Public Act 096-1206
 
SB3304 EnrolledLRB096 15676 RLC 30912 b



    AN ACT in relation to criminal law. 

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


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


 


    (725 ILCS 5/111-3)  (from Ch. 38, par. 111-3)


    (Text of Section after amendment by P.A. 95-1052)

    Sec. 111-3. Form of charge. 

    (a) A charge shall be in writing and allege the commission 
of an
offense by:


        (1) Stating the name of the offense;


        (2) Citing the statutory provision alleged to have been 
    violated;


        (3) Setting forth the nature and elements of the 
    offense charged;


        (4) Stating the date and county of the offense as 
    definitely as can be
done; and


        (5) Stating the name of the accused, if known, and if 
    not known,
designate the accused by any name or description 
    by which he can be
identified with reasonable certainty.

    (b) An indictment shall be signed by the foreman of the 
Grand Jury and
an information shall be signed by the State's 
Attorney and sworn to by him
or another. A complaint shall be 
sworn to and signed by the complainant; provided, that when a 
peace officer observes the commission of a misdemeanor
and is 
the complaining witness, the signing of the complaint by the 
peace
officer is sufficient to charge the defendant with the 
commission of the
offense, and the complaint need not be sworn 
to if the officer signing the
complaint certifies that the 
statements set forth in the complaint are true and
correct and 
are subject to the penalties provided by law for false

certification
under Section 1-109 of the Code of Civil 
Procedure and perjury under Section
32-2 of the Criminal Code 
of 1961; and further provided
Provided, however, that when a 
citation is issued on a Uniform Traffic
Ticket or Uniform 
Conservation Ticket (in a form prescribed by the
Conference of 
Chief Circuit Judges and filed with the Supreme Court), the

copy of such Uniform Ticket which is filed with the circuit 
court
constitutes a complaint to which the defendant may plead, 
unless he
specifically requests that a verified complaint be 
filed.

    (c) When the State seeks an enhanced sentence because of a 
prior
conviction, the charge shall also state the intention to 
seek an enhanced
sentence and shall state such prior conviction 
so as to give notice to the
defendant.  However, the fact of 
such prior conviction and the State's
intention to seek an 
enhanced sentence are not elements of the offense and
may not 
be disclosed to the jury during trial unless otherwise 
permitted by
issues properly raised during such trial.
For the 
purposes of this Section, "enhanced sentence" means a sentence

which is increased by a prior conviction from one 
classification of offense
to another higher level 
classification of offense set forth in Section
5-4.5-10
 of the 
Unified Code of Corrections (730 ILCS 5/5-4.5-10); it does not 
include an increase in the sentence applied within the
same 
level of classification of offense.

    (c-5) Notwithstanding any other provision of law, in all 
cases in which
the
imposition of 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 must be included in the charging 
instrument or otherwise provided to the
defendant through a 
written notification before trial, submitted to a trier
of fact 
as an aggravating factor, and proved beyond a reasonable doubt.

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 that offense.  Nothing in this subsection (c-5)

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.

    (d) At any time prior to trial, the State on motion shall 
be permitted
to amend the charge, whether brought by 
indictment, information or
complaint, to make the charge comply 
with subsection (c) or (c-5) of this
Section.  Nothing in 
Section 103-5 of this Code precludes such an
amendment or a 
written notification made in accordance with subsection (c-5) 
of
this Section.

    (e) The provisions of subsection (a) of Section 5-4.5-95 of 
the Unified Code of Corrections (730 ILCS 5/5-4.5-95)
 shall not 
be affected by this Section.

(Source: P.A. 95-1052, eff. 7-1-09.)