Ill. Admin. Code tit. 95 § 400.830

Current through Register Vol. 48, No. 49, December 6, 2024

Section 400.830 - Statute of Limitations

a)Except as otherwise provided in this Section, a person charged with any offense is not liable to be tried by court-martial or punished under Code Section 15 if the offense was committed more than 3 years before the receipt of sworn charges and specifications by an officer exercising court-martial jurisdiction over the command or before the imposition of punishment underCodeSection 15.

b)Periods in which the accused is absent without authority or fleeing from justice shall be excluded in computing the period of limitation prescribed in this Section.

c)The following periods shall be excluded in computing the period of limitation prescribed in this Section:

1)Periods in which the accused was absent from territory in whichtheState has the authority to apprehend the accused;

2)Periods when the accused was in the custody of civil authorities; or

3)Periods when the accused was in the hands of the enemy.

d) Wartime suspension

1)When the United States is at war or armed conflict authorized by law, the running of any statute of limitations is suspended for any offense under the Code:

A)involving fraud or attempted fraud against the United States, any state, or any agency of either in any manner, whether by conspiracy or not;

B)committed in connection with the acquisition, care, handling, custody, control or disposition of any real or personal property of the United States or any state; or

C)committed in connection with the negotiation, procurement, award, performance, payment, interim financing, cancellation or other termination or settlement of any contract, subcontract or purchase order that is connected with or related to the prosecution of the war, or with any disposition of termination inventory by any war contractor or government agency.

2)The suspension remains effective until2 years after the termination of hostilities or armed conflict as proclaimed by the President or by a joint resolution of Congress. (Code Section 43(a) through (d))

Ill. Admin. Code tit. 95, § 400.830

Adopted at 41 Ill. Reg. 11931, effective 9/14/2017.