)
8 Sec. 111-2. Commencement of prosecutions.
9 (a) All prosecutions of felonies shall be commenced by
10 information or by indictment, information or complaint for
11 preliminary examination or hearing. However, no prosecution
12 of a felony may be pursued by information or by complaint
13 unless a preliminary hearing has been held or waived in
14 accordance with Section 109-3 and at that hearing probable
15 cause to believe the defendant committed an offense was
16 found, and the provisions of Section 109-3.1 of this Code
17 have been complied with.
18 (b) (Blank). All other prosecutions may be by
19 indictment, information or complaint.
20 (c) Upon the filing of a complaint, an information or
21 indictment in open court charging the defendant with the
22 commission of a sex offense defined in any Section of Article
23 11 of the Criminal Code of 1961, as amended, and a minor as
24 defined in Section 1-3 of the Juvenile Court Act of 1987, as
25 amended, is alleged to be the victim of the commission of the
26 acts of the defendant in the commission of such offense, the
27 court may appoint a guardian ad litem for the minor as
28 provided in Section 2-17, 3-19, 4-16 or 5-17 of the Juvenile
29 Court Act of 1987.
30 (d) Upon the filing of a complaint, an information or
31 indictment in open court, the court shall immediately issue a
32 warrant for the arrest of each person charged with an offense
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1 directed to a peace officer or some other person specifically
2 named commanding him to arrest such person.
3 (e) When the offense is bailable, the judge shall
4 endorse on the warrant the amount of bail required by the
5 order of the court, and if the court orders the process
6 returnable forthwith, the warrant shall require that the
7 accused be arrested and brought immediately into court.
8 (f) When Where the prosecution of a felony is by
9 information or complaint and when the after preliminary
10 hearing has been held or waived, or after a waiver of
11 preliminary hearing in accordance with paragraph (a) of this
12 Section, such prosecution may be for all offenses, arising
13 from the same transaction or conduct of a defendant even
14 though the complaint or complaints filed at the preliminary
15 hearing charged only one or some of the offenses arising from
16 that transaction or conduct.
17 (Source: P.A. 85-1209.)