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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0369 Introduced , by Rep. Deborah Conroy SYNOPSIS AS INTRODUCED:
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720 ILCS 5/3-7 | from Ch. 38, par. 3-7 |
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Amends the Criminal Code of 2012. Provides that the period within which a prosecution must be commenced does not include any period in which the sexual assault evidence is collected and submitted to the Illinois State Police until the completion of the analysis of the submitted evidence, including but not limited to collection of evidence of a sexual assault using the Illinois State Police sexual assault evidence collection kit. Defines "completion of the analysis of the submitted evidence", "sexual assault", and "sexual assault evidence".
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| | A BILL FOR |
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| | HB0369 | | LRB099 04339 RLC 24366 b |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Criminal Code of 2012 is amended by changing |
| 5 | | Section 3-7 as follows:
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| 6 | | (720 ILCS 5/3-7) (from Ch. 38, par. 3-7)
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| 7 | | Sec. 3-7. Periods
excluded from limitation. |
| 8 | | (a) The period within which a prosecution must be commenced |
| 9 | | does not include
any period in which:
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| 10 | | (1) the (a) The defendant is not usually and publicly |
| 11 | | resident within this
State; or
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| 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
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| 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
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| 19 | | appeal; or
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| 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. |
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| | HB0369 | - 2 - | LRB099 04339 RLC 24366 b |
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| 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
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| 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
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| 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.
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| 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. |