(A) (1) A prosecution is barred if the defendant was formerly prosecuted for the same offense, based upon the same facts, if the former prosecution:
(a) Resulted in either a conviction or an acquittal or in a determination that the evidence was insufficient to warrant a conviction;
(b) Was terminated by a final order or judgement, even if entered before trial, which required a determination inconsistent with any fact or legal proposition necessary to a conviction in the subsequent prosecution; or
(c) Was terminated improperly after the jury was impaneled and sworn or, in a trial before a court without a jury, after 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.
(2) A conviction of an included offense is an acquittal of the offenses 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 the former prosecution:
(1) Resulted in either a conviction or an acquittal 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 herein unless the court ordered a separate trial of the charge; or was for an offense which involves the same conduct unless each prosecution required proof of a fact not required on the other prosecution or the offense was not consummated when the former trial began;
(2) Was terminated by a final order or judgement even if entered before trial, which required a determination inconsistent with any fact necessary to a conviction in the subsequent prosecution; or
(3) Was terminated improperly under the circumstances stated in division (A) above 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.
(C) A prosecution is barred if the defendant was formerly prosecuted in a Circuit Court of Kane County or in a sister Circuit Court in Illinois for an offense which is within the concurrent jurisdiction of the village, if the former prosecution:
(1) Resulted in either a conviction or an acquittal and the subsequent prosecution is for the same conduct unless each prosecution requires proof of fact not required in the other prosecution or the offense was not consummated when the former trial began; or
(2) Was terminated by a final order or judgement, even if entered before trial, which required a determination inconsistent with any fact necessary to a conviction in the prosecution in the village.
(D) However, a prosecution is not barred within the meaning hereof if the former prosecution:
(1) Was before a court which lacked jurisdiction over the defendant or the offense; or
(2) Was procured by the defendant without the knowledge of the proper prosecuting officer and with the purpose of avoiding the sentence which 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.
(ILCS Chapter 720, Act 5, § 3-4) (1981 Code, § 42.03, 3-4)