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(720 ILCS 5/3-4) (from Ch. 38, par. 3-4)
Sec. 3-4. Effect of
former prosecution.
(a) A prosecution is barred if the defendant was formerly prosecuted
for the same offense, based upon the same facts, if that former
prosecution:
(1) resulted in either a conviction or an acquittal |
| or in a determination that the evidence was insufficient to warrant a conviction;
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(2) was terminated by a final order or judgment, even
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| if entered before trial, that required a determination inconsistent with any fact or legal proposition necessary to a conviction in the subsequent prosecution; or
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(3) was terminated improperly after the jury was
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| impaneled and sworn or, in a trial before a court without a jury, after the first witness was sworn but before findings were rendered by the trier of facts, or after a plea of guilty was accepted by the court.
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A conviction of an included offense, other than through a plea of guilty, is an acquittal of the offense
charged.
(b) A prosecution is barred if the defendant was formerly prosecuted for
a different offense, or for the same offense based upon different facts, if that
former prosecution:
(1) resulted in either a conviction or an acquittal,
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| and the subsequent prosecution is for an offense of which the defendant could have been convicted on the former prosecution; or was for an offense with which the defendant should have been charged on the former prosecution, as provided in Section 3-3 of this Code (unless the court ordered a separate trial of that charge); or was for an offense that involves the same conduct, unless each prosecution requires proof of a fact not required on the other prosecution, or the offense was not consummated when the former trial began;
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(2) was terminated by a final order or judgment, even
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| if entered before trial, that required a determination inconsistent with any fact necessary to a conviction in the subsequent prosecution; or
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(3) was terminated improperly under the circumstances
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| stated in subsection (a), and the subsequent prosecution is for an offense of which the defendant could have been convicted if the former prosecution had not been terminated improperly.
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(c) A prosecution is barred if the defendant was formerly prosecuted in
a District Court of the United States or in a sister state for an offense that
is within the concurrent jurisdiction of this State, if that former
prosecution:
(1) resulted in either a conviction or an acquittal,
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| and the subsequent prosecution is for the same conduct, unless each prosecution requires proof of a fact not required in the other prosecution, or the offense was not consummated when the former trial began; or
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(2) was terminated by a final order or judgment, even
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| if entered before trial, that required a determination inconsistent with any fact necessary to a conviction in the prosecution in this State.
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(d) A prosecution is not barred within the meaning of this
Section 3-4, however, if the former prosecution:
(1) was before a court that lacked jurisdiction over
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| the defendant or the offense; or
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(2) was procured by the defendant without the
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| knowledge of the proper prosecuting officer, and with the purpose of avoiding the sentence that otherwise might be imposed; or if subsequent proceedings resulted in the invalidation, setting aside, reversal, or vacating of the conviction, unless the defendant was thereby adjudged not guilty.
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(Source: P.A. 96-710, eff. 1-1-10.)
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