HB2471 EngrossedLRB098 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    and .
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
5Grand Jury and an information shall be signed by the State's
6Attorney and sworn to by him or another. A complaint shall be
7sworn to and signed by the complainant; provided, that when a
8peace officer observes the commission of a misdemeanor and is
9the complaining witness, the signing of the complaint by the
10peace officer is sufficient to charge the defendant with the
11commission of the offense, and the complaint need not be sworn
12to if the officer signing the complaint certifies that the
13statements set forth in the complaint are true and correct and
14are subject to the penalties provided by law for false
15certification under Section 1-109 of the Code of Civil
16Procedure and perjury under Section 32-2 of the Criminal Code
17of 2012; and further provided, however, that when a citation is
18issued on a Uniform Traffic Ticket or Uniform Conservation
19Ticket (in a form prescribed by the Conference of Chief Circuit
20Judges and filed with the Supreme Court), the copy of such
21Uniform Ticket which is filed with the circuit court
22constitutes a complaint to which the defendant may plead,
23unless he specifically requests that a verified complaint be
25    (c) When the State seeks an enhanced sentence because of a
26prior conviction, the charge shall also state the intention to



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



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1the offense beyond the statutory maximum that could otherwise
2be imposed for that offense. Nothing in this subsection (c-5)
3requires the imposition of a sentence that increases the range
4of penalties for the offense beyond the statutory maximum that
5could otherwise be imposed for the offense if the imposition of
6that sentence is not required by law.
7    (d) At any time prior to trial, the State on motion shall
8be permitted to amend the charge, whether brought by
9indictment, information or complaint, to make the charge comply
10with subsection (c) or (c-5) of this Section. Nothing in
11Section 103-5 of this Code precludes such an amendment or a
12written notification made in accordance with subsection (c-5)
13of this Section.
14    (e) The provisions of subsection (a) of Section 5-4.5-95 of
15the Unified Code of Corrections (730 ILCS 5/5-4.5-95) shall not
16be affected by this Section.
17(Source: P.A. 96-1206, eff. 1-1-11; 97-1150, eff. 1-25-13.)
18    Section 99. Effective date. This Act takes effect January
191, 2014.