1 | | - | HB3671 EngrossedLRB104 06260 RLC 16295 b HB3671 Engrossed LRB104 06260 RLC 16295 b |
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2 | | - | HB3671 Engrossed LRB104 06260 RLC 16295 b |
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| 1 | + | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB3671 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED: 720 ILCS 5/1-6 from Ch. 38, par. 1-6 Amends the Criminal Code of 2012. Provides that a person who commits the offense of non-consensual dissemination of private sexual images may be tried in any one of the following counties in which: (1) the offense occurred; or (2) the victim resides. LRB104 06260 RLC 16295 b A BILL FOR 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB3671 Introduced , by Rep. Terra Costa Howard 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 who commits the offense of non-consensual dissemination of private sexual images may be tried in any one of the following counties in which: (1) the offense occurred; or (2) the victim resides. LRB104 06260 RLC 16295 b LRB104 06260 RLC 16295 b A BILL FOR |
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| 2 | + | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB3671 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED: |
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| 3 | + | 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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| 4 | + | 720 ILCS 5/1-6 from Ch. 38, par. 1-6 |
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| 5 | + | Amends the Criminal Code of 2012. Provides that a person who commits the offense of non-consensual dissemination of private sexual images may be tried in any one of the following counties in which: (1) the offense occurred; or (2) the victim resides. |
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| 6 | + | LRB104 06260 RLC 16295 b LRB104 06260 RLC 16295 b |
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| 7 | + | LRB104 06260 RLC 16295 b |
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| 8 | + | A BILL FOR |
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| 9 | + | HB3671LRB104 06260 RLC 16295 b HB3671 LRB104 06260 RLC 16295 b |
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| 10 | + | HB3671 LRB104 06260 RLC 16295 b |
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3 | 11 | | 1 AN ACT concerning criminal law. |
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4 | 12 | | 2 Be it enacted by the People of the State of Illinois, |
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5 | 13 | | 3 represented in the General Assembly: |
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6 | 14 | | 4 Section 5. The Criminal Code of 2012 is amended by |
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7 | 15 | | 5 changing Section 1-6 as follows: |
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8 | 16 | | 6 (720 ILCS 5/1-6) (from Ch. 38, par. 1-6) |
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9 | 17 | | 7 Sec. 1-6. Place of trial. |
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10 | 18 | | 8 (a) Generally. |
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11 | 19 | | 9 Criminal actions shall be tried in the county where the |
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12 | 20 | | 10 offense was committed, except as otherwise provided by law. |
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13 | 21 | | 11 The State is not required to prove during trial that the |
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14 | 22 | | 12 alleged offense occurred in any particular county in this |
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15 | 23 | | 13 State. When a defendant contests the place of trial under this |
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16 | 24 | | 14 Section, all proceedings regarding this issue shall be |
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17 | 25 | | 15 conducted under Section 114-1 of the Code of Criminal |
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18 | 26 | | 16 Procedure of 1963. All objections of improper place of trial |
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19 | 27 | | 17 are waived by a defendant unless made before trial. |
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20 | 28 | | 18 (b) Assailant and Victim in Different Counties. |
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21 | 29 | | 19 If a person committing an offense upon the person of |
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22 | 30 | | 20 another is located in one county and his victim is located in |
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23 | 31 | | 21 another county at the time of the commission of the offense, |
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24 | 32 | | 22 trial may be had in either of said counties. |
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25 | 33 | | 23 (c) Death and Cause of Death in Different Places or |
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26 | 34 | | |
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27 | 35 | | |
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28 | 36 | | |
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29 | | - | HB3671 Engrossed LRB104 06260 RLC 16295 b |
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| 37 | + | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB3671 Introduced , by Rep. Terra Costa Howard SYNOPSIS AS INTRODUCED: |
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| 38 | + | 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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| 39 | + | 720 ILCS 5/1-6 from Ch. 38, par. 1-6 |
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| 40 | + | Amends the Criminal Code of 2012. Provides that a person who commits the offense of non-consensual dissemination of private sexual images may be tried in any one of the following counties in which: (1) the offense occurred; or (2) the victim resides. |
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| 41 | + | LRB104 06260 RLC 16295 b LRB104 06260 RLC 16295 b |
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| 42 | + | LRB104 06260 RLC 16295 b |
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| 43 | + | A BILL FOR |
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34 | 68 | | 1 Undetermined. |
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35 | 69 | | 2 If cause of death is inflicted in one county and death |
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36 | 70 | | 3 ensues in another county, the offender may be tried in either |
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37 | 71 | | 4 county. If neither the county in which the cause of death was |
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38 | 72 | | 5 inflicted nor the county in which death ensued are known |
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39 | 73 | | 6 before trial, the offender may be tried in the county where the |
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40 | 74 | | 7 body was found. |
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41 | 75 | | 8 (d) Offense Commenced Outside the State. |
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42 | 76 | | 9 If the commission of an offense commenced outside the |
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43 | 77 | | 10 State is consummated within this State, the offender shall be |
