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IL SB1422

Bill

Status

Passed

8/25/2017

Primary Sponsor

Chris Nybo

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Origin

Senate

100th General Assembly

AI Summary

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Judiciary - Criminal5/3/2017
Rules4/26/2017
CLEAR Compliance3/1/2017
Criminal Law2/22/2017
Assignments2/9/2017

Full Bill Text

No bill text available