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| Public Act 101-0394 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 10. The Criminal Code of 2012 is amended by | ||||
changing Sections 1-6, 16-1, and 17-56 as follows:
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(720 ILCS 5/1-6) (from Ch. 38, par. 1-6)
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Sec. 1-6. Place of trial.
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(a) Generally.
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Criminal actions shall be tried
in the county where the | ||||
offense was committed, except as otherwise provided
by law. The | ||||
State is not required to prove during trial that the alleged
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offense occurred in any particular county in this State. When a | ||||
defendant
contests the place of trial under this Section, all | ||||
proceedings regarding this
issue shall be conducted under | ||||
Section 114-1 of the Code of Criminal Procedure
of 1963. All | ||||
objections of improper place of trial are waived by a defendant
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unless made before trial.
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(b) Assailant and Victim in Different Counties.
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If a person committing an offense upon the person of | ||||
another is
located in one county and his victim is located in | ||||
another county at the
time of the commission of the offense, | ||||
trial may be had in either of
said counties.
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(c) Death and Cause of Death in Different Places or | ||||
Undetermined.
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If cause of death is inflicted in one county and death | ||
ensues in
another county, the offender may be tried in either | ||
county. If neither
the county in which the cause of death was | ||
inflicted nor the county in which
death ensued are known before | ||
trial, the offender may be tried in the county
where the body | ||
was found.
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(d) Offense Commenced Outside the State.
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If the commission of an offense commenced outside the State | ||
is
consummated within this State, the offender shall be tried | ||
in the county
where the offense is consummated.
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(e) Offenses Committed in Bordering Navigable Waters.
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If an offense is committed on any of the navigable waters | ||
bordering
on this State, the offender may be tried in any | ||
county adjacent to such
navigable water.
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(f) Offenses Committed while in Transit.
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If an offense is committed upon any railroad car, vehicle, | ||
watercraft
or aircraft passing within this State, and it cannot | ||
readily be
determined in which county the offense was | ||
committed, the offender may
be tried in any county through | ||
which such railroad car, vehicle,
watercraft or aircraft has | ||
passed.
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(g) Theft.
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A person who commits theft of property may be tried in any | ||
county in
which he exerted control over such property.
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(h) Bigamy.
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A person who commits the offense of bigamy may be tried in | ||
any county
where the bigamous marriage or bigamous cohabitation | ||
has occurred.
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(i) Kidnaping.
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A person who commits the offense of kidnaping may be tried | ||
in any
county in which his victim has traveled or has been | ||
confined during the
course of the offense.
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(j) Pandering.
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A person who commits the offense of pandering as set forth | ||
in subdivision (a)(2)(A) or (a)(2)(B) of Section 11-14.3 may be | ||
tried in any
county in which the prostitution was practiced or | ||
in any county in which
any act in furtherance of the offense | ||
shall have been committed.
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(k) Treason.
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A person who commits the offense of treason may be tried in | ||
any
county.
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(l) Criminal Defamation.
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If criminal defamation is spoken, printed or written in one | ||
county
and is received or circulated in another or other | ||
counties, the offender
shall be tried in the county where the | ||
defamation is spoken, printed or
written. If the defamation is | ||
spoken, printed or written outside this
state, or the offender | ||
resides outside this state, the offender may be
tried in any | ||
county in this state in which the defamation was circulated
or | ||
received.
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(m) Inchoate Offenses.
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A person who commits an inchoate offense may be tried in | ||
any county
in which any act which is an element of the offense, | ||
including the
agreement in conspiracy, is committed.
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(n) Accountability for Conduct of Another.
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Where a person in one county solicits, aids, abets, agrees, | ||
or
attempts to aid another in the planning or commission of an | ||
offense in
another county, he may be tried for the offense in | ||
either county.
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(o) Child Abduction.
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A person who commits the offense of child abduction may be | ||
tried in any
county in which his victim has traveled, been | ||
detained, concealed or
removed to during the course of the | ||
offense. Notwithstanding the foregoing,
unless for good cause | ||
shown, the preferred place of trial shall be the
county of the | ||
residence of the lawful custodian.