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44 | 78 | | 11 tried in the county where the offense is consummated. |
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45 | 79 | | 12 (e) Offenses Committed in Bordering Navigable Waters. |
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46 | 80 | | 13 If an offense is committed on any of the navigable waters |
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47 | 81 | | 14 bordering on this State, the offender may be tried in any |
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48 | 82 | | 15 county adjacent to such navigable water. |
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49 | 83 | | 16 (f) Offenses Committed while in Transit. |
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50 | 84 | | 17 If an offense is committed upon any railroad car, vehicle, |
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51 | 85 | | 18 watercraft or aircraft passing within this State, and it |
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52 | 86 | | 19 cannot readily be determined in which county the offense was |
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53 | 87 | | 20 committed, the offender may be tried in any county through |
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54 | 88 | | 21 which such railroad car, vehicle, watercraft or aircraft has |
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55 | 89 | | 22 passed. |
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56 | 90 | | 23 (g) Theft. |
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57 | 91 | | 24 A person who commits theft of property may be tried in any |
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58 | 92 | | 25 county in which he exerted control over such property. |
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59 | 93 | | 26 (h) Bigamy. |
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60 | 94 | | |
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61 | 95 | | |
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62 | 96 | | |
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63 | 97 | | |
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64 | 98 | | |
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70 | 104 | | 1 A person who commits the offense of bigamy may be tried in |
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71 | 105 | | 2 any county where the bigamous marriage or bigamous |
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72 | 106 | | 3 cohabitation has occurred. |
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73 | 107 | | 4 (i) Kidnaping. |
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74 | 108 | | 5 A person who commits the offense of kidnaping may be tried |
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75 | 109 | | 6 in any county in which his victim has traveled or has been |
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76 | 110 | | 7 confined during the course of the offense. |
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77 | 111 | | 8 (j) Pandering. |
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78 | 112 | | 9 A person who commits the offense of pandering as set forth |
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79 | 113 | | 10 in subdivision (a)(2)(A) or (a)(2)(B) of Section 11-14.3 may |
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80 | 114 | | 11 be tried in any county in which the prostitution was practiced |
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81 | 115 | | 12 or in any county in which any act in furtherance of the offense |
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82 | 116 | | 13 shall have been committed. |
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83 | 117 | | 14 (k) Treason. |
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84 | 118 | | 15 A person who commits the offense of treason may be tried in |
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85 | 119 | | 16 any county. |
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86 | 120 | | 17 (l) Criminal Defamation. |
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87 | 121 | | 18 If criminal defamation is spoken, printed or written in |
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88 | 122 | | 19 one county and is received or circulated in another or other |
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89 | 123 | | 20 counties, the offender shall be tried in the county where the |
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90 | 124 | | 21 defamation is spoken, printed or written. If the defamation is |
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91 | 125 | | 22 spoken, printed or written outside this state, or the offender |
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92 | 126 | | 23 resides outside this state, the offender may be tried in any |
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93 | 127 | | 24 county in this state in which the defamation was circulated or |
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94 | 128 | | 25 received. |
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95 | 129 | | 26 (m) Inchoate Offenses. |
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96 | 130 | | |
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97 | 131 | | |
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98 | 132 | | |
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99 | 133 | | |
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100 | 134 | | |
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106 | 140 | | 1 A person who commits an inchoate offense may be tried in |
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107 | 141 | | 2 any county in which any act which is an element of the offense, |
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108 | 142 | | 3 including the agreement in conspiracy, is committed. |
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109 | 143 | | 4 (n) Accountability for Conduct of Another. |
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110 | 144 | | 5 Where a person in one county solicits, aids, abets, |
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111 | 145 | | 6 agrees, or attempts to aid another in the planning or |
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112 | 146 | | 7 commission of an offense in another county, he may be tried for |
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113 | 147 | | 8 the offense in either county. |
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114 | 148 | | 9 (o) Child Abduction. |
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115 | 149 | | 10 A person who commits the offense of child abduction may be |
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116 | 150 | | 11 tried in any county in which his victim has traveled, been |
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117 | 151 | | 12 detained, concealed or removed to during the course of the |
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118 | 152 | | 13 offense. Notwithstanding the foregoing, unless for good cause |
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119 | 153 | | 14 shown, the preferred place of trial shall be the county of the |
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120 | 154 | | 15 residence of the lawful custodian. |
