Bill Text: IL SB2609 | 2013-2014 | 98th General Assembly | Engrossed

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 23-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB2609 Detail]

Download: Illinois-2013-SB2609-Engrossed.html

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SB2609 Engrossed LRB098 13878 RLC 48408 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by changing
Section 3-7 as follows:
(720 ILCS 5/3-7) (from Ch. 38, par. 3-7)
Sec. 3-7. Periods excluded from limitation.
(a) The period within which a prosecution must be commenced
does not include any period in which:
(1) the (a) The defendant is not usually and publicly
resident within this State; or
(2) the (b) The defendant is a public officer and the
offense charged is theft of public funds while in public
office; or
(3) a (c) A prosecution is pending against the
defendant for the same conduct, even if the indictment or
information which commences the prosecution is quashed or
the proceedings thereon are set aside, or are reversed on
appeal; or
(4) a (d) A proceeding or an appeal from a proceeding
relating to the quashing or enforcement of a Grand Jury
subpoena issued in connection with an investigation of a
violation of a criminal law of this State is pending.

SB2609 Engrossed - 2 - LRB098 13878 RLC 48408 b
However, the period within which a prosecution must be
commenced includes any period in which the State brings a
proceeding or an appeal from a proceeding specified in this
paragraph (4) subsection (d); or
(5) a (e) A material witness is placed on active
military duty or leave. In this paragraph (5) subsection
(e), "material witness" includes, but is not limited to,
the arresting officer, occurrence witness, or the alleged
victim of the offense; or
(6) the (f) The victim of unlawful force or threat of
imminent bodily harm to obtain information or a confession
is incarcerated, and the victim's incarceration, in whole
or in part, is a consequence of the unlawful force or
threats; or .
(7) the sexual assault evidence is collected and
submitted to the Illinois State Police until the completion
of the analysis of the submitted evidence.
(b) For the purposes of this Section:
"Completion of the analysis of the collected evidence"
means analysis of the collected evidence and conducting of
laboratory tests and the comparison of the collected
evidence with the genetic marker grouping analysis
information maintained by the Department of State Police
under Section 5-4-3 of the Unified Code of Corrections and
with the information contained in the Federal Bureau of
Investigation's National DNA database.

SB2609 Engrossed - 3 - LRB098 13878 RLC 48408 b
"Illinois State Police sexual assault evidence
collection kit" has the meaning ascribed to it in Section
1a of the Sexual Assault Survivors Emergency Treatment Act.
"Sexual assault" has the meaning ascribed to it in
Section 1a of the Sexual Assault Survivors Emergency
Treatment Act.
"Sexual assault evidence" has the meaning ascribed to
it in Section 5 of the Sexual Assault Evidence Submission
Act.
(Source: P.A. 93-417, eff. 8-5-03; 94-1113, eff. 1-1-08.)