2005 Illinois 720 ILCS 5/ Criminal Code of 1961. Article 3 - Rights Of Defendant
(720 ILCS 5/Art. 3 heading) ARTICLE 3. RIGHTS OF DEFENDANT
(720 ILCS 5/3‑1)(from Ch. 38, par. 3‑1) Sec. 3‑1. Presumption of innocence and proof of guilt. Every person is presumed innocent until proved guilty. No person shall
be convicted of any offense unless his guilt thereof is proved beyond a
reasonable doubt. (Source: Laws 1961, p. 1983.)
(720 ILCS 5/3‑2)(from Ch. 38, par. 3‑2) Sec. 3‑2. Affirmative defense. (a) "Affirmative defense" means that unless the State's evidence raises
the issue involving the alleged defense, the defendant, to raise the issue,
must present some evidence thereon. (b) If the issue involved in an affirmative defense, other than insanity,
is raised then the
State must sustain the burden of proving the defendant guilty beyond a
reasonable doubt as to that issue together with all the other elements of
the offense. If the affirmative defense of insanity is raised, the defendant
bears the burden of proving by clear and convincing
evidence his insanity
at the time of the offense. (Source: P.A. 89‑404, eff. 8‑20‑95; 90‑593, eff. 6‑19‑98.)
(720 ILCS 5/3‑3)(from Ch. 38, par. 3‑3) Sec. 3‑3. Multiple
prosecutions for same act. (a) When the same conduct of a defendant may establish the commission of
more than one offense, the defendant may be prosecuted for each such
offense. (b) If the several offenses are known to the proper prosecuting officer
at the time of commencing the prosecution and are within the jurisdiction
of a single court, they must be prosecuted in a single prosecution, except
as provided in Subsection (c), if they are based on the same act. (c) When 2 or more offenses are charged as required by Subsection (b),
the court in the interest of justice may order that one or more of such
charges shall be tried separately. (Source: Laws 1961, p. 1983.)
(720 ILCS 5/3‑4)(from Ch. 38, par. 3‑4) Sec. 3‑4. Effect of
former prosecution. (a) A prosecution is barred if the defendant was formerly prosecuted
for the same offense, based upon the same facts, if such former
prosecution: (1) Resulted in either a conviction or an acquittal or in a
determination that the evidence was insufficient to warrant a conviction;
or (2) Was terminated by a final order or judgment, even if entered
before trial, which required a determination inconsistent with any fact or
legal proposition necessary to a conviction in the subsequent prosecution;
or (3) Was terminated improperly after the jury was impaneled and sworn
or, in a trial before a court without a jury, after the first witness was
sworn but before findings were rendered by the trier of facts, or after a
plea of guilty was accepted by the court. A conviction of an included offense is an acquittal of the offense
charged. (b) A prosecution is barred if the defendant was formerly prosecuted for
a different offense, or for the same offense based upon different facts, if
such former prosecution: (1) Resulted in either a conviction or an acquittal, and the
subsequent prosecution is for an offense of which the defendant could have
been convicted on the former prosecution; or was for an offense with which
the defendant should have been charged on the former prosecution, as
provided in Section 3‑3 of this Code (unless the court ordered a separate
trial of such charge); or was for an offense which involves the same
conduct, unless each prosecution requires proof of a fact not required on
the other prosecution, or the offense was not consummated when the former
trial began; or (2) Was terminated by a final order or judgment, even if entered
before trial, which required a determination inconsistent with any fact
necessary to a conviction in the subsequent prosecution; or (3) Was terminated improperly under the circumstances stated in
Subsection (a), and the subsequent prosecution is for an offense of which
the defendant could have been convicted if the former prosecution had not
been terminated improperly. (c) A prosecution is barred if the defendant was formerly prosecuted in
a District Court of the United States or in a sister State for an offense
which is within the concurrent jurisdiction of this State, if such former
prosecution: (1) Resulted in either a conviction or an acquittal, and the
subsequent prosecution is for the same conduct, unless each prosecution
requires proof of a fact not required in the other prosecution, or the
offense was not consummated when the former trial began; or (2) Was terminated by a final order or judgment, even if entered
before trial, which required a determination inconsistent with any fact
necessary to a conviction in the prosecution in this State. (d) However, a prosecution is not barred within the meaning of this
Section 3‑4 if the former prosecution: (1) Was before a court which lacked jurisdiction over the defendant
or the offense; or (2) Was procured by the defendant without the knowledge of the proper
prosecuting officer, and with the purpose of avoiding the sentence which
otherwise might be imposed; or if subsequent proceedings resulted in the
invalidation, setting aside, reversal, or vacating of the conviction,
unless the defendant was thereby adjudged not guilty. (Source: Laws 1961, p. 1983.)
(720 ILCS 5/3‑5)(from Ch. 38, par. 3‑5) Sec. 3‑5. General Limitations. (a) A prosecution for: (1) first degree murder, attempt to commit first
degree
murder, second degree murder,
involuntary manslaughter, reckless homicide, leaving the scene of a motor vehicle accident involving death or personal injuries under Section 11‑401 of the Illinois Vehicle Code, failing to give information and render aid under Section 11‑403 of the Illinois Vehicle Code, concealment of homicidal
death, treason, arson, aggravated arson, forgery, or (2) any offense
involving sexual conduct or sexual penetration as defined by
Section 12‑12 of this Code in which the DNA profile of the offender is
obtained and entered into a DNA database within 10 years after the commission
of the offense and the identity of the offender is unknown after a diligent
investigation by law enforcement authorities, may be commenced at any
time.
