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SB3304 Engrossed |
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LRB096 15676 RLC 30912 b |
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| AN ACT in relation to criminal law.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Code of Criminal Procedure of 1963 is |
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| amended by changing
Section 111-3 as follows:
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| (725 ILCS 5/111-3) (from Ch. 38, par. 111-3)
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| (Text of Section after amendment by P.A. 95-1052)
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| Sec. 111-3. Form of charge.
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| (a) A charge shall be in writing and allege the commission |
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| of an
offense by:
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| (1) Stating the name of the offense;
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| (2) Citing the statutory provision alleged to have been |
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| violated;
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| (3) Setting forth the nature and elements of the |
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| offense charged;
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| (4) Stating the date and county of the offense as |
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| definitely as can be
done; and
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| (5) Stating the name of the accused, if known, and if |
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| not known,
designate the accused by any name or description |
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| by which he can be
identified with reasonable certainty.
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| (b) An indictment shall be signed by the foreman of the |
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| Grand Jury and
an information shall be signed by the State's |
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| Attorney and sworn to by him
or another. A complaint shall be |
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SB3304 Engrossed |
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LRB096 15676 RLC 30912 b |
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| sworn to and signed by the complainant; provided, that when a |
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| peace officer observes the commission of a misdemeanor
and is |
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| the complaining witness, the signing of the complaint by the |
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| peace
officer is sufficient to charge the defendant with the |
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| commission of the
offense, and the complaint need not be sworn |
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| to if the officer signing the
complaint certifies that the |
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| statements set forth in the complaint are true and
correct and |
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| are subject to the penalties provided by law for false
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| certification
under Section 1-109 of the Code of Civil |
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| Procedure and perjury under Section
32-2 of the Criminal Code |
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| of 1961; and further provided
Provided, however, that when a |
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| citation is issued on a Uniform Traffic
Ticket or Uniform |
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| Conservation Ticket (in a form prescribed by the
Conference of |
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| Chief Circuit Judges and filed with the Supreme Court), the
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| copy of such Uniform Ticket which is filed with the circuit |
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| court
constitutes a complaint to which the defendant may plead, |
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| unless he
specifically requests that a verified complaint be |
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| filed.
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| (c) When the State seeks an enhanced sentence because of a |
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| prior
conviction, the charge shall also state the intention to |
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| seek an enhanced
sentence and shall state such prior conviction |
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| so as to give notice to the
defendant. However, the fact of |
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| such prior conviction and the State's
intention to seek an |
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| enhanced sentence are not elements of the offense and
may not |
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| be disclosed to the jury during trial unless otherwise |
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| permitted by
issues properly raised during such trial.
For the |
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LRB096 15676 RLC 30912 b |
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| purposes of this Section, "enhanced sentence" means a sentence
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| which is increased by a prior conviction from one |
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| classification of offense
to another higher level |
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| classification of offense set forth in Section
5-4.5-10
of the |
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| Unified Code of Corrections (730 ILCS 5/5-4.5-10); it does not |
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| include an increase in the sentence applied within the
same |
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| level of classification of offense.
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| (c-5) Notwithstanding any other provision of law, in all |
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| cases in which
the
imposition of the death penalty is not a |
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| possibility, if an alleged fact (other
than the fact of a prior |
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| conviction) is not an element of an offense but is
sought to be |
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| used to increase the range of penalties for the offense beyond |
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| the
statutory maximum that could otherwise be imposed for the |
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| offense, the alleged
fact must be included in the charging |
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| instrument or otherwise provided to the
defendant through a |
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| written notification before trial, submitted to a trier
of fact |
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| as an aggravating factor, and proved beyond a reasonable doubt.
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| Failure to prove the fact beyond a reasonable doubt is not a |
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| bar to a
conviction
for commission of the offense, but is a bar |
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| to increasing, based on that fact,
the range of penalties for |
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| the offense beyond the statutory maximum that could
otherwise |
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| be imposed for that offense. Nothing in this subsection (c-5)
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| requires the
imposition of a sentence that increases the range |
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| of penalties for the offense
beyond the statutory maximum that |
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| could otherwise be imposed for the offense if
the imposition of |
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| that sentence is not required by law.
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LRB096 15676 RLC 30912 b |
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| (d) At any time prior to trial, the State on motion shall |
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| be permitted
to amend the charge, whether brought by |
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| indictment, information or
complaint, to make the charge comply |
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| with subsection (c) or (c-5) of this
Section. Nothing in |
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| Section 103-5 of this Code precludes such an
amendment or a |
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| written notification made in accordance with subsection (c-5) |
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| of
this Section.
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| (e) The provisions of subsection (a) of Section 5-4.5-95 of |
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| the Unified Code of Corrections (730 ILCS 5/5-4.5-95)
shall not |
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| be affected by this Section.
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| (Source: P.A. 95-1052, eff. 7-1-09.)
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