Full Text of SB1928 103rd General Assembly
SB1928 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB1928 Introduced 2/9/2023, by Sen. Laura Ellman SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/1-6 | from Ch. 38, par. 1-6 |
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Amends the Criminal Code of 2012. Provides that a person charged with a violation of a municipal ordinance in which the prosecution is required to conform to the Code of Criminal Procedure of 1963 and the rules of evidence in a criminal proceeding may be tried: (1) in the county in which the office of the clerk of the charging municipality is located; or (2) in any county in which at least 35% of the territory within the charging municipality's corporate limits is located regardless of the county in which the violation was committed or occurred.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by | 5 | | changing Section 1-6 as follows:
| 6 | | (720 ILCS 5/1-6) (from Ch. 38, par. 1-6)
| 7 | | Sec. 1-6. Place of trial.
| 8 | | (a) Generally.
| 9 | | Criminal actions shall be tried
in the county where the | 10 | | offense was committed, except as otherwise provided
by law. | 11 | | The State is not required to prove during trial that the | 12 | | alleged
offense occurred in any particular county in this | 13 | | State. When a defendant
contests the place of trial under this | 14 | | Section, all proceedings regarding this
issue shall be | 15 | | conducted under Section 114-1 of the Code of Criminal | 16 | | Procedure
of 1963. All objections of improper place of trial | 17 | | are waived by a defendant
unless made before trial.
| 18 | | (b) Assailant and Victim in Different Counties.
| 19 | | If a person committing an offense upon the person of | 20 | | another is
located in one county and his victim is located in | 21 | | another county at the
time of the commission of the offense, | 22 | | trial may be had in either of
said counties.
| 23 | | (c) Death and Cause of Death in Different Places or |
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| 1 | | Undetermined.
| 2 | | If cause of death is inflicted in one county and death | 3 | | ensues in
another county, the offender may be tried in either | 4 | | county. If neither
the county in which the cause of death was | 5 | | inflicted nor the county in which
death ensued are known | 6 | | before trial, the offender may be tried in the county
where the | 7 | | body was found.
| 8 | | (d) Offense Commenced Outside the State.
| 9 | | If the commission of an offense commenced outside the | 10 | | State is
consummated within this State, the offender shall be | 11 | | tried in the county
where the offense is consummated.
| 12 | | (e) Offenses Committed in Bordering Navigable Waters.
| 13 | | If an offense is committed on any of the navigable waters | 14 | | bordering
on this State, the offender may be tried in any | 15 | | county adjacent to such
navigable water.
| 16 | | (f) Offenses Committed while in Transit.
| 17 | | If an offense is committed upon any railroad car, vehicle, | 18 | | watercraft
or aircraft passing within this State, and it | 19 | | cannot readily be
determined in which county the offense was | 20 | | committed, the offender may
be tried in any county through | 21 | | which such railroad car, vehicle,
watercraft or aircraft has | 22 | | passed.
| 23 | | (g) Theft.
| 24 | | A person who commits theft of property may be tried in any | 25 | | county in
which he exerted control over such property.
| 26 | | (h) Bigamy.
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| 1 | | A person who commits the offense of bigamy may be tried in | 2 | | any county
where the bigamous marriage or bigamous | 3 | | cohabitation has occurred.
| 4 | | (i) Kidnaping.
| 5 | | A person who commits the offense of kidnaping may be tried | 6 | | in any
county in which his victim has traveled or has been | 7 | | confined during the
course of the offense.
| 8 | | (j) Pandering.
| 9 | | A person who commits the offense of pandering as set forth | 10 | | in subdivision (a)(2)(A) or (a)(2)(B) of Section 11-14.3 may | 11 | | be tried in any
county in which the prostitution was practiced | 12 | | or in any county in which
any act in furtherance of the offense | 13 | | shall have been committed.
| 14 | | (k) Treason.
| 15 | | A person who commits the offense of treason may be tried in | 16 | | any
county.
| 17 | | (l) Criminal Defamation.
| 18 | | If criminal defamation is spoken, printed or written in | 19 | | one county
and is received or circulated in another or other | 20 | | counties, the offender
shall be tried in the county where the | 21 | | defamation is spoken, printed or
written. If the defamation is | 22 | | spoken, printed or written outside this
state, or the offender | 23 | | resides outside this state, the offender may be
tried in any | 24 | | county in this state in which the defamation was circulated
or | 25 | | received.
| 26 | | (m) Inchoate Offenses.