Clause (2) of this subsection (a) applies if either: (i) the victim reported the
offense to law enforcement authorities within 2 years after the commission
of the offense unless a longer period for reporting the offense to law
enforcement authorities
is provided in Section 3‑6 or (ii) the victim is murdered during the course of the offense or within 2 years after the commission of the offense. (b) Unless the statute describing the offense provides otherwise, or the
period of limitation is extended by Section 3‑6, a prosecution for any
offense not designated in Subsection (a) must be commenced within 3 years
after the commission of the offense if it is a felony, or within one year
and 6 months after its commission if it is a misdemeanor. (Source: P.A. 93‑834, eff. 7‑29‑04; 94‑487, eff. 11‑9‑05; 94‑683, eff. 11‑9‑05.)
(720 ILCS 5/3‑6)(from Ch. 38, par. 3‑6) Sec. 3‑6. Extended limitations. The period within which a prosecution
must be commenced under the provisions of Section 3‑5 or other applicable
statute is extended under the following conditions: (a) A prosecution for theft involving a breach of a fiduciary obligation
to the aggrieved person may be commenced as follows: (1) If the aggrieved person is a minor or a person
under legal disability, then during the minority or legal disability or within one year after the termination thereof.
(2) In any other instance, within one year after the
discovery of the offense by an aggrieved person, or by a person who has legal capacity to represent an aggrieved person or has a legal duty to report the offense, and is not himself or herself a party to the offense; or in the absence of such discovery, within one year after the proper prosecuting officer becomes aware of the offense. However, in no such case is the period of limitation so extended more than 3 years beyond the expiration of the period otherwise applicable.
(b) A prosecution for any offense based upon misconduct in office by a
public officer or employee may be commenced within one year after discovery
of the offense by a person having a legal duty to report such offense, or
in the absence of such discovery, within one year after the proper
prosecuting officer becomes aware of the offense. However, in no such case
is the period of limitation so extended more than 3 years beyond the
expiration of the period otherwise applicable. (c) Except as otherwise provided in subsection (a) of Section 3‑5 of this
Code and subdivision (i) or (j) of this
Section, a
prosecution for any offense involving sexual conduct or sexual
penetration, as defined in Section 12‑12 of this Code, where the victim and
defendant are family members, as defined in Section 12‑12 of this Code, may
be commenced within one year of the victim attaining the age of 18 years. (d) A prosecution for child pornography, indecent
solicitation of a
child, soliciting for a juvenile prostitute, juvenile pimping or
exploitation of a child may be commenced within one year of the victim
attaining the age of 18 years. However, in no such case shall the time
period for prosecution expire sooner than 3 years after the commission of
the offense. When the victim is under 18 years of age, a prosecution for
criminal
sexual abuse may be commenced within
one year of the victim attaining the age of 18 years. However, in no such
case shall the time period for prosecution expire sooner than 3 years after
the commission of the offense. (e) Except as otherwise provided in subdivision (j), a prosecution for
any offense involving sexual conduct or sexual
penetration, as defined in Section 12‑12 of this Code, where the defendant
was within a professional or fiduciary relationship or a purported
professional or fiduciary relationship with the victim at the
time of the commission of the offense may be commenced within one year
after the discovery of the offense by the victim. (f) A prosecution for any offense set forth in Section 44
of the "Environmental Protection Act", approved June 29, 1970, as amended,
may be commenced within 5 years after the discovery of such
an offense by a person or agency having the legal duty to report the
offense or in the absence of such discovery, within 5 years
after the proper prosecuting officer becomes aware of the offense. (f‑5) A prosecution for any offense set forth in Section 16G‑15 or 16G‑20 of this Code may be commenced within 5 years after the discovery of the offense by the victim of that offense.
(g) (Blank). (h) (Blank). (i) Except as otherwise provided in subdivision (j), a prosecution for
criminal sexual assault, aggravated criminal
sexual assault, or aggravated criminal sexual abuse may be commenced within 10
years of the commission of the offense if the victim reported the offense to
law enforcement authorities within 2 years after the commission of the offense. Nothing in this subdivision (i) shall be construed to
shorten a period within which a prosecution must be commenced under any other
provision of this Section. (j) When the victim is under 18 years of age at the time of the offense, a
prosecution
for criminal sexual assault, aggravated criminal sexual assault, predatory
criminal sexual assault of a child, or aggravated criminal sexual abuse or a
prosecution for failure of a person who is required to report an alleged
or suspected commission of any of these offenses under the Abused and Neglected
Child Reporting Act may be
commenced within 20 years after the child victim attains 18
years of age. Nothing in this subdivision (j) shall be construed to
shorten a period within which a prosecution must be commenced under any other
provision of this Section. (Source: P.A. 93‑356, eff. 7‑24‑03; 94‑253, eff. 1‑1‑06.)
(720 ILCS 5/3‑7)(from Ch. 38, par. 3‑7) Sec. 3‑7. Periods
excluded from limitation. The period within which a prosecution must be commenced does not include
any period in which: (a) The defendant is not usually and publicly resident within this
State; or (b) The defendant is a public officer and the offense charged is theft
of public funds while in public office; or (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 (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. 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 subsection (d); or (e) A material witness is placed on active military duty or leave. In
this subsection (e), "material witness" includes, but is not limited to, the
arresting officer, occurrence witness, or the alleged victim of the offense. (Source: P.A. 93‑417, eff. 8‑5‑03.)
(720 ILCS 5/3‑8)(from Ch. 38, par. 3‑8) Sec. 3‑8. Limitation on offense based on series of acts. When an offense is based on a series of acts performed at different
times, the period of limitation prescribed by this Article starts at the
time when the last such act is committed. (Source: Laws 1961, p. 1983.)
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