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Public Act 094-0179
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| HB0780 Enrolled |
LRB094 05282 RLC 35325 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by changing |
Section 1-6 and by adding Article 16J as follows:
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(720 ILCS 5/1-6) (from Ch. 38, par. 1-6)
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Sec. 1-6. Place of trial.
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(a) Generally.
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Criminal actions shall be tried
in the county where the |
offense was committed, except as otherwise provided
by law. The |
State is not required to prove during trial that the alleged
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offense occurred in any particular county in this State. When a |
defendant
contests the place of trial under this Section, all |
proceedings regarding this
issue shall be conducted under |
Section 114-1 of the Code of Criminal Procedure
of 1963. All |
objections of improper place of trial are waived by a defendant
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unless made before trial.
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(b) Assailant and Victim in Different Counties.
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If a person committing an offense upon the person of |
another is
located in one county and his victim is located in |
another county at the
time of the commission of the offense, |
trial may be had in either of
said counties.
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(c) Death and Cause of Death in Different Places or |
Undetermined.
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If cause of death is inflicted in one county and death |
ensues in
another county, the offender may be tried in either |
county. If neither
the county in which the cause of death was |
inflicted nor the county in which
death ensued are known before |
trial, the offender may be tried in the county
where the body |
was found.
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(d) Offense Commenced Outside the State.
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If the commission of an offense commenced outside the State |
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is
consummated within this State, the offender shall be tried |
in the county
where the offense is consummated.
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(e) Offenses Committed in Bordering Navigable Waters.
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If an offense is committed on any of the navigable waters |
bordering
on this State, the offender may be tried in any |
county adjacent to such
navigable water.
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(f) Offenses Committed while in Transit.
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If an offense is committed upon any railroad car, vehicle, |
watercraft
or aircraft passing within this State, and it cannot |
readily be
determined in which county the offense was |
committed, the offender may
be tried in any county through |
which such railroad car, vehicle,
watercraft or aircraft has |
passed.
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(g) Theft.
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A person who commits theft of property may be tried in any |
county in
which he exerted control over such property.
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(h) Bigamy.
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A person who commits the offense of bigamy may be tried in |
any county
where the bigamous marriage or bigamous cohabitation |
has occurred.
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(i) Kidnaping.
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A person who commits the offense of kidnaping may be tried |
in any
county in which his victim has traveled or has been |
confined during the
course of the offense.
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(j) Pandering.
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A person who commits the offense of pandering may be tried |
in any
county in which the prostitution was practiced or in any |
county in which
any act in furtherance of the offense shall |
have been committed.
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(k) Treason.
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A person who commits the offense of treason may be tried in |
any
county.
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(l) Criminal Defamation.
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If criminal defamation is spoken, printed or written in one |
county
and is received or circulated in another or other |
counties, the offender
shall be tried in the county where the |
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defamation is spoken, printed or
written. If the defamation is |
spoken, printed or written outside this
state, or the offender |
resides outside this state, the offender may be
tried in any |
county in this state in which the defamation was circulated
or |
received.
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(m) Inchoate Offenses.
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A person who commits an inchoate offense may be tried in |
any county
in which any act which is an element of the offense, |
including the
agreement in conspiracy, is committed.
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(n) Accountability for Conduct of Another.
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Where a person in one county solicits, aids, abets, agrees, |
or
attempts to aid another in the planning or commission of an |
offense in
another county, he may be tried for the offense in |
either county.
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(o) Child Abduction.
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A person who commits the offense of child abduction may be |
tried in any
county in which his victim has traveled, been |
detained, concealed or
removed to during the course of the |
offense. Notwithstanding the foregoing,
unless for good cause |
shown, the preferred place of trial shall be the
county of the |
residence of the lawful custodian.
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(p) A person who commits the offense of narcotics |
racketeering may be
tried in any county where cannabis or a |
controlled substance which is the
basis for the charge of |
narcotics racketeering was used; acquired;
transferred or |
distributed to, from or through; or any county where any act
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was performed to further the use; acquisition, transfer or |
distribution of
said cannabis or controlled substance; any |
money, property, property
interest, or any other asset |
generated by narcotics activities was
acquired, used, sold, |
transferred or distributed to, from or through; or,
any |
enterprise interest obtained as a result of narcotics |
racketeering was
acquired, used, transferred or distributed |
to, from or through, or where
any activity was conducted by the |
enterprise or any conduct to further the
interests of such an |
enterprise.
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(q) A person who commits the offense of money laundering |
may be tried in
any county where any part of a financial |
transaction in criminally derived
property took place or in any |
county where any money or monetary instrument
which is the |
basis for the offense was acquired, used, sold, transferred or
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distributed to, from or through.
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(r) A person who commits the offense of cannabis |
trafficking or
controlled substance trafficking may be tried in |
any county.
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(s) A person who commits the offense of online sale of |
stolen property, online theft by deception, or electronic |
fencing may be tried in any county where any one or more |
elements of the offense took place, regardless of whether the |
element of the offense was the result of acts by the accused, |
the victim or by another person, and regardless of whether the |
defendant was ever physically present within the boundaries of |
the county.
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(Source: P.A. 89-288, eff. 8-11-95.)
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(720 ILCS 5/Art. 16J heading new) |
ARTICLE 16J. ONLINE PROPERTY OFFENSES
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(720 ILCS 5/16J-5 new) |
Sec. 16J-5. Definitions. In this Article: |
"Access" means to use, instruct, communicate with, store |
data
in, retrieve or intercept data from, or otherwise utilize |
any services
of a computer.
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"Computer" means a device that accepts, processes, stores, |
retrieves
or outputs data, and includes but is not limited to |
auxiliary storage and
telecommunications devices connected to |
computers.
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"Internet" means an interactive computer service or system |
or an
information service, system, or access software provider |
that provides or
enables computer access by multiple users to a |
computer server, and includes,
but is not limited to, an |
information service, system, or access software
provider that |
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provides access to a network system commonly known as the
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Internet, or any comparable system or service and also |
includes, but is not
limited to, a World Wide Web page, |
newsgroup, message board, mailing list, or
chat area on any |
interactive computer service or system or other online
service. |
"Online" means the use of any electronic or wireless device |
to access the Internet.
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(720 ILCS 5/16J-10 new) |
Sec. 16J-10. Online sale of stolen property. A person |
commits the offense of online sale of stolen property when he |
or she uses or accesses the Internet with the intent of selling |
property gained through unlawful means.
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(720 ILCS 5/16J-15 new) |
Sec. 16J-15. Online theft by deception. A person commits |
the offense of online theft by deception when he or she uses |
the Internet to purchase or attempt to purchase property from a |
seller with a mode of payment that he or she knows is |
fictitious, stolen, or lacking the consent of the valid account |
holder.
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(720 ILCS 5/16J-20 new)
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Sec. 16J-20. Electronic fencing. A person commits the |
offense of electronic fencing when he or she sells stolen |
property using the Internet, knowing that the property was |
stolen. A person who unknowingly purchases stolen property over |
the Internet does not violate this Section.
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(720 ILCS 5/16J-25 new)
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Sec. 16J-25. Sentence. A violation of this Article is a |
Class 4 felony if the full retail value of the stolen property |
or property obtained by deception does not exceed $150. A |
violation of this Article is a Class 2 felony if the full |
retail value of the stolen property or property obtained by |
deception exceeds $150.
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