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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB6306 Introduced 2/11/2016, by Rep. John M. Cabello SYNOPSIS AS INTRODUCED: |
| 725 ILCS 5/111-3 | from Ch. 38, par. 111-3 |
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Amends the Code of Criminal Procedure of 1963. Provides that an information shall state whether the document is filed based upon personal knowledge, or upon information and belief.
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| | A BILL FOR |
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1 | | AN ACT concerning criminal law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Code of Criminal Procedure of 1963 is |
5 | | amended by changing Section 111-3 as follows:
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6 | | (725 ILCS 5/111-3) (from Ch. 38, par. 111-3)
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7 | | Sec. 111-3. Form of charge.
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8 | | (a) A charge shall be in writing and allege the commission |
9 | | of an
offense by:
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10 | | (1) Stating the name of the offense;
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11 | | (2) Citing the statutory provision alleged to have been |
12 | | violated;
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13 | | (3) Setting forth the nature and elements of the |
14 | | offense charged;
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15 | | (4) Stating the date and county of the offense as |
16 | | definitely as can be
done; and
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17 | | (5) Stating the name of the accused, if known, and if |
18 | | not known,
designate the accused by any name or description |
19 | | by which he can be
identified with reasonable certainty.
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20 | | (a-5) If the victim is alleged to have been subjected to an |
21 | | offense involving an illegal sexual act including, but not |
22 | | limited to, a sexual offense defined in Article 11 or Section |
23 | | 10-9 of the Criminal Code of 2012, the charge shall state the |
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1 | | identity of the victim by name, initials, or description. |
2 | | (b) An indictment shall be signed by the foreman of the |
3 | | Grand Jury and
an information shall be signed by the State's |
4 | | Attorney and sworn to by him
or another , and shall state |
5 | | whether the information is filed based on personal knowledge, |
6 | | or upon information and belief . A complaint shall be sworn to |
7 | | and signed by the complainant; provided, that when a peace |
8 | | officer observes the commission of a misdemeanor
and is the |
9 | | complaining witness, the signing of the complaint by the peace
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10 | | officer is sufficient to charge the defendant with the |
11 | | commission of the
offense, and the complaint need not be sworn |
12 | | to if the officer signing the
complaint certifies that the |
13 | | statements set forth in the complaint are true and
correct and |
14 | | are subject to the penalties provided by law for false
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15 | | certification
under Section 1-109 of the Code of Civil |
16 | | Procedure and perjury under Section
32-2 of the Criminal Code |
17 | | of 2012; and further provided, however, that when a citation is |
18 | | issued on a Uniform Traffic
Ticket or Uniform Conservation |
19 | | Ticket (in a form prescribed by the
Conference of Chief Circuit |
20 | | Judges and filed with the Supreme Court), the
copy of such |
21 | | Uniform Ticket which is filed with the circuit court
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22 | | constitutes a complaint to which the defendant may plead, |
23 | | unless he
specifically requests that a verified complaint be |
24 | | filed.
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25 | | (c) When the State seeks an enhanced sentence because of a |
26 | | prior
conviction, the charge shall also state the intention to |
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1 | | seek an enhanced
sentence and shall state such prior conviction |
2 | | so as to give notice to the
defendant. However, the fact of |
3 | | such prior conviction and the State's
intention to seek an |
4 | | enhanced sentence are not elements of the offense and
may not |
5 | | be disclosed to the jury during trial unless otherwise |
6 | | permitted by
issues properly raised during such trial.
For the |
7 | | purposes of this Section, "enhanced sentence" means a sentence
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8 | | which is increased by a prior conviction from one |
9 | | classification of offense
to another higher level |
10 | | classification of offense set forth in Section
5-4.5-10
of the |
11 | | Unified Code of Corrections (730 ILCS 5/5-4.5-10); it does not |
12 | | include an increase in the sentence applied within the
same |
13 | | level of classification of offense.
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14 | | (c-5) Notwithstanding any other provision of law, in all |
15 | | cases in which
the
imposition of the death penalty is not a |
16 | | possibility, if an alleged fact (other
than the fact of a prior |
17 | | conviction) is not an element of an offense but is
sought to be |
18 | | used to increase the range of penalties for the offense beyond |
19 | | the
statutory maximum that could otherwise be imposed for the |
20 | | offense, the alleged
fact must be included in the charging |
21 | | instrument or otherwise provided to the
defendant through a |
22 | | written notification before trial, submitted to a trier
of fact |
23 | | as an aggravating factor, and proved beyond a reasonable doubt.
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24 | | Failure to prove the fact beyond a reasonable doubt is not a |
25 | | bar to a
conviction
for commission of the offense, but is a bar |
26 | | to increasing, based on that fact,
the range of penalties for |
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1 | | the offense beyond the statutory maximum that could
otherwise |
2 | | be imposed for that offense. Nothing in this subsection (c-5)
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3 | | requires the
imposition of a sentence that increases the range |
4 | | of penalties for the offense
beyond the statutory maximum that |
5 | | could otherwise be imposed for the offense if
the imposition of |
6 | | that sentence is not required by law.
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7 | | (d) At any time prior to trial, the State on motion shall |
8 | | be permitted
to amend the charge, whether brought by |
9 | | indictment, information or
complaint, to make the charge comply |
10 | | with subsection (c) or (c-5) of this
Section. Nothing in |
11 | | Section 103-5 of this Code precludes such an
amendment or a |
12 | | written notification made in accordance with subsection (c-5) |
13 | | of
this Section.
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14 | | (e) The provisions of subsection (a) of Section 5-4.5-95 of |
15 | | the Unified Code of Corrections (730 ILCS 5/5-4.5-95)
shall not |
16 | | be affected by this Section.
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17 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-416, eff. 1-1-14.)
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