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Illinois General Assembly· HB 3671Governor Approved

CRIM CD-VENUE-SEXUAL IMAGES, the official text

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HB3671 Enrolled                     LRB104 06260 RLC 16295 b

1   AN ACT concerning criminal law.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Criminal Code of 2012 is amended by

5 changing Section 1-6 as follows:

6   (720 ILCS 5/1-6) (from Ch. 38, par. 1-6)

7   Sec. 1-6. Place of trial.

8   (a) Generally.

9   Criminal actions shall be tried in the county where the

10 offense was committed, except as otherwise provided by law.

11 The State is not required to prove during trial that the

12 alleged offense occurred in any particular county in this

13 State. When a defendant contests the place of trial under this

14 Section, all proceedings regarding this issue shall be

15 conducted under Section 114-1 of the Code of Criminal

16 Procedure of 1963. All objections of improper place of trial

17 are waived by a defendant unless made before trial.

18  (b) Assailant and Victim in Different Counties.

19  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.

23  (c) Death and Cause of Death in Different Places or
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1 Undetermined.

2   If cause of death is inflicted in one county and death

3 ensues in another county, the offender may be tried in either

4 county. If neither the county in which the cause of death was

5 inflicted nor the county in which death ensued are known

6 before trial, the offender may be tried in the county where the

7 body was found.

8   (d) Offense Commenced Outside the State.

9   If the commission of an offense commenced outside the

10 State is consummated within this State, the offender shall be

11 tried in the county where the offense is consummated.

12  (e) Offenses Committed in Bordering Navigable Waters.

13  If an offense is committed on any of the navigable waters

14 bordering on this State, the offender may be tried in any

15 county adjacent to such navigable water.

16  (f) Offenses Committed while in Transit.

17  If an offense is committed upon any railroad car, vehicle,

18 watercraft or aircraft passing within this State, and it

19 cannot readily be determined in which county the offense was

20 committed, the offender may be tried in any county through

21 which such railroad car, vehicle, watercraft or aircraft has

22 passed.

23  (g) Theft.

24  A person who commits theft of property may be tried in any

25 county in which he exerted control over such property.

26  (h) Bigamy.
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1   A person who commits the offense of bigamy may be tried in

2 any county where the bigamous marriage or bigamous

3 cohabitation has occurred.

4   (i) Kidnaping.

5   A person who commits the offense of kidnaping may be tried

6 in any county in which his victim has traveled or has been

7 confined during the course of the offense.

8   (j) Pandering.

9   A person who commits the offense of pandering as set forth

10 in subdivision (a)(2)(A) or (a)(2)(B) of Section 11-14.3 may

11 be tried in any county in which the prostitution was practiced

12 or in any county in which any act in furtherance of the offense

13 shall have been committed.

14  (k) Treason.

15  A person who commits the offense of treason may be tried in

16 any county.

17  (l) Criminal Defamation.

18  If criminal defamation is spoken, printed or written in

19 one county and is received or circulated in another or other

20 counties, the offender shall be tried in the county where the

21 defamation is spoken, printed or written. If the defamation is

22 spoken, printed or written outside this state, or the offender

23 resides outside this state, the offender may be tried in any

24 county in this state in which the defamation was circulated or

25 received.

26  (m) Inchoate Offenses.
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1   A person who commits an inchoate offense may be tried in

2 any county in which any act which is an element of the offense,

3 including the agreement in conspiracy, is committed.

4   (n) Accountability for Conduct of Another.

5   Where a person in one county solicits, aids, abets,

6 agrees, or attempts to aid another in the planning or

7 commission of an offense in another county, he may be tried for

8 the offense in either county.

9   (o) Child Abduction.

10  A person who commits the offense of child abduction may be

11 tried in any county in which his victim has traveled, been

12 detained, concealed or removed to during the course of the

13 offense. Notwithstanding the foregoing, unless for good cause

14 shown, the preferred place of trial shall be the county of the

15 residence of the lawful custodian.

16  (p) A person who commits the offense of narcotics

17 racketeering may be tried in any county where cannabis or a

18 controlled substance which is the basis for the charge of

19 narcotics racketeering was used; acquired; transferred or

20 distributed to, from or through; or any county where any act

21 was performed to further the use; acquisition, transfer or

22 distribution of said cannabis or controlled substance; any

23 money, property, property interest, or any other asset

24 generated by narcotics activities was acquired, used, sold,

25 transferred or distributed to, from or through; or, any

26 enterprise interest obtained as a result of narcotics
    HB3671 Enrolled         -5-      LRB104 06260 RLC 16295 b

1 racketeering was acquired, used, transferred or distributed

2 to, from or through, or where any activity was conducted by the

3 enterprise or any conduct to further the interests of such an

4 enterprise.

5   (q) A person who commits the offense of money laundering

6 may be tried in any county where any part of a financial

7 transaction in criminally derived property took place or in

8 any county where any money or monetary instrument which is the

9 basis for the offense was acquired, used, sold, transferred or

10 distributed to, from or through.

11  (r) A person who commits the offense of cannabis

12 trafficking or controlled substance trafficking may be tried

13 in any county.

14  (s) A person who commits the offense of online sale of

15 stolen property, online theft by deception, or electronic

16 fencing may be tried in any county where any one or more

17 elements of the offense took place, regardless of whether the

18 element of the offense was the result of acts by the accused,

19 the victim or by another person, and regardless of whether the

20 defendant was ever physically present within the boundaries of

21 the county.

22  (t) A person who commits the offense of identity theft or

23 aggravated identity theft may be tried in any one of the

24 following counties in which: (1) the offense occurred; (2) the

25 information used to commit the offense was illegally used; or

26 (3) the victim resides.
    HB3671 Enrolled              -6-     LRB104 06260 RLC 16295 b

1   (u) A person who commits the offense of financial

2 exploitation of an elderly person or a person with a

3 disability may be tried in any one of the following counties in

4 which: (1) any part of the offense occurred; or (2) the victim

5 or one of the victims reside.

6   If a person is charged with more than one violation of

7 identity theft or aggravated identity theft and those

8 violations may be tried in more than one county, any of those

9 counties is a proper venue for all of the violations.

10  (v) A person who commits the offense of non-consensual

11 dissemination of private sexual images may be tried in any one

12 of the following counties in which: (1) the offense occurred;

13 or (2) the victim resides.

14 (Source: P.A. 101-394, eff. 1-1-20.)
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