SMITH,MICHAEL AND GASH.
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
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
Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 1 SENATE - 3
END OF INQUIRY
Full Text Bill Status