103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3451 Introduced , by Rep. Matt Hanson 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 27439 RLC 53811 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3451 Introduced , by Rep. Matt Hanson SYNOPSIS AS INTRODUCED: 720 ILCS 5/1-6 from Ch. 38, par. 1-6 720 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 27439 RLC 53811 b LRB103 27439 RLC 53811 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3451 Introduced , by Rep. Matt Hanson SYNOPSIS AS INTRODUCED:
720 ILCS 5/1-6 from Ch. 38, par. 1-6 720 ILCS 5/1-6 from Ch. 38, par. 1-6
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 27439 RLC 53811 b LRB103 27439 RLC 53811 b
LRB103 27439 RLC 53811 b
A BILL FOR
HB3451LRB103 27439 RLC 53811 b HB3451 LRB103 27439 RLC 53811 b
HB3451 LRB103 27439 RLC 53811 b
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
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3451 Introduced , by Rep. Matt Hanson SYNOPSIS AS INTRODUCED:
720 ILCS 5/1-6 from Ch. 38, par. 1-6 720 ILCS 5/1-6 from Ch. 38, par. 1-6
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 27439 RLC 53811 b LRB103 27439 RLC 53811 b
LRB103 27439 RLC 53811 b
A BILL FOR
720 ILCS 5/1-6 from Ch. 38, par. 1-6
LRB103 27439 RLC 53811 b
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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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