Bill Text: IL SB1928 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2023-03-10 - Rule 3-9(a) / Re-referred to Assignments [SB1928 Detail]
Download: Illinois-2023-SB1928-Introduced.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 2012 is amended by | |||||||||||||||||||
5 | changing Section 1-6 as follows:
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6 | (720 ILCS 5/1-6) (from Ch. 38, par. 1-6)
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7 | Sec. 1-6. Place of trial.
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8 | (a) Generally.
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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.
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18 | (b) Assailant and Victim in Different Counties.
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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.
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23 | (c) Death and Cause of Death in Different Places or |
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1 | Undetermined.
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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.
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8 | (d) Offense Commenced Outside the State.
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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.
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12 | (e) Offenses Committed in Bordering Navigable Waters.
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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.
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16 | (f) Offenses Committed while in Transit.
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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.
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23 | (g) Theft.
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24 | A person who commits theft of property may be tried in any | ||||||
25 | county in
which he exerted control over such property.
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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.
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4 | (i) Kidnaping.
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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.
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8 | (j) Pandering.
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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.
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14 | (k) Treason.
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15 | A person who commits the offense of treason may be tried in | ||||||
16 | any
county.
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17 | (l) Criminal Defamation.
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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.
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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.
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4 | (n) Accountability for Conduct of Another.
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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.
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9 | (o) Child Abduction.
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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.
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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
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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.
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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
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10 | distributed to, from or through.
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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.
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20 | (Source: P.A. 101-394, eff. 1-1-20 .)
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