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| Public Act 094-0051 |
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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 5. The Criminal Code of 1961 is amended by changing | ||||
Section 1-6 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 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 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. | ||
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. 89-288, eff. 8-11-95.)
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