HAWKINSON. 725 ILCS 5/Title I, Art. 100 heading 725 ILCS 5/100-3 new Amends the Code of Criminal Procedure of 1963. Provides that, in all cases other than death penalty cases, 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 must be included in the charging instrument, 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, if a conviction is reversed solely for the failure to prove beyond a reasonable doubt a fact used to increase the range of penalties for the offense beyond the statutory maximum that could otherwise be imposed for the offense or solely for the failure to include the fact in the charging instrument, the trial court must conduct a new sentencing hearing for the defendant based on the maximum penalty authorized 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 the trier of fact may find a defendant not guilty, guilty with a fact authorizing an increase in the range of penalties, or guilty without a fact authorizing an increase in the range of penalties. Effective immediately. JAN-11-2001 S PREFILED WITH SECRETARY DECEMBER 1, 2000 JAN-11-2001 S FIRST READING JAN-11-2001 S REFERRED TO SENATE RULES COMMITTEE RULES FEB-01-2001 S ASSIGNED TO COMMITTEE JUDICIARY MAR-07-2001 S POSTPONED MAR-21-2001 S POSTPONED MAR-30-2001 S DO PASS 011-000-000 SJUD MAR-30-2001 S PLACED ON CALENDAR ORDER OF 2ND READING 01-04-02 APR-02-2001 S SECOND READING APR-02-2001 S PLACED ON CALENDAR ORDER OF 3RD READING 01-04-03 JUL-01-2001 S REFER TO RULES/PURSUANT SEN RULE 3-9 (B) RULES SRUL JAN-07-2003 S SESSION SINE DIE END OF INQUIRY Full Text Bill Summary