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(p) A person who commits the offense of narcotics | ||
racketeering may be
tried in any county where cannabis or a | ||
controlled substance which is the
basis for the charge of | ||
narcotics racketeering was used; acquired;
transferred or | ||
distributed to, from or through; or any county where any act
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was performed to further the use; acquisition, transfer or | ||
distribution of
said cannabis or controlled substance; any | ||
money, property, property
interest, or any other asset | ||
generated by narcotics activities was
acquired, used, sold, | ||
transferred or distributed to, from or through; or,
any | ||
enterprise interest obtained as a result of narcotics | ||
racketeering was
acquired, used, transferred or distributed | ||
to, from or through, or where
any activity was conducted by the | ||
enterprise or any conduct to further the
interests of such an | ||
enterprise.
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(q) A person who commits the offense of money laundering | ||
may be tried in
any county where any part of a financial | ||
transaction in criminally derived
property took place or in any | ||
county where any money or monetary instrument
which is the | ||
basis for the offense was acquired, used, sold, transferred or
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distributed to, from or through.
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(r) A person who commits the offense of cannabis | ||
trafficking or
controlled substance trafficking may be tried in | ||
any county. | ||
(s) A person who commits the offense of online sale of | ||
stolen property, online theft by deception, or electronic | ||
fencing may be tried in any county where any one or more | ||
elements of the offense took place, regardless of whether the | ||
element of the offense was the result of acts by the accused, | ||
the victim or by another person, and regardless of whether the | ||
defendant was ever physically present within the boundaries of | ||
the county. | ||
(t) A person who commits the offense of identity theft or | ||
aggravated identity theft may be tried in any one of the | ||
following counties in which: (1) the offense occurred;
(2) the | ||
information used to commit the offense was illegally used;
or | ||
(3) the victim resides. | ||
(u) A person who commits the offense of financial | ||
exploitation of an elderly person or a person with a disability | ||
may be tried in any one of the following counties in which: (1) | ||
any part of the offense occurred; or (2) the victim or one of | ||
the victims reside. | ||
If a person is charged with more than one violation of | ||
identity theft or aggravated identity theft and those | ||
violations may be tried in more than one county, any of those | ||
counties is a proper venue for all of the violations.
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(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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(720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
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Sec. 16-1. Theft.
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(a) A person commits theft when he or she knowingly:
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(1) Obtains or exerts unauthorized control over | ||
property of the
owner; or
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(2) Obtains by deception control over property of the | ||
owner; or
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(3) Obtains by threat control over property of the | ||
owner; or
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(4) Obtains control over stolen property knowing the | ||
property to
have been stolen or under such circumstances as | ||
would
reasonably induce him or her to believe that the | ||
property was stolen; or
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(5) Obtains or exerts control over property in the | ||
custody of any law
enforcement agency which any law | ||
enforcement officer or any individual acting in behalf of a | ||
law enforcement agency explicitly represents to the person | ||
as being stolen or represents to the person such | ||
circumstances as would reasonably induce the person to | ||
believe that the property was stolen, and
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(A) Intends to deprive the owner permanently of the | ||
use or
benefit of the property; or
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(B) Knowingly uses, conceals or abandons the | ||
property in such
manner as to deprive the owner | ||
permanently of such use or benefit; or
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(C) Uses, conceals, or abandons the property | ||
knowing such use,
concealment or abandonment probably | ||
will deprive the owner permanently
of such use or | ||
benefit.
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(b) Sentence.
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(1) Theft of property not from the person and
not | ||
exceeding $500 in value is a Class A misdemeanor.
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(1.1) Theft of property not from the person and
not | ||
exceeding $500 in value is a Class 4 felony if the theft | ||
was committed in a
school or place of worship or if the | ||
theft was of governmental property.
