103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1928

 

Introduced 2/9/2023, by Sen. Laura Ellman

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/1-6  from Ch. 38, par. 1-6

    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.


LRB103 27437 RLC 53809 b

 

 

A BILL FOR

 

SB1928LRB103 27437 RLC 53809 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by
5changing 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
10offense was committed, except as otherwise provided by law.
11The State is not required to prove during trial that the
12alleged offense occurred in any particular county in this
13State. When a defendant contests the place of trial under this
14Section, all proceedings regarding this issue shall be
15conducted under Section 114-1 of the Code of Criminal
16Procedure of 1963. All objections of improper place of trial
17are 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
20another is located in one county and his victim is located in
21another county at the time of the commission of the offense,
22trial may be had in either of said counties.
23    (c) Death and Cause of Death in Different Places or

 

 

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1Undetermined.
2    If cause of death is inflicted in one county and death
3ensues in another county, the offender may be tried in either
4county. If neither the county in which the cause of death was
5inflicted nor the county in which death ensued are known
6before trial, the offender may be tried in the county where the
7body was found.
8    (d) Offense Commenced Outside the State.
9    If the commission of an offense commenced outside the
10State is consummated within this State, the offender shall be
11tried 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
14bordering on this State, the offender may be tried in any
15county adjacent to such navigable water.
16    (f) Offenses Committed while in Transit.
17    If an offense is committed upon any railroad car, vehicle,
18watercraft or aircraft passing within this State, and it
19cannot readily be determined in which county the offense was
20committed, the offender may be tried in any county through
21which such railroad car, vehicle, watercraft or aircraft has
22passed.
23    (g) Theft.
24    A person who commits theft of property may be tried in any
25county 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
2any county where the bigamous marriage or bigamous
3cohabitation has occurred.
4    (i) Kidnaping.
5    A person who commits the offense of kidnaping may be tried
6in any county in which his victim has traveled or has been
7confined during the course of the offense.
8    (j) Pandering.
9    A person who commits the offense of pandering as set forth
10in subdivision (a)(2)(A) or (a)(2)(B) of Section 11-14.3 may
11be tried in any county in which the prostitution was practiced
12or in any county in which any act in furtherance of the offense
13shall have been committed.
14    (k) Treason.
15    A person who commits the offense of treason may be tried in
16any county.
17    (l) Criminal Defamation.
18    If criminal defamation is spoken, printed or written in
19one county and is received or circulated in another or other
20counties, the offender shall be tried in the county where the
21defamation is spoken, printed or written. If the defamation is
22spoken, printed or written outside this state, or the offender
23resides outside this state, the offender may be tried in any
24county in this state in which the defamation was circulated or
25received.
26    (m) Inchoate Offenses.

 

 

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1    A person who commits an inchoate offense may be tried in
2any county in which any act which is an element of the offense,
3including the agreement in conspiracy, is committed.
4    (n) Accountability for Conduct of Another.
5    Where a person in one county solicits, aids, abets,
6agrees, or attempts to aid another in the planning or
7commission of an offense in another county, he may be tried for
8the offense in either county.
9    (o) Child Abduction.
10    A person who commits the offense of child abduction may be
11tried in any county in which his victim has traveled, been
12detained, concealed or removed to during the course of the
13offense. Notwithstanding the foregoing, unless for good cause
14shown, the preferred place of trial shall be the county of the
15residence of the lawful custodian.
16    (p) A person who commits the offense of narcotics
17racketeering may be tried in any county where cannabis or a
18controlled substance which is the basis for the charge of
19narcotics racketeering was used; acquired; transferred or
20distributed to, from or through; or any county where any act
21was performed to further the use; acquisition, transfer or
22distribution of said cannabis or controlled substance; any
23money, property, property interest, or any other asset
24generated by narcotics activities was acquired, used, sold,
25transferred or distributed to, from or through; or, any
26enterprise interest obtained as a result of narcotics

 

 

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1racketeering was acquired, used, transferred or distributed
2to, from or through, or where any activity was conducted by the
3enterprise or any conduct to further the interests of such an
4enterprise.
5    (q) A person who commits the offense of money laundering
6may be tried in any county where any part of a financial
7transaction in criminally derived property took place or in
8any county where any money or monetary instrument which is the
9basis for the offense was acquired, used, sold, transferred or
10distributed to, from or through.
11    (r) A person who commits the offense of cannabis
12trafficking or controlled substance trafficking may be tried
13in any county.
14    (s) A person who commits the offense of online sale of
15stolen property, online theft by deception, or electronic
16fencing may be tried in any county where any one or more
17elements of the offense took place, regardless of whether the
18element of the offense was the result of acts by the accused,
19the victim or by another person, and regardless of whether the
20defendant was ever physically present within the boundaries of
21the county.
22    (t) A person who commits the offense of identity theft or
23aggravated identity theft may be tried in any one of the
24following counties in which: (1) the offense occurred; (2) the
25information 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
2exploitation of an elderly person or a person with a
3disability may be tried in any one of the following counties in
4which: (1) any part of the offense occurred; or (2) the victim
5or one of the victims reside.
6    (v) A person charged with a violation of a municipal
7ordinance in which the prosecution is required to conform to
8the Code of Criminal Procedure of 1963 and the rules of
9evidence 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
17identity theft or aggravated identity theft and those
18violations may be tried in more than one county, any of those
19counties is a proper venue for all of the violations.
20(Source: P.A. 101-394, eff. 1-1-20.)