093_HB2473eng

 
HB2473 Engrossed                     LRB093 08267 RLC 08480 b

 1        AN ACT in relation to criminal law.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Code  of Criminal Procedure of 1963 is
 5    amended by changing Section 111-3 as follows:

 6        (725 ILCS 5/111-3) (from Ch. 38, par. 111-3)
 7        Sec. 111-3. Form of charge.
 8        (a)  A  charge  shall  be  in  writing  and  allege   the
 9    commission of an offense by:
10             (1)  Stating the name of the offense;
11             (2)  Citing  the statutory provision alleged to have
12        been violated;
13             (3)  Setting forth the nature and  elements  of  the
14        offense charged;
15             (4)  Stating  the  date and county of the offense as
16        definitely as can be done; and
17             (5)  Stating the name of the accused, if known,  and
18        if  not  known,  designate  the  accused  by  any name or
19        description by which he can be identified with reasonable
20        certainty.
21        (b)  An indictment shall be signed by the foreman of  the
22    Grand  Jury and an information shall be signed by the State's
23    Attorney and sworn to by him or another. A complaint shall be
24    sworn to and signed by the complainant; provided, that when a
25    peace officer observes the commission of a misdemeanor and is
26    the complaining witness, the signing of the complaint by  the
27    peace  officer is sufficient to charge the defendant with the
28    commission of the offense, and  the  complaint  need  not  be
29    sworn  to if the officer signing the complaint certifies that
30    the statements set  forth  in  the  complaint  are  true  and
31    correct  and are subject to the penalties provided by law for
 
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 1    false certification under Section 1-109 of the Code of  Civil
 2    Procedure and perjury under Section 32-2 of the Criminal Code
 3    of  1961; and further provided, however, that when a citation
 4    is issued on a Uniform Traffic Ticket or Uniform Conservation
 5    Ticket (in a form  prescribed  by  the  Conference  of  Chief
 6    Circuit Judges and filed with the Supreme Court), the copy of
 7    such  Uniform  Ticket  which  is filed with the circuit court
 8    constitutes a complaint to which  the  defendant  may  plead,
 9    unless  he specifically requests that a verified complaint be
10    filed.
11        (c)  When the State seeks an enhanced sentence because of
12    a prior conviction, the charge shall also state the intention
13    to seek an enhanced  sentence  and  shall  state  such  prior
14    conviction  so  as to give notice to the defendant.  However,
15    the fact of such prior conviction and the  State's  intention
16    to  seek an enhanced sentence are not elements of the offense
17    and may not be disclosed to  the  jury  during  trial  unless
18    otherwise  permitted  by  issues  properly raised during such
19    trial. For the purposes of this Section, "enhanced  sentence"
20    means  a  sentence  which  is increased by a prior conviction
21    from one classification of offense to  another  higher  level
22    classification  of  offense set forth in Section 5-5-1 of the
23    "Unified Code of Corrections", approved  July  26,  1972,  as
24    amended;  it  does  not  include  an increase in the sentence
25    applied within the same level of classification of offense.
26        (c-5)  Notwithstanding any other provision of law, in all
27    cases in which the imposition of the death penalty is  not  a
28    possibility,  if  an  alleged  fact (other than the fact of a
29    prior conviction) is not an element  of  an  offense  but  is
30    sought  to be used to increase the range of penalties for the
31    offense beyond the statutory maximum that could otherwise  be
32    imposed for the offense, the alleged fact must be included in
33    the   charging   instrument  or  otherwise  provided  to  the
34    defendant  through  a  written  notification  before   trial,
 
HB2473 Engrossed            -3-      LRB093 08267 RLC 08480 b
 1    submitted  to  a  trier of fact as an aggravating factor, and
 2    proved beyond a reasonable doubt.  Failure to prove the  fact
 3    beyond  a  reasonable  doubt is not a bar to a conviction for
 4    commission of the offense, but is a bar to increasing,  based
 5    on  that  fact, the range of penalties for the offense beyond
 6    the statutory maximum that could  otherwise  be  imposed  for
 7    that  offense.  Nothing in this subsection (c-5) requires the
 8    imposition  of  a  sentence  that  increases  the  range   of
 9    penalties  for  the offense beyond the statutory maximum that
10    could otherwise be imposed for the offense if the  imposition
11    of that sentence is not required by law.
12        (d)  At  any  time  prior  to  trial, the State on motion
13    shall be permitted to amend the charge,  whether  brought  by
14    indictment,  information  or  complaint,  to  make the charge
15    comply with subsection (c) or (c-5) of this Section.  Nothing
16    in Section 103-5 of this Code precludes such an amendment  or
17    a  written  notification  made  in accordance with subsection
18    (c-5) of this Section.
19        (e)  The provisions of Article 33B of the  Criminal  Code
20    of 1961, as amended, shall not be affected by this Section.
21    (Source: P.A. 91-953, eff. 2-23-01.)