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(2) A person who has been convicted of theft of | ||
property not from the
person and not exceeding
$500 in | ||
value who has been
previously convicted of any type of | ||
theft, robbery, armed robbery,
burglary, residential | ||
burglary, possession of burglary tools, home
invasion, | ||
forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or | ||
4-103.3
of the Illinois Vehicle Code relating to the | ||
possession of a stolen or
converted motor vehicle, or a | ||
violation of Section 17-36 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012, or Section 8 of the Illinois | ||
Credit
Card and Debit Card Act is guilty of a Class 4 | ||
felony.
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(3) (Blank).
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(4) Theft of property from the person not exceeding | ||
$500 in value, or
theft of
property exceeding $500 and not | ||
exceeding $10,000 in value, is a
Class 3 felony.
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(4.1) Theft of property from the person not exceeding | ||
$500 in value, or
theft of property exceeding $500 and not | ||
exceeding $10,000 in value, is a Class
2 felony if the | ||
theft was committed in a school or place of worship or if | ||
the theft was of governmental property.
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(5) Theft of property exceeding $10,000 and not | ||
exceeding
$100,000 in value is a Class 2 felony.
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(5.1) Theft of property exceeding $10,000 and not | ||
exceeding $100,000 in
value is a Class 1 felony
if the | ||
theft was committed in a school or place of worship or if | ||
the theft was of governmental property.
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(6) Theft of property exceeding $100,000 and not | ||
exceeding $500,000 in
value is a Class 1 felony.
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(6.1) Theft of property exceeding $100,000 in value is | ||
a Class X felony
if the theft was committed in a school or | ||
place of worship or if the theft was of governmental | ||
property.
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(6.2) Theft of property exceeding $500,000 and not | ||
exceeding $1,000,000 in value is a Class 1
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non-probationable
felony.
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(6.3) Theft of property exceeding $1,000,000 in value | ||
is a Class X felony.
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(7) Theft by deception, as described by paragraph (2) | ||
of
subsection (a) of
this Section, in which the offender | ||
obtained money or property valued at
$5,000 or more from a | ||
victim 60 years of age or older or a person with a | ||
disability is a Class 2 felony.
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(8) Theft by deception, as described by paragraph (2) | ||
of
subsection (a) of
this Section, in which the offender | ||
falsely poses as a landlord or agent or employee of the | ||
landlord and obtains a rent payment or a security deposit | ||
from a tenant is a Class 3 felony if the rent payment or | ||
security deposit obtained does not exceed $500. | ||
(9) Theft by deception, as described by paragraph (2) | ||
of
subsection (a) of
this Section, in which the offender | ||
falsely poses as a landlord or agent or employee of the | ||
landlord and obtains a rent payment or a security deposit | ||
from a tenant is a Class 2 felony if the rent payment or | ||
security deposit obtained exceeds $500 and does not exceed | ||
$10,000. | ||
(10) Theft by deception, as described by paragraph (2) | ||
of
subsection (a) of
this Section, in which the offender | ||
falsely poses as a landlord or agent or employee of the | ||
landlord and obtains a rent payment or a security deposit | ||
from a tenant is a Class 1 felony if the rent payment or | ||
security deposit obtained exceeds $10,000 and does not | ||
exceed $100,000. | ||
(11) Theft by deception, as described by paragraph (2) | ||
of
subsection (a) of
this Section, in which the offender | ||
falsely poses as a landlord or agent or employee of the | ||
landlord and obtains a rent payment or a security deposit | ||
from a tenant is a Class X felony if the rent payment or | ||
security deposit obtained exceeds $100,000. | ||
(c) When a charge of theft of property exceeding a | ||
specified value
is brought, the value of the property involved | ||
is an element of the offense
to be resolved by the trier of | ||
fact as either exceeding or not exceeding
the specified value.
