Full Text of HB0780 94th General Assembly
HB0780eng 94TH GENERAL ASSEMBLY
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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 | 5 |
| Section 1-6 and by adding Article 16J 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 | 10 |
| offense was committed, except as otherwise provided
by law. The | 11 |
| 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 | 13 |
| defendant
contests the place of trial under this Section, all | 14 |
| proceedings regarding this
issue shall be conducted under | 15 |
| Section 114-1 of the Code of Criminal Procedure
of 1963. All | 16 |
| 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 | 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.
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| (c) Death and Cause of Death in Different Places or | 24 |
| Undetermined.
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| If cause of death is inflicted in one county and death | 26 |
| ensues in
another county, the offender may be tried in either | 27 |
| county. If neither
the county in which the cause of death was | 28 |
| inflicted nor the county in which
death ensued are known before | 29 |
| trial, the offender may be tried in the county
where the body | 30 |
| 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 |
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| is
consummated within this State, the offender shall be tried | 2 |
| 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 | 5 |
| bordering
on this State, the offender may be tried in any | 6 |
| 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, | 9 |
| watercraft
or aircraft passing within this State, and it cannot | 10 |
| readily be
determined in which county the offense was | 11 |
| committed, the offender may
be tried in any county through | 12 |
| which such railroad car, vehicle,
watercraft or aircraft has | 13 |
| passed.
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| (g) Theft.
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| A person who commits theft of property may be tried in any | 16 |
| 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 | 19 |
| any county
where the bigamous marriage or bigamous cohabitation | 20 |
| has occurred.
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| (i) Kidnaping.
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| A person who commits the offense of kidnaping may be tried | 23 |
| in any
county in which his victim has traveled or has been | 24 |
| 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 | 27 |
| in any
county in which the prostitution was practiced or in any | 28 |
| county in which
any act in furtherance of the offense shall | 29 |
| 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 | 32 |
| any
county.
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| (l) Criminal Defamation.
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| If criminal defamation is spoken, printed or written in one | 35 |
| county
and is received or circulated in another or other | 36 |
| counties, the offender
shall be tried in the county where the |
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| defamation is spoken, printed or
written. If the defamation is | 2 |
| spoken, printed or written outside this
state, or the offender | 3 |
| resides outside this state, the offender may be
tried in any | 4 |
| county in this state in which the defamation was circulated
or | 5 |
| received.
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| (m) Inchoate Offenses.
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| A person who commits an inchoate offense may be tried in | 8 |
| any county
in which any act which is an element of the offense, | 9 |
| 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, | 12 |
| or
attempts to aid another in the planning or commission of an | 13 |
| offense in
another county, he may be tried for the offense in | 14 |
| either county.
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| (o) Child Abduction.
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| A person who commits the offense of child abduction may be | 17 |
| tried in any
county in which his victim has traveled, been | 18 |
| detained, concealed or
removed to during the course of the | 19 |
| offense. Notwithstanding the foregoing,
unless for good cause | 20 |
| shown, the preferred place of trial shall be the
county of the | 21 |
| residence of the lawful custodian.
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| (p) A person who commits the offense of narcotics | 23 |
| racketeering may be
tried in any county where cannabis or a | 24 |
| controlled substance which is the
basis for the charge of | 25 |
| narcotics racketeering was used; acquired;
transferred or | 26 |
| distributed to, from or through; or any county where any act
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| was performed to further the use; acquisition, transfer or | 28 |
| distribution of
said cannabis or controlled substance; any | 29 |
| money, property, property
interest, or any other asset | 30 |
| generated by narcotics activities was
acquired, used, sold, | 31 |
| transferred or distributed to, from or through; or,
any | 32 |
| enterprise interest obtained as a result of narcotics | 33 |
| racketeering was
acquired, used, transferred or distributed | 34 |
| to, from or through, or where
any activity was conducted by the | 35 |
| enterprise or any conduct to further the
interests of such an | 36 |
| enterprise.
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| (q) A person who commits the offense of money laundering | 2 |
| may be tried in
any county where any part of a financial | 3 |
| transaction in criminally derived
property took place or in any | 4 |
| county where any money or monetary instrument
which is the | 5 |
| 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 | 8 |
| trafficking or
controlled substance trafficking may be tried in | 9 |
| any county.
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| (s) A person who commits the offense of online sale of | 11 |
| stolen property, online theft by deception, or electronic | 12 |
| fencing may be tried in any county where any one or more | 13 |
| elements of the offense took place, regardless of whether the | 14 |
| element of the offense was the result of acts by the accused, | 15 |
| the victim or by another person, and regardless of whether the | 16 |
| defendant was ever physically present within the boundaries of | 17 |
| the county.
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| (Source: P.A. 89-288, eff. 8-11-95.)
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| (720 ILCS 5/Art. 16J heading new) | 20 |
| ARTICLE 16J. ONLINE PROPERTY OFFENSES | 21 |
| (720 ILCS 5/16J-5 new) | 22 |
| Sec. 16J-5. Definitions. In this Article: | 23 |
| "Access" means to use, instruct, communicate with, store | 24 |
| data
in, retrieve or intercept data from, or otherwise utilize | 25 |
| any services
of a computer.
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| "Computer" means a device that accepts, processes, stores, | 27 |
| retrieves
or outputs data, and includes but is not limited to | 28 |
| auxiliary storage and
telecommunications devices connected to | 29 |
| computers.
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| "Internet" means an interactive computer service or system | 31 |
| or an
information service, system, or access software provider | 32 |
| that provides or
enables computer access by multiple users to a | 33 |
| computer server, and includes,
but is not limited to, an | 34 |
| information service, system, or access software
provider that |
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| provides access to a network system commonly known as the
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| Internet, or any comparable system or service and also | 3 |
| includes, but is not
limited to, a World Wide Web page, | 4 |
| newsgroup, message board, mailing list, or
chat area on any | 5 |
| interactive computer service or system or other online
service. | 6 |
| "Online" means the use of any electronic or wireless device | 7 |
| to access the Internet.
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| (720 ILCS 5/16J-10 new) | 9 |
| Sec. 16J-10. Online sale of stolen property. A person | 10 |
| commits the offense of online sale of stolen property when he | 11 |
| or she uses or accesses the Internet with the intent of selling | 12 |
| property gained through unlawful means. | 13 |
| (720 ILCS 5/16J-15 new) | 14 |
| Sec. 16J-15. Online theft by deception. A person commits | 15 |
| the offense of online theft by deception when he or she uses | 16 |
| the Internet to purchase or attempt to purchase property from a | 17 |
| seller with a mode of payment that he or she knows is | 18 |
| fictitious, stolen, or lacking the consent of the valid account | 19 |
| holder. | 20 |
| (720 ILCS 5/16J-20 new)
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| Sec. 16J-20. Electronic fencing. A person commits the | 22 |
| offense of electronic fencing when he or she sells stolen | 23 |
| property using the Internet, knowing that the property was | 24 |
| stolen. A person who unknowingly purchases stolen property over | 25 |
| the Internet does not violate this Section. | 26 |
| (720 ILCS 5/16J-25 new)
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| Sec. 16J-25. Sentence. A violation of this Article is a | 28 |
| Class 4 felony if the full retail value of the stolen property | 29 |
| or property obtained by deception does not exceed $150. A | 30 |
| violation of this Article is a Class 2 felony if the full | 31 |
| retail value of the stolen property or property obtained by | 32 |
| deception exceeds $150.
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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.
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