Illinois General Assembly - Full Text of HB2471
Illinois General Assembly

Previous General Assemblies

Full Text of HB2471  98th General Assembly


Rep. Kelly M. Cassidy

Filed: 3/15/2013





09800HB2471ham001LRB098 06662 MRW 43149 a


2    AMENDMENT NO. ______. Amend House Bill 2471 by replacing
3everything after the enacting clause with the following:
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



09800HB2471ham001- 2 -LRB098 06662 MRW 43149 a

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



09800HB2471ham001- 3 -LRB098 06662 MRW 43149 a

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



09800HB2471ham001- 4 -LRB098 06662 MRW 43149 a

1offense, the alleged fact must be included in the charging
2instrument or otherwise provided to the defendant through a
3written notification before trial, submitted to a trier of fact
4as an aggravating factor, and proved beyond a reasonable doubt.
5Failure to prove the fact beyond a reasonable doubt is not a
6bar to a conviction for commission of the offense, but is a bar
7to increasing, based on that fact, the range of penalties for
8the offense beyond the statutory maximum that could otherwise
9be imposed for that offense. Nothing in this subsection (c-5)
10requires the imposition of a sentence that increases the range
11of penalties for the offense beyond the statutory maximum that
12could otherwise be imposed for the offense if the imposition of
13that sentence is not required by law.
14    (d) At any time prior to trial, the State on motion shall
15be permitted to amend the charge, whether brought by
16indictment, information or complaint, to make the charge comply
17with subsection (c) or (c-5) of this Section. Nothing in
18Section 103-5 of this Code precludes such an amendment or a
19written notification made in accordance with subsection (c-5)
20of this Section.
21    (e) The provisions of subsection (a) of Section 5-4.5-95 of
22the Unified Code of Corrections (730 ILCS 5/5-4.5-95) shall not
23be affected by this Section.
24(Source: P.A. 96-1206, eff. 1-1-11; 97-1150, eff. 1-25-13.)
25    Section 99. Effective date. This Act takes effect January



09800HB2471ham001- 5 -LRB098 06662 MRW 43149 a

11, 2014.".