CHAPTER 60. NONEXCULPATORY DEFENSES
Section 61 – Prosecution Barred If Not Commenced Within Time
Limitation Period
(a) Time Limitation. A prosecution is barred unless commenced within:
[(1) 8 years from the time the offense is committed for a felony,
or
(2) 3 years from the time the offense is committed for a
misdemeanor.
(3) Offences for which punishments are prescribed in the Holy
Quran shall be exempt from the provisions under subsection (a) (1) and
(2).
(b) Exception for Violent Crimes. A prosecution for a violent crime or
an offense defined in Sections 211 to 216 (Theft Offenses), 411 (Unlawful
Sexual Intercourse), 612 (False Accusation of Unlawful Sexual Intercourse), or
616 (1)(b)(B) (prohibiting the consumption of alcohol) may be commenced at
any time after the offense is committed
(c) Start of the Limitation Period. The period of limitation starts to runon the day after the offense is committed. An offense is committed either:
(1) when every element of the offense occurs, or
(2) if a legislative purpose to prohibit a continuing course of
conduct plainly appears, at the time when the course of conduct or the
defendant’s complicity therein is terminated.
(d) Suspension of the Limitation Period. The period of limitation is
suspended if the State commences prosecution of the offense.
(e) Commencement of Prosecution. A prosecution for the offense
commences on the date the charging document is filed for the offense.
CHAPTER 60. NONEXCULPATORY DEFENSES
Section 62 – Unfitness to Plead, Stand Trial, or Be Sentenced
(a) A person shall not be required to plead, stand trial, or be sentenced
if, because of his mental or physical condition, he is unable to:
(1) understand the nature and purpose of the proceedings against
him, or
(2) assist in his defense.
(b) Automatic Commitment for Examination Upon Acquittal. A person
whose trial is delayed or abandoned under this Section shall be automatically
committed for an examination to determine whether he is subject to civil
commitment pursuant. The duration of the automatic commitment may not
exceed the time required to complete the examination or sixty days, whichever
is shorter.
The crimes within the jurisdiction of the Court shall not be subject to any statute of limitations.