Bill Text: IL SB3389 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the Code of Criminal Procedure of 1963. Includes in the joinder provisions financial exploitation of an elderly person or person with a disability, identity theft, aggravated identity theft, and certain violations of the Illinois Financial Crime Law. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Passed) 2010-07-22 - Public Act . . . . . . . . . 96-1207 [SB3389 Detail]
Download: Illinois-2009-SB3389-Enrolled.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Code of Criminal Procedure of 1963 is | ||||||
5 | amended by changing Section 111-4 as follows:
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6 | (725 ILCS 5/111-4) (from Ch. 38, par. 111-4)
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7 | Sec. 111-4. Joinder of offenses and defendants.
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8 | (a) Two or more offenses may be charged in the same | ||||||
9 | indictment,
information or complaint in a separate count for | ||||||
10 | each offense if the
offenses charged, whether felonies or | ||||||
11 | misdemeanors or both, are based on
the same act or on 2 or more | ||||||
12 | acts which are part of the same comprehensive
transaction.
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13 | (b) Two or more defendants may be charged in the same | ||||||
14 | indictment,
information or complaint if they are alleged to | ||||||
15 | have participated in the
same act or in the same comprehensive | ||||||
16 | transaction out of which the offense
or offenses arose. Such | ||||||
17 | defendants may be charged in one or more counts
together or | ||||||
18 | separately and all of the defendants need not be charged in
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19 | each count.
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20 | (c) Two or more acts or transactions in violation of any | ||||||
21 | provision or
provisions of Sections 8A-2, 8A-3, 8A-4, 8A-4A and | ||||||
22 | 8A-5 of the Illinois
Public Aid Code, Sections 16-1, 16-1.3, | ||||||
23 | 16-2, 16-3, 16-5, 16-7, 16-8, 16-10, 16A-3,
16B-2, 16C-2, |
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1 | 16G-15, 16G-20, 16H-15, 16H-20, 16H-25, 16H-30, 16H-45, | ||||||
2 | 16H-50, 16H-55, 17-1, 17-3, 17-6, 17-7, 17-8, 17-9 or 17-10 of | ||||||
3 | the Criminal Code of
1961 and Section 118 of Division I of the | ||||||
4 | Criminal Jurisprudence Act, may
be charged as a single offense | ||||||
5 | in a single count of the same indictment,
information or | ||||||
6 | complaint, if such acts or transactions by one or more
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7 | defendants are in furtherance of a single intention and design | ||||||
8 | or if the
property, labor or services obtained are of the same | ||||||
9 | person or are of
several persons having a common interest in | ||||||
10 | such property, labor or
services. In such a charge, the period | ||||||
11 | between the dates of the first and
the final such acts or | ||||||
12 | transactions may be alleged as the date of the
offense and, if | ||||||
13 | any such act or transaction by any defendant was committed
in | ||||||
14 | the county where the prosecution was commenced, such county may | ||||||
15 | be
alleged as the county of the offense.
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16 | (Source: P.A. 95-384, eff. 1-1-08; 96-354, eff. 8-13-09.)
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17 | Section 99. Effective date. This Act takes effect upon | ||||||
18 | becoming law.
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