HB0184 96TH GENERAL ASSEMBLY

LRB096 03351 RLC 13372 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0184

Introduced 1/14/2009, by Rep. Edward J. Acevedo

SYNOPSIS AS INTRODUCED:

725 ILCS 5/111-4

from Ch. 38, par. 111-4

Amends the Code of Criminal Procedure of 1963. Provides that 2 or more acts or transactions in violation of any provision or provisions of the statutes concerning the offense of facilitating identity theft, transmitting personal identifying information, identity theft, aggravated identity theft, or forgery may be charged as a single offense in a single count of the same indictment, information, or complaint, if such acts or transactions by one or more defendants are in furtherance of a single intention and design. Effective immediately.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Criminal Procedure of 1963 is amended by changing Section 111-4 as follows:

(725 ILCS 5/111-4) (from Ch. 38, par. 111-4)

Sec. 111-4. Joinder of offenses and defendants.

(a) Two or more offenses may be charged in the same indictment, information or complaint in a separate count for each offense if the offenses charged, whether felonies or misdemeanors or both, are based on the same act or on 2 or more acts which are part of the same comprehensive transaction.

(b) Two or more defendants may be charged in the same indictment, information or complaint if they are alleged to have participated in the same act or in the same comprehensive transaction out of which the offense or offenses arose. Such defendants may be charged in one or more counts together or separately and all of the defendants need not be charged in each count.

(c) Two or more acts or transactions in violation of any provision or provisions of Sections 8A-2, 8A-3, 8A-4, 8A-4A and 8A-5 of the Illinois Public Aid Code, Sections 16-1, 16-2, 16-3, 16-5, 16-7, 16-8, 16-10, 16A-3, 16B-2, 16C-2, 16G-13, 16G-14, 16G-15, 16G-20, 17-1, 17-3, 17-6, 17-7, 17-8, 17-9 or 17-10 of the Criminal Code of 1961 and Section 118 of Division I of the Criminal Jurisprudence Act, may be charged as a single offense in a single count of the same indictment, information or complaint, if such acts or transactions by one or more defendants are in furtherance of a single intention and design or if the property, labor or services obtained are of the same person or are of several persons having a common interest in such property, labor or services. In such a charge, the period between the dates of the first and the final such acts or transactions may be alleged as the date of the offense and, if any such act or transaction by any defendant was committed in the county where the prosecution was commenced, such county may be alleged as the county of the offense.

(Source: P.A. 95-384, eff. 1-1-08.)

Section 99. Effective date. This Act takes effect upon becoming law.