(a) The period within which a prosecution must be commenced does not include any period in which:
         (1) the defendant is not usually and publicly
    
resident within this State; or
        (2) the defendant is a public officer and the
    
offense charged is theft of public funds while in public office; or
        (3) 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 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. 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); or
        (5) a material witness is placed on active military
    
duty or leave. In this paragraph (5), “material witness” includes, but is not limited to, the arresting officer, occurrence witness, or the alleged victim of the offense; or
        (6) 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.
    (a-5) The prosecution shall not be required to prove at trial facts establishing periods excluded from the general limitations in Section 3-5 of this Code when the facts supporting periods being excluded from the general limitations are properly pled in the charging document. Any challenge relating to periods of exclusion as defined in this Section shall be exclusively conducted under Section 114-1 of the Code of Criminal Procedure of 1963.
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Terms Used In Illinois Compiled Statutes 720 ILCS 5/3-7

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
  • Subpoena: A command to a witness to appear and give testimony.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

     (b) For the purposes of this Section:
         “Completion of the analysis of the submitted
    
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 Illinois State Police under § 5-4-3 of the Unified Code of Corrections and with the information contained in the Federal Bureau of Investigation’s National DNA database.
        “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
    
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