DURKIN-DART-BROSNAHAN-REITZ-TURNER,JOHN, BOLAND, SMITH,MICHAEL AND GASH. (MUNOZ) 725 ILCS 5/110-6.3 from Ch. 38, par. 110-6.3 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. 99-02-17 H FIRST READING 99-02-17 H REFERRED TO HOUSE RULES COMMITTEE RULES 99-02-18 H ASSIGNED TO COMMITTEE JUD-CRIMINAL 99-03-05 H AMENDMENT NO. 01-JUD-CRIMINAL H 99-03-05 H ADOPTED 99-03-05 H DO PASS AMENDED/SHORT DEBATE 013-000-000 HJUB 99-03-05 H PLACED CALENDAR 2ND READING-SHORT DEBATE 99-03-05 H CORRECTIONAL NOTE FILED 99-03-05 H CALENDAR ORDER 2ND READING-SHORT DEBATE 99-03-10 H CORRECTIONAL NOTE FILED AS AMENDED BY HOUSE AMEND #1 99-03-10 H CALENDAR ORDER 2ND READING-SHORT DEBATE 99-03-11 H SECOND READING-SHORT DEBATE 99-03-11 H PLCD CAL ORDER 3RD READING-SHORT DEBATE 99-03-11 H ADDED AS A JOINT SPONSOR DART 99-03-11 H ADDED AS A JOINT SPONSOR BROSNAHAN 99-03-11 H ADDED AS A JOINT SPONSOR REITZ 99-03-11 H ADDED AS A JOINT SPONSOR BOLAND 99-03-11 H ADDED AS A CO-SPONSOR HOLBROOK 99-03-12 H ADDED AS A CO-SPONSOR SMITH,MICHAEL 99-03-12 H THIRD READING/SHORT DEBATE/PASSED 115-000-000 99-03-16 S ARRIVE IN SENATE 99-03-16 S PLACED CALENDAR ORDER OF FIRST READING 99-03-17 99-03-26 S CHIEF SPONSOR KLEMM 99-03-26 S FIRST READING 99-03-26 S REFERRED TO SENATE RULES COMMITTEE RULES 99-04-27 S ASSIGNED TO COMMITTEE JUDICIARY 99-05-05 S HELD IN COMMITTEE 99-05-05 S COMMITTEE JUDICIARY 99-05-08 S RE-REFERRED TO RULES COMM/RULE 3-9(A) RULES 00-11-09 S ASSIGNED TO COMMITTEE JUDICIARY 00-11-15 S POSTPONED 00-11-15 S COMMITTEE JUDICIARY 00-11-28 S SPONSOR REMOVED KLEMM 00-11-28 S ALTERNATE CHIEF SPONSOR CHANGED TO MUNOZ 00-11-29 S AMENDMENT NO. 01-JUDICIARY S 00-11-29 S ADOPTED 00-11-29 S DO PASS AS AMENDED 008-001-001 SJUD 00-11-29 S PLACED ON CALENDAR ORDER OF 2ND READING 00-11-30 00-11-29 S FILED WITH SECRETARY 00-11-29 S AMENDMENT NO. 02-MUNOZ 00-11-29 S AMENDMENT REFERRED TO SRUL 00-11-29 S AMENDMENT NO. 02-MUNOZ 00-11-29 S BE APPROVED FOR CONSIDERATION SRUL 00-11-29 S SECOND READING 00-11-29 S AMENDMENT NO. 02-MUNOZ 00-11-29 S ADOPTED 00-11-29 S PLACED ON CALENDAR ORDER OF 3RD READING 00-11-30 00-11-30 S FILED WITH SECRETARY 00-11-30 S AMENDMENT NO. 03-SILVERSTEIN 00-11-30 S AMENDMENT REFERRED TO SRUL 00-11-30 S AMENDMENT NO. 03-SILVERSTEIN 00-11-30 S BE APPROVED FOR CONSIDERATION SRUL 00-11-30 S RECALLED TO SECOND READING 00-11-30 S AMENDMENT NO. 03-SILVERSTEIN 00-11-30 S ADOPTED 00-11-30 S PLACED ON CALENDAR ORDER OF 3RD READING 00-11-30 S THIRD READING - PASSED 054-002-002 00-11-30 H ARRIVE IN HOUSE 00-11-30 H PRIMARY SPONSOR CHANGED TO DURKIN 00-11-30 H PLACED ON CALENDAR ORDER OF CONCURRENCE 01,02,03 01-01-02 H RE-REFERRED TO RULES COMM/RULE 19(B) RULES HRUL 01-01-08 H APPROVED FOR CONSIDERATION 004-000-000 HRUL 01-01-08 H PLACED ON CALENDAR ORDER OF CONCURRENCE 01,02,03 01-01-08 H MOTION FILED CONCUR 1,2,3/DURKIN 01-01-08 H MOTION REFERRED TO HRUL 01-01-08 H RULES REFERS TO HJUB 01-01-08 H CALENDAR ORDER OF CONCURRENCE 01,02,03 01-01-09 H JOINT-SPONSOR CHANGED TO TURNER,JOHN 01-01-09 H ADDED AS A CO-SPONSOR BOLAND 01-01-09 H BE APPROVED FOR CONSIDERATION HJUB/010-000-000 01-01-09 H ADDED AS A CO-SPONSOR GASH 01-01-09 H HSE CONCURS IN SEN AMENDMENTS (NO.) 1,2,3/116-000-000 01-01-09 H PASSED BOTH HOUSES 01-01-11 H SENT TO THE GOVERNOR 01-02-23 H GOVERNOR APPROVED 01-02-23 H EFFECTIVE DATE 01-02-23 01-02-23 H PUBLIC ACT.............................. 91-0953 END OF INQUIRY Full Text Bill Summary