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121 | 155 | | 16 (p) A person who commits the offense of narcotics |
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122 | 156 | | 17 racketeering may be tried in any county where cannabis or a |
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123 | 157 | | 18 controlled substance which is the basis for the charge of |
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124 | 158 | | 19 narcotics racketeering was used; acquired; transferred or |
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125 | 159 | | 20 distributed to, from or through; or any county where any act |
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126 | 160 | | 21 was performed to further the use; acquisition, transfer or |
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127 | 161 | | 22 distribution of said cannabis or controlled substance; any |
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128 | 162 | | 23 money, property, property interest, or any other asset |
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129 | 163 | | 24 generated by narcotics activities was acquired, used, sold, |
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130 | 164 | | 25 transferred or distributed to, from or through; or, any |
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131 | 165 | | 26 enterprise interest obtained as a result of narcotics |
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132 | 166 | | |
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133 | 167 | | |
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134 | 168 | | |
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135 | 169 | | |
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136 | 170 | | |
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142 | 176 | | 1 racketeering was acquired, used, transferred or distributed |
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143 | 177 | | 2 to, from or through, or where any activity was conducted by the |
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144 | 178 | | 3 enterprise or any conduct to further the interests of such an |
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145 | 179 | | 4 enterprise. |
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146 | 180 | | 5 (q) A person who commits the offense of money laundering |
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147 | 181 | | 6 may be tried in any county where any part of a financial |
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148 | 182 | | 7 transaction in criminally derived property took place or in |
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149 | 183 | | 8 any county where any money or monetary instrument which is the |
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150 | 184 | | 9 basis for the offense was acquired, used, sold, transferred or |
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151 | 185 | | 10 distributed to, from or through. |
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152 | 186 | | 11 (r) A person who commits the offense of cannabis |
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153 | 187 | | 12 trafficking or controlled substance trafficking may be tried |
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154 | 188 | | 13 in any county. |
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155 | 189 | | 14 (s) A person who commits the offense of online sale of |
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156 | 190 | | 15 stolen property, online theft by deception, or electronic |
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157 | 191 | | 16 fencing may be tried in any county where any one or more |
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158 | 192 | | 17 elements of the offense took place, regardless of whether the |
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159 | 193 | | 18 element of the offense was the result of acts by the accused, |
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160 | 194 | | 19 the victim or by another person, and regardless of whether the |
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161 | 195 | | 20 defendant was ever physically present within the boundaries of |
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162 | 196 | | 21 the county. |
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163 | 197 | | 22 (t) A person who commits the offense of identity theft or |
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164 | 198 | | 23 aggravated identity theft may be tried in any one of the |
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165 | 199 | | 24 following counties in which: (1) the offense occurred; (2) the |
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166 | 200 | | 25 information used to commit the offense was illegally used; or |
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167 | 201 | | 26 (3) the victim resides. |
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168 | 202 | | |
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170 | 204 | | |
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171 | 205 | | |
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172 | 206 | | |
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176 | | - | HB3671 Engrossed- 6 -LRB104 06260 RLC 16295 b HB3671 Engrossed - 6 - LRB104 06260 RLC 16295 b |
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177 | | - | HB3671 Engrossed - 6 - LRB104 06260 RLC 16295 b |
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178 | | - | 1 (u) A person who commits the offense of financial |
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179 | | - | 2 exploitation of an elderly person or a person with a |
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180 | | - | 3 disability may be tried in any one of the following counties in |
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181 | | - | 4 which: (1) any part of the offense occurred; or (2) the victim |
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182 | | - | 5 or one of the victims reside. |
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183 | | - | 6 If a person is charged with more than one violation of |
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184 | | - | 7 identity theft or aggravated identity theft and those |
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185 | | - | 8 violations may be tried in more than one county, any of those |
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186 | | - | 9 counties is a proper venue for all of the violations. |
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187 | | - | 10 (v) A person who commits the offense of non-consensual |
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188 | | - | 11 dissemination of private sexual images may be tried in any one |
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189 | | - | 12 of the following counties in which: (1) the offense occurred; |
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190 | | - | 13 or (2) the victim resides. |
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191 | | - | 14 (Source: P.A. 101-394, eff. 1-1-20.) |
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| 210 | + | HB3671- 6 -LRB104 06260 RLC 16295 b HB3671 - 6 - LRB104 06260 RLC 16295 b |
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| 211 | + | HB3671 - 6 - LRB104 06260 RLC 16295 b |
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