HB2471 EnrolledLRB098 06662 MRW 36707 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 been
12    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 description
19    by which he can be identified with reasonable certainty.
20    (a-5) If the victim is alleged to have been subjected to an
21offense involving an illegal sexual act including, but not
22limited to, a sexual offense defined in Article 11 or Section
2310-9 of the Criminal Code of 2012, the charge shall state the



HB2471 Enrolled- 2 -LRB098 06662 MRW 36707 b

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



HB2471 Enrolled- 3 -LRB098 06662 MRW 36707 b

1such prior conviction and the State's intention to seek an
2enhanced sentence are not elements of the offense and may not
3be disclosed to the jury during trial unless otherwise
4permitted by issues properly raised during such trial. For the
5purposes of this Section, "enhanced sentence" means a sentence
6which is increased by a prior conviction from one
7classification of offense to another higher level
8classification of offense set forth in Section 5-4.5-10 of the
9Unified Code of Corrections (730 ILCS 5/5-4.5-10); it does not
10include an increase in the sentence applied within the same
11level of classification of offense.
12    (c-5) Notwithstanding any other provision of law, in all
13cases in which the imposition of the death penalty is not a
14possibility, if an alleged fact (other than the fact of a prior
15conviction) is not an element of an offense but is sought to be
16used to increase the range of penalties for the offense beyond
17the statutory maximum that could otherwise be imposed for the
18offense, the alleged fact must be included in the charging
19instrument or otherwise provided to the defendant through a
20written notification before trial, submitted to a trier of fact
21as an aggravating factor, and proved beyond a reasonable doubt.
22Failure to prove the fact beyond a reasonable doubt is not a
23bar to a conviction for commission of the offense, but is a bar
24to increasing, based on that fact, the range of penalties for
25the offense beyond the statutory maximum that could otherwise
26be imposed for that offense. Nothing in this subsection (c-5)



HB2471 Enrolled- 4 -LRB098 06662 MRW 36707 b

1requires the imposition of a sentence that increases the range
2of penalties for the offense beyond the statutory maximum that
3could otherwise be imposed for the offense if the imposition of
4that sentence is not required by law.
5    (d) At any time prior to trial, the State on motion shall
6be permitted to amend the charge, whether brought by
7indictment, information or complaint, to make the charge comply
8with subsection (c) or (c-5) of this Section. Nothing in
9Section 103-5 of this Code precludes such an amendment or a
10written notification made in accordance with subsection (c-5)
11of this Section.
12    (e) The provisions of subsection (a) of Section 5-4.5-95 of
13the Unified Code of Corrections (730 ILCS 5/5-4.5-95) shall not
14be affected by this Section.
15(Source: P.A. 96-1206, eff. 1-1-11; 97-1150, eff. 1-25-13.)
16    Section 99. Effective date. This Act takes effect January
171, 2014.