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91_HB0358
LRB9101169RCsb
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 1-5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 1-5 as follows:
7 (720 ILCS 5/1-5) (from Ch. 38, par. 1-5)
8 Sec. 1-5. State criminal jurisdiction.
9 (a) A person is subject to prosecution in this State for
10 an offense which he commits, while either within or outside
11 the State, by his own conduct or that of another for which he
12 is legally accountable, if:
13 (1) the offense is committed either wholly or
14 partly within the State; or
15 (2) the conduct outside the State constitutes an
16 attempt to commit an offense within the State; or
17 (3) the conduct outside the State constitutes a
18 conspiracy to commit an offense within the State, and an
19 act in furtherance of the conspiracy occurs in the State;
20 or
21 (4) the conduct within the State constitutes an
22 attempt, solicitation or conspiracy to commit in another
23 jurisdiction an offense under the laws of both this State
24 and such other jurisdiction.
25 (b) An offense is committed partly within this State, if
26 either the conduct which is an element of the offense, or the
27 result which is such an element, occurs within the State. In
28 a prosecution pursuant to paragraph (3) of subsection (a) of
29 Section 9-1, the attempt or commission of a forcible felony
30 other than second degree murder within this State is conduct
31 which is an a element of the offense for which a person is
-2- LRB9101169RCsb
1 subject to prosecution in this State. In homicide, the
2 "result" is either the physical contact which causes death,
3 or the death itself; and if the body of a homicide victim is
4 found within the State, the death is presumed to have
5 occurred within the State.
6 (c) An offense which is based on an omission to perform
7 a duty imposed by the law of this State is committed within
8 the State, regardless of the location of the offender at the
9 time of the omission.
10 (Source: P.A. 85-740; revised 10-31-98.)