House Sponsors: DURKIN-DART-BROSNAHAN-REITZ-TURNER,JOHN, BOLAND, SMITH,MICHAEL AND GASH. Senate Sponsors: MUNOZ Short description: CRIM PRO-PENALTIES Synopsis of Bill as introduced: Amends the Code of Criminal Procedure of 1963. Provides that a defendant charged with stalking or aggravated stalking may be held in custody during a continuance of a hearing on whether the defendant may be denied bail if the defendant has been previously convicted of kidnapping. HOUSE AMENDMENT NO. 1. Provides that the hearing provisions relating to denying bail to a defendant who is charged with stalking or aggravated stalking also apply to a defendant charged with kidnapping or aggravated kidnapping. CORRECTIONAL NOTE (Department of Corrections) There will be no fiscal or prison population impact. CORRECTIONAL NOTE, H-AM 1 (Department of Corrections) Same as previous note. SENATE AMENDMENT NO. 1. Deletes reference to: 725 ILCS 5/110-6.3 Adds reference to: 725 ILCS 5/111-3 from Ch. 38, par. 111-3 730 ILCS 5/5-5-3 from Ch. 38, par. 1005-5-3 730 ILCS 5/5-5-4 from Ch. 38, par. 1005-5-4 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1 730 ILCS 5/5-8-2 from Ch. 38, par. 1005-8-2 Deletes everything. Amends the Code of Criminal Procedure. Provides that, in all cases in which the death penalty is not a possibility, if an alleged fact (other than the fact of a prior conviction) is not an element of an offense but is sought to be used to increase the range of penalties for the offense beyond the statutory maximum that could otherwise be imposed for the offense, the alleged fact shall be included in the charging instrument or provided to the defendant through a written notice before trial, submitted to the trier of fact as an element of the offense, and proved beyond a reasonable doubt. Provides that failure to prove the fact beyond a reasonable doubt is not a bar to a conviction for commission of the offense, but is a bar to increasing, based on that fact, the range of penalties for the offense beyond the statutory maximum that could otherwise be imposed for the offense. Provides that nothing in the new provisions requires the imposition of a sentence that increases the range of penalties for the offense beyond the statutory maximum that could otherwise be imposed for the offense if the imposition of that sentence is not required by law. Provides that a charge may be amended to make the charge comply with the new provisions. Amends the Sentencing Chapter of the Unified Code of Corrections. Provides that, if a sentence is vacated on appeal or on collateral attack due to the failure of the trier of fact at trial to determine beyond a reasonable doubt the existence of a fact (other than a prior conviction) necessary to increase the punishment for the offense beyond the statutory maximum, either the defendant may be re-sentenced to a term not to exceed the maximum or, if the State files notice of its intention to again seek the extended sentence, the defendant shall be afforded a new trial. Effective immediately. SENATE AMENDMENT NO. 2. Permits the State on motion prior to trial to provide written notification when it seeks an enhanced sentence. SENATE AMENDMENT NO. 3. Deletes the changes made by Senate Amendment 2. Provides that nothing in the speedy trial provisions of the Code of Criminal Procedure of 1963 precludes a written notification by the State if it seeks an enhanced sentence in a non-capital case for factors other than a prior conviction. Last action on Bill: PUBLIC ACT.............................. 91-0953 Last action date: 01-02-23 Location: House Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 1 SENATE - 3 END OF INQUIRY Full Text Bill Status