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| 1 | | A person who commits an inchoate offense may be tried in | 2 | | any county
in which any act which is an element of the offense, | 3 | | including the
agreement in conspiracy, is committed.
| 4 | | (n) Accountability for Conduct of Another.
| 5 | | Where a person in one county solicits, aids, abets, | 6 | | agrees, or
attempts to aid another in the planning or | 7 | | commission of an offense in
another county, he may be tried for | 8 | | the offense in either county.
| 9 | | (o) Child Abduction.
| 10 | | A person who commits the offense of child abduction may be | 11 | | tried in any
county in which his victim has traveled, been | 12 | | detained, concealed or
removed to during the course of the | 13 | | offense. Notwithstanding the foregoing,
unless for good cause | 14 | | shown, the preferred place of trial shall be the
county of the | 15 | | residence of the lawful custodian.
| 16 | | (p) A person who commits the offense of narcotics | 17 | | racketeering may be
tried in any county where cannabis or a | 18 | | controlled substance which is the
basis for the charge of | 19 | | narcotics racketeering was used; acquired;
transferred or | 20 | | distributed to, from or through; or any county where any act
| 21 | | was performed to further the use; acquisition, transfer or | 22 | | distribution of
said cannabis or controlled substance; any | 23 | | money, property, property
interest, or any other asset | 24 | | generated by narcotics activities was
acquired, used, sold, | 25 | | transferred or distributed to, from or through; or,
any | 26 | | enterprise interest obtained as a result of narcotics |
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| 1 | | racketeering was
acquired, used, transferred or distributed | 2 | | to, from or through, or where
any activity was conducted by the | 3 | | enterprise or any conduct to further the
interests of such an | 4 | | enterprise.
| 5 | | (q) A person who commits the offense of money laundering | 6 | | may be tried in
any county where any part of a financial | 7 | | transaction in criminally derived
property took place or in | 8 | | any county where any money or monetary instrument
which is the | 9 | | basis for the offense was acquired, used, sold, transferred or
| 10 | | distributed to, from or through.
| 11 | | (r) A person who commits the offense of cannabis | 12 | | trafficking or
controlled substance trafficking may be tried | 13 | | in any county. | 14 | | (s) A person who commits the offense of online sale of | 15 | | stolen property, online theft by deception, or electronic | 16 | | fencing may be tried in any county where any one or more | 17 | | elements of the offense took place, regardless of whether the | 18 | | element of the offense was the result of acts by the accused, | 19 | | the victim or by another person, and regardless of whether the | 20 | | defendant was ever physically present within the boundaries of | 21 | | the county. | 22 | | (t) A person who commits the offense of identity theft or | 23 | | aggravated identity theft may be tried in any one of the | 24 | | following counties in which: (1) the offense occurred;
(2) the | 25 | | information used to commit the offense was illegally used;
or | 26 | | (3) the victim resides. |
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| 1 | | (u) A person who commits the offense of financial | 2 | | exploitation of an elderly person or a person with a | 3 | | disability may be tried in any one of the following counties in | 4 | | which: (1) any part of the offense occurred; or (2) the victim | 5 | | or one of the victims reside. | 6 | | (v) A person charged with a violation of a municipal | 7 | | ordinance in which the prosecution is required to conform to | 8 | | the Code of Criminal Procedure of 1963 and the rules of | 9 | | evidence in a criminal proceeding may be tried: | 10 | | (1) in the county in which the office of the clerk of | 11 | | the charging municipality is located; or | 12 | | (2) in any county in which at least 35% of the | 13 | | territory within the charging municipality's corporate | 14 | | limits is located regardless of the county in which the | 15 | | violation was committed or occurred. | 16 | | If a person is charged with more than one violation of | 17 | | identity theft or aggravated identity theft and those | 18 | | violations may be tried in more than one county, any of those | 19 | | counties is a proper venue for all of the violations.
| 20 | | (Source: P.A. 101-394, eff. 1-1-20 .)
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