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(d) Theft by lessee; permissive inference. The trier of | ||
fact may infer evidence that a person intends to deprive the | ||
owner permanently of the use or benefit of the property (1) if | ||
a
lessee of the personal property of another fails to return it | ||
to the
owner within 10 days after written demand from the owner | ||
for its
return or (2) if a lessee of the personal property of | ||
another fails to return
it to the owner within 24 hours after | ||
written demand from the owner for its
return and the lessee had | ||
presented identification to the owner that contained
a | ||
materially fictitious name, address, or telephone number. A | ||
notice in
writing, given after the expiration of the leasing | ||
agreement, addressed and
mailed, by registered mail, to the | ||
lessee at the address given by him and shown
on the leasing | ||
agreement shall constitute proper demand. | ||
(e) Permissive inference; evidence of intent that a person | ||
obtains by deception control over property. The trier of fact | ||
may infer that a person
"knowingly obtains by deception control | ||
over property of the owner" when he or she
fails to return, | ||
within 45 days after written demand from the owner, the
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downpayment and any additional payments accepted under a | ||
promise, oral or
in writing, to perform services for the owner | ||
for consideration of $3,000
or more, and the promisor knowingly | ||
without good cause failed to
substantially perform pursuant to | ||
the agreement after taking a down payment
of 10% or more of the | ||
agreed upon consideration.
This provision shall not apply where | ||
the owner initiated the suspension of
performance under the | ||
agreement, or where the promisor responds to the
notice within | ||
the 45-day notice period. A notice in writing, addressed and
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mailed, by registered mail, to the promisor at the last known | ||
address of
the promisor, shall constitute proper demand. | ||
(f) Offender's interest in the property. | ||
(1) It is no defense to a charge of theft of property | ||
that the offender
has an interest therein, when the owner | ||
also has an interest to which the
offender is not entitled. | ||
(2) Where the property involved is that of the | ||
offender's spouse, no
prosecution for theft may be | ||
maintained unless the parties were not living
together as | ||
man and wife and were living in separate abodes at the time | ||
of
the alleged theft. | ||
(Source: P.A. 96-496, eff. 1-1-10; 96-534, eff. 8-14-09; | ||
96-1000, eff. 7-2-10; 96-1301, eff. 1-1-11; 96-1532, eff. | ||
1-1-12; 96-1551, eff. 7-1-11; 97-597, eff. 1-1-12; 97-1150, | ||
eff. 1-25-13.)
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(720 ILCS 5/17-56) (was 720 ILCS 5/16-1.3)
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Sec. 17-56. Financial exploitation of an elderly person or | ||
a
person with a disability.
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(a) A person commits financial exploitation of an elderly
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person or a person with a disability when he or she stands in a
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position of trust
or confidence with the
elderly person or a | ||
person with a disability
and he
or she knowingly: and | ||
(1) by
deception or
intimidation obtains control over | ||
the property of an elderly person or
a person
with a | ||
disability;
or | ||
(2) illegally uses the assets or resources of an | ||
elderly person or a
person with a disability.
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(b) Sentence. Financial exploitation of an elderly person | ||
or a person
with a
disability is: (1) a Class 4
felony if the | ||
value of the property is $300 or less, (2) a Class 3 felony if
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the value of the property is more than $300 but less than | ||
$5,000, (3) a Class 2
felony if the value of the property is | ||
$5,000 or more but less than
$50,000, and (4) a Class 1 felony | ||
if the value of the property is $50,000 or more
or if the | ||
elderly person is over 70 years of age and the value of the
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property is $15,000 or more or if the elderly person is 80 | ||
years of age or
older and the value of the property is $5,000 | ||
or more.
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(c) For purposes of this Section:
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(1) "Elderly person" means a person 60
years of age or | ||
older.
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(2) "Person with a disability" means a person who
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suffers from a physical or mental impairment resulting from
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disease, injury, functional disorder or congenital | ||
condition that impairs the
individual's mental or physical | ||
ability to independently manage his or her
property or | ||
financial resources, or both.
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(3) "Intimidation" means the communication to an | ||
elderly person or a
person with a disability that he or she | ||
shall be deprived of food and
nutrition,
shelter, | ||
prescribed
medication or medical care and treatment or | ||
conduct as provided in Section 12-6 of this Code.
