IL
Illinois House Bill HB3451

Illinois 2023-2024 Regular Session

Illinois House Bill HB3451 Compare Versions

Only one version of the bill is available at this time.
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11 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
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3451 Introduced , by Rep. Matt Hanson SYNOPSIS AS INTRODUCED:
33 720 ILCS 5/1-6 from Ch. 38, par. 1-6 720 ILCS 5/1-6 from Ch. 38, par. 1-6
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55 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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1111 1 AN ACT concerning criminal law.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Criminal Code of 2012 is amended by
1515 5 changing Section 1-6 as follows:
1616 6 (720 ILCS 5/1-6) (from Ch. 38, par. 1-6)
1717 7 Sec. 1-6. Place of trial.
1818 8 (a) Generally.
1919 9 Criminal actions shall be tried in the county where the
2020 10 offense was committed, except as otherwise provided by law.
2121 11 The State is not required to prove during trial that the
2222 12 alleged offense occurred in any particular county in this
2323 13 State. When a defendant contests the place of trial under this
2424 14 Section, all proceedings regarding this issue shall be
2525 15 conducted under Section 114-1 of the Code of Criminal
2626 16 Procedure of 1963. All objections of improper place of trial
2727 17 are waived by a defendant unless made before trial.
2828 18 (b) Assailant and Victim in Different Counties.
2929 19 If a person committing an offense upon the person of
3030 20 another is located in one county and his victim is located in
3131 21 another county at the time of the commission of the offense,
3232 22 trial may be had in either of said counties.
3333 23 (c) Death and Cause of Death in Different Places or
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3838 720 ILCS 5/1-6 from Ch. 38, par. 1-6 720 ILCS 5/1-6 from Ch. 38, par. 1-6
3939 720 ILCS 5/1-6 from Ch. 38, par. 1-6
4040 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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6868 1 Undetermined.
6969 2 If cause of death is inflicted in one county and death
7070 3 ensues in another county, the offender may be tried in either
7171 4 county. If neither the county in which the cause of death was
7272 5 inflicted nor the county in which death ensued are known
7373 6 before trial, the offender may be tried in the county where the
7474 7 body was found.
7575 8 (d) Offense Commenced Outside the State.
7676 9 If the commission of an offense commenced outside the
7777 10 State is consummated within this State, the offender shall be
7878 11 tried in the county where the offense is consummated.
7979 12 (e) Offenses Committed in Bordering Navigable Waters.
8080 13 If an offense is committed on any of the navigable waters
8181 14 bordering on this State, the offender may be tried in any
8282 15 county adjacent to such navigable water.
8383 16 (f) Offenses Committed while in Transit.
8484 17 If an offense is committed upon any railroad car, vehicle,
8585 18 watercraft or aircraft passing within this State, and it
8686 19 cannot readily be determined in which county the offense was
8787 20 committed, the offender may be tried in any county through
8888 21 which such railroad car, vehicle, watercraft or aircraft has
8989 22 passed.
9090 23 (g) Theft.
9191 24 A person who commits theft of property may be tried in any
9292 25 county in which he exerted control over such property.
9393 26 (h) Bigamy.
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104104 1 A person who commits the offense of bigamy may be tried in
105105 2 any county where the bigamous marriage or bigamous
106106 3 cohabitation has occurred.
107107 4 (i) Kidnaping.
108108 5 A person who commits the offense of kidnaping may be tried
109109 6 in any county in which his victim has traveled or has been
110110 7 confined during the course of the offense.
111111 8 (j) Pandering.
112112 9 A person who commits the offense of pandering as set forth
113113 10 in subdivision (a)(2)(A) or (a)(2)(B) of Section 11-14.3 may
114114 11 be tried in any county in which the prostitution was practiced
115115 12 or in any county in which any act in furtherance of the offense
116116 13 shall have been committed.
117117 14 (k) Treason.
118118 15 A person who commits the offense of treason may be tried in
119119 16 any county.
120120 17 (l) Criminal Defamation.
121121 18 If criminal defamation is spoken, printed or written in
122122 19 one county and is received or circulated in another or other
123123 20 counties, the offender shall be tried in the county where the
124124 21 defamation is spoken, printed or written. If the defamation is
125125 22 spoken, printed or written outside this state, or the offender
