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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 ; | ||||||
20 | and .
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21 | (6) Stating the identity of a victim alleged to have | ||||||
22 | been subjected to an offense
involving an illegal sexual | ||||||
23 | act including, but not limited to, involuntary sexual
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1 | servitude of a minor as defined in Section 10-9 and the | ||||||
2 | sexual offenses defined in Article
11 of the Criminal Code | ||||||
3 | of 2012, by name, initials, or description. | ||||||
4 | (b) An indictment shall be signed by the foreman of the | ||||||
5 | Grand Jury and
an information shall be signed by the State's | ||||||
6 | Attorney and sworn to by him
or another. A complaint shall be | ||||||
7 | sworn to and signed by the complainant; provided, that when a | ||||||
8 | peace officer observes the commission of a misdemeanor
and is | ||||||
9 | the complaining witness, the signing of the complaint by the | ||||||
10 | peace
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. 96-1206, eff. 1-1-11; 97-1150, eff. 1-25-13.)
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18 | Section 99. Effective date. This Act takes effect January | ||||||
19 | 1, 2014.
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