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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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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.
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A BILL FOR
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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.

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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 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.
(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

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Investigation's National DNA database.
"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.
(Source: P.A. 93-417, eff. 8-5-03; 94-1113, eff. 1-1-08.)