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IL SB1422
Bill
AI Summary
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Requires prosecutors to prove by a preponderance of the evidence that statutes of limitations have not expired when a defendant moves to dismiss, shifting the burden to the State rather than requiring defendants to disprove timely prosecution.
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Establishes that prosecutors need not prove at trial facts extending general limitations periods if properly pleaded in the charging document, with all limitations challenges decided exclusively under Section 114-1 of the Code of Criminal Procedure.
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Clarifies that prosecutors similarly need not prove facts establishing periods excluded from general limitations if properly pleaded in charging documents, with exclusion period challenges handled exclusively through Section 114-1 motions.
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Amends Criminal Code Section 3-6 to add new subsection (m) and Section 3-7 to add subsection (a-5), both addressing burden of proof requirements for limitations period disputes in pre-trial motions to dismiss.
Legislative Description
CRIM PRO-SOL-BURDEN OF PROOF
Last Action
Public Act . . . . . . . . . 100-0434
8/25/2017