102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2376

 

Introduced 2/26/2021, by Sen. John Connor

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/111-3  from Ch. 38, par. 111-3
730 ILCS 5/5-4.5-120 new

    Amends the Code of Criminal Procedure of 1963. Provides that when charging an offense based upon responsibility for conduct of another under the Parties to Crime Article of the Criminal Code of 2012, the fact that the defendant is being charged based on accountability shall be specified in the charge. Amends the Unified Code of Corrections. Provides that when a person is convicted of an offense based on the person's responsibility for conduct that is an element of an offense if the conduct is that of another and he or she is legally accountable for that conduct as provided in Parties to Crime Article of the Criminal Code of 2012, the court shall not impose a mandatory minimum sentence for the offense if that mandatory minimum sentence is required for the underlying offense under the Criminal Code of 2012, this Code, or any other law, and shall sentence the person to not more than one-half the maximum sentence that may be imposed for the underlying offense.


LRB102 10347 RLC 15674 b

 

 

A BILL FOR

 

SB2376LRB102 10347 RLC 15674 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended 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 commission
9of 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 if
18    not known, designate the accused by any name or
19    description by which he can be identified with reasonable
20    certainty.
21    (a-1) When charging an offense based upon responsibility
22for conduct of another under Article 5 of the Criminal Code of
232012, the fact that the defendant is being charged based on

 

 

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1accountability shall be specified in the charge.
2    (a-5) If the victim is alleged to have been subjected to an
3offense involving an illegal sexual act including, but not
4limited to, a sexual offense defined in Article 11 or Section
510-9 of the Criminal Code of 2012, the charge shall state the
6identity of the victim by name, initials, or description.
7    (b) An indictment shall be signed by the foreman of the
8Grand Jury and an information shall be signed by the State's
9Attorney and sworn to by him or another. A complaint shall be
10sworn to and signed by the complainant; provided, that when a
11peace officer observes the commission of a misdemeanor and is
12the complaining witness, the signing of the complaint by the
13peace officer is sufficient to charge the defendant with the
14commission of the offense, and the complaint need not be sworn
15to if the officer signing the complaint certifies that the
16statements set forth in the complaint are true and correct and
17are subject to the penalties provided by law for false
18certification under Section 1-109 of the Code of Civil
19Procedure and perjury under Section 32-2 of the Criminal Code
20of 2012; and further provided, however, that when a citation
21is issued on a Uniform Traffic Ticket or Uniform Conservation
22Ticket (in a form prescribed by the Conference of Chief
23Circuit Judges and filed with the Supreme Court), the copy of
24such Uniform Ticket which is filed with the circuit court
25constitutes a complaint to which the defendant may plead,
26unless he specifically requests that a verified complaint be

 

 

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1filed.
2    (c) When the State seeks an enhanced sentence because of a
3prior conviction, the charge shall also state the intention to
4seek an enhanced sentence and shall state such prior
5conviction so as to give notice to the defendant. However, the
6fact of such prior conviction and the State's intention to
7seek an enhanced sentence are not elements of the offense and
8may not be disclosed to the jury during trial unless otherwise
9permitted by issues properly raised during such trial. For the
10purposes of this Section, "enhanced sentence" means a sentence
11which is increased by a prior conviction from one
12classification of offense to another higher level
13classification of offense set forth in Section 5-4.5-10 of the
14Unified Code of Corrections (730 ILCS 5/5-4.5-10); it does not
15include an increase in the sentence applied within the same
16level of classification of offense.
17    (c-5) Notwithstanding any other provision of law, in all
18cases in which the imposition of the death penalty is not a
19possibility, if an alleged fact (other than the fact of a prior
20conviction) is not an element of an offense but is sought to be
21used to increase the range of penalties for the offense beyond
22the statutory maximum that could otherwise be imposed for the
23offense, the alleged fact must be included in the charging
24instrument or otherwise provided to the defendant through a
25written notification before trial, submitted to a trier of
26fact as an aggravating factor, and proved beyond a reasonable

 

 

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1doubt. Failure to prove the fact beyond a reasonable doubt is
2not a bar to a conviction for commission of the offense, but is
3a bar to increasing, based on that fact, the range of penalties
4for the offense beyond the statutory maximum that could
5otherwise be imposed for that offense. Nothing in this
6subsection (c-5) requires the imposition of a sentence that
7increases the range of penalties for the offense beyond the
8statutory maximum that could otherwise be imposed for the
9offense if the imposition of that sentence is not required by
10law.
11    (d) At any time prior to trial, the State on motion shall
12be permitted to amend the charge, whether brought by
13indictment, information or complaint, to make the charge
14comply with subsection (c) or (c-5) of this Section. Nothing
15in Section 103-5 of this Code precludes such an amendment or a
16written notification made in accordance with subsection (c-5)
17of this Section.
18    (e) The provisions of subsection (a) of Section 5-4.5-95
19of the Unified Code of Corrections (730 ILCS 5/5-4.5-95) shall
20not be affected by this Section.
21(Source: P.A. 97-1150, eff. 1-25-13; 98-416, eff. 1-1-14.)
 
22    Section 10. The Unified Code of Corrections is amended by
23adding Section 5-4.5-120 as follows:
 
24    (730 ILCS 5/5-4.5-120 new)

 

 

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1    Sec. 5-4.5-120. Accountability; limitation on imposition
2of sentence. When a person is convicted of an offense based on
3the person's responsibility for conduct that is an element of
4an offense if the conduct is that of another and he or she is
5legally accountable for that conduct as provided in Section
65-2 of the Criminal Code of 2012, the court shall not impose a
7mandatory minimum sentence for the offense if that mandatory
8minimum sentence is required for the underlying offense under
9the Criminal Code of 2012, this Code, or any other law, and
10shall sentence the person to not more than one-half the
11maximum sentence that may be imposed for the underlying
12offense.