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(4) "Deception" means, in addition to its meaning as | ||
defined in Section
15-4 of this Code,
a misrepresentation | ||
or concealment of material fact
relating to the terms of a | ||
contract or agreement entered into with the
elderly person | ||
or person with a disability or to the
existing or
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pre-existing condition of
any of the property involved in | ||
such contract or agreement; or the use or
employment of any | ||
misrepresentation, false pretense or false promise in
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order to induce, encourage or solicit the elderly person or
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person with
a disability to
enter into a contract or | ||
agreement.
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The illegal use of the assets or resources of an
elderly | ||
person or a person with a disability includes, but is not | ||
limited
to, the misappropriation of those assets or resources | ||
by undue influence,
breach of a fiduciary relationship, fraud, | ||
deception, extortion, or
use of the assets or resources | ||
contrary to law. | ||
A person stands in a position of
trust and confidence with | ||
an elderly person or person with a
disability when he (i) is a
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parent, spouse, adult child or other relative by blood or | ||
marriage of the
elderly person or person with a disability, | ||
(ii) is a joint
tenant or
tenant in common with
the elderly | ||
person or person with a disability, (iii) has
a legal or
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fiduciary relationship
with the elderly person or person with a | ||
disability, (iv) is a financial
planning or investment | ||
professional, or (v) is a paid or unpaid caregiver for the | ||
elderly person or person with a disability.
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(d) Limitations. Nothing in this Section shall be construed | ||
to limit the remedies
available to the victim under the | ||
Illinois Domestic Violence Act of 1986.
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(e) Good faith efforts. Nothing in this Section shall be | ||
construed to impose criminal
liability on a person who has made | ||
a good faith effort to assist the
elderly person or person with | ||
a disability in the
management of his or her
property, but | ||
through
no fault of his or her own has been unable to provide | ||
such assistance.
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(f) Not a defense. It shall not be a defense to financial | ||
exploitation of an elderly
person or person with a disability | ||
that the accused reasonably believed
that the victim was
not an | ||
elderly person or person with a disability. Consent is not a | ||
defense to financial exploitation of an elderly person or a | ||
person with a disability if the accused knew or had reason to | ||
know that the elderly person or a person with a disability | ||
lacked capacity to consent.
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(g) Civil Liability. A civil cause of action exists for | ||
financial exploitation of an elderly person or a
person with a | ||
disability as described in subsection (a) of this Section. A | ||
person against whom a civil judgment has been entered for | ||
financial exploitation of an elderly person
or person with a | ||
disability shall be liable to the victim or to the estate of | ||
the
victim in damages of treble the amount of the value of the | ||
property
obtained, plus reasonable attorney fees and court | ||
costs. In a civil action under this subsection, the burden of
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proof that the defendant committed financial exploitation of an | ||
elderly person or a
person with a disability as described in | ||
subsection (a) of this Section shall be
by a preponderance of | ||
the evidence. This subsection shall be operative
whether or not | ||
the defendant has been charged or convicted of the criminal | ||
offense as described in subsection (a) of this Section. This | ||
subsection (g) shall not limit or affect the right of any | ||
person to bring any cause of action or seek any remedy | ||
available under the common law, or other applicable law, | ||
arising out of the financial exploitation of an elderly person | ||
or a person with a disability.
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(h) If a person is charged with financial exploitation of | ||
an elderly person or a person with a disability that involves | ||
the taking or loss of property valued at more than $5,000, a | ||
prosecuting attorney may file a petition with the circuit court | ||
of the county in which the defendant has been charged to freeze | ||
the assets of the defendant in an amount equal to but not | ||
greater than the alleged value of lost or stolen property in | ||
the defendant's pending criminal proceeding for purposes of | ||
restitution to the victim. The burden of proof required to | ||
freeze the defendant's assets shall be by a preponderance of | ||
the evidence. | ||
(Source: P.A. 99-272, eff. 1-1-16.)
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