126126 23 resides outside this state, the offender may be tried in any
127127 24 county in this state in which the defamation was circulated or
128128 25 received.
129129 26 (m) Inchoate Offenses.
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140140 1 A person who commits an inchoate offense may be tried in
141141 2 any county in which any act which is an element of the offense,
142142 3 including the agreement in conspiracy, is committed.
143143 4 (n) Accountability for Conduct of Another.
144144 5 Where a person in one county solicits, aids, abets,
145145 6 agrees, or attempts to aid another in the planning or
146146 7 commission of an offense in another county, he may be tried for
147147 8 the offense in either county.
148148 9 (o) Child Abduction.
149149 10 A person who commits the offense of child abduction may be
150150 11 tried in any county in which his victim has traveled, been
151151 12 detained, concealed or removed to during the course of the
152152 13 offense. Notwithstanding the foregoing, unless for good cause
153153 14 shown, the preferred place of trial shall be the county of the
154154 15 residence of the lawful custodian.
155155 16 (p) A person who commits the offense of narcotics
156156 17 racketeering may be tried in any county where cannabis or a
157157 18 controlled substance which is the basis for the charge of
158158 19 narcotics racketeering was used; acquired; transferred or
159159 20 distributed to, from or through; or any county where any act
160160 21 was performed to further the use; acquisition, transfer or
161161 22 distribution of said cannabis or controlled substance; any
162162 23 money, property, property interest, or any other asset
163163 24 generated by narcotics activities was acquired, used, sold,
164164 25 transferred or distributed to, from or through; or, any
165165 26 enterprise interest obtained as a result of narcotics
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176176 1 racketeering was acquired, used, transferred or distributed
177177 2 to, from or through, or where any activity was conducted by the
178178 3 enterprise or any conduct to further the interests of such an
179179 4 enterprise.
180180 5 (q) A person who commits the offense of money laundering
181181 6 may be tried in any county where any part of a financial
182182 7 transaction in criminally derived property took place or in
183183 8 any county where any money or monetary instrument which is the
184184 9 basis for the offense was acquired, used, sold, transferred or
185185 10 distributed to, from or through.
186186 11 (r) A person who commits the offense of cannabis
187187 12 trafficking or controlled substance trafficking may be tried
188188 13 in any county.
189189 14 (s) A person who commits the offense of online sale of
190190 15 stolen property, online theft by deception, or electronic
191191 16 fencing may be tried in any county where any one or more
192192 17 elements of the offense took place, regardless of whether the
193193 18 element of the offense was the result of acts by the accused,
194194 19 the victim or by another person, and regardless of whether the
195195 20 defendant was ever physically present within the boundaries of
196196 21 the county.
197197 22 (t) A person who commits the offense of identity theft or
198198 23 aggravated identity theft may be tried in any one of the
199199 24 following counties in which: (1) the offense occurred; (2) the
200200 25 information used to commit the offense was illegally used; or
201201 26 (3) the victim resides.
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212212 1 (u) A person who commits the offense of financial
213213 2 exploitation of an elderly person or a person with a
214214 3 disability may be tried in any one of the following counties in
215215 4 which: (1) any part of the offense occurred; or (2) the victim
216216 5 or one of the victims reside.
217217 6 (v) A person charged with a violation of a municipal
218218 7 ordinance in which the prosecution is required to conform to
219219 8 the Code of Criminal Procedure of 1963 and the rules of
220220 9 evidence in a criminal proceeding may be tried:
221221 10 (1) in the county in which the office of the clerk of
222222 11 the charging municipality is located; or
223223 12 (2) in any county in which at least 35% of the
224224 13 territory within the charging municipality's corporate
225225 14 limits is located regardless of the county in which the
226226 15 violation was committed or occurred.
227227 16 If a person is charged with more than one violation of
228228 17 identity theft or aggravated identity theft and those
229229 18 violations may be tried in more than one county, any of those
230230 19 counties is a proper venue for all of the violations.
231231 20 (Source: P.A. 101-394, eff. 1-1-20.)
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