Full Text of HB2471 98th General Assembly
HB2471sam001 98TH GENERAL ASSEMBLY | Sen. Jacqueline Y. Collins Filed: 5/1/2013
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| 1 | | AMENDMENT TO HOUSE BILL 2471
| 2 | | AMENDMENT NO. ______. Amend House Bill 2471 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Code of Criminal Procedure of 1963 is | 5 | | amended 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 | 9 | | of 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
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| 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 | | (a-5) If the victim is alleged to have been subjected to an | 5 | | offense involving an illegal sexual act including, but not | 6 | | limited to, a sexual offense defined in Article 11 or Section | 7 | | 10-9 of the Criminal Code of 2012, the charge shall state the | 8 | | identity of the victim by name, initials, or description. | 9 | | (b) An indictment shall be signed by the foreman of the | 10 | | Grand Jury and
an information shall be signed by the State's | 11 | | Attorney and sworn to by him
or another. A complaint shall be | 12 | | sworn to and signed by the complainant; provided, that when a | 13 | | peace officer observes the commission of a misdemeanor
and is | 14 | | the complaining witness, the signing of the complaint by the | 15 | | peace
officer is sufficient to charge the defendant with the | 16 | | commission of the
offense, and the complaint need not be sworn | 17 | | to if the officer signing the
complaint certifies that the | 18 | | statements set forth in the complaint are true and
correct and | 19 | | are subject to the penalties provided by law for false
| 20 | | certification
under Section 1-109 of the Code of Civil | 21 | | Procedure and perjury under Section
32-2 of the Criminal Code | 22 | | of 2012; and further provided, however, that when a citation is | 23 | | issued on a Uniform Traffic
Ticket or Uniform Conservation | 24 | | Ticket (in a form prescribed by the
Conference of Chief Circuit | 25 | | Judges and filed with the Supreme Court), the
copy of such | 26 | | Uniform Ticket which is filed with the circuit court
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| 1 | | constitutes a complaint to which the defendant may plead, | 2 | | unless he
specifically requests that a verified complaint be | 3 | | filed.
| 4 | | (c) When the State seeks an enhanced sentence because of a | 5 | | prior
conviction, the charge shall also state the intention to | 6 | | seek an enhanced
sentence and shall state such prior conviction | 7 | | so as to give notice to the
defendant. However, the fact of | 8 | | such prior conviction and the State's
intention to seek an | 9 | | enhanced sentence are not elements of the offense and
may not | 10 | | be disclosed to the jury during trial unless otherwise | 11 | | permitted by
issues properly raised during such trial.
For the | 12 | | purposes of this Section, "enhanced sentence" means a sentence
| 13 | | which is increased by a prior conviction from one | 14 | | classification of offense
to another higher level | 15 | | classification of offense set forth in Section
5-4.5-10
of the | 16 | | Unified Code of Corrections (730 ILCS 5/5-4.5-10); it does not | 17 | | include an increase in the sentence applied within the
same | 18 | | level of classification of offense.
| 19 | | (c-5) Notwithstanding any other provision of law, in all | 20 | | cases in which
the
imposition of the death penalty is not a | 21 | | possibility, if an alleged fact (other
than the fact of a prior | 22 | | conviction) is not an element of an offense but is
sought to be | 23 | | used to increase the range of penalties for the offense beyond | 24 | | the
statutory maximum that could otherwise be imposed for the | 25 | | offense, the alleged
fact must be included in the charging | 26 | | instrument or otherwise provided to the
defendant through a |
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| 1 | | written notification before trial, submitted to a trier
of fact | 2 | | as an aggravating factor, and proved beyond a reasonable doubt.
| 3 | | Failure to prove the fact beyond a reasonable doubt is not a | 4 | | bar to a
conviction
for commission of the offense, but is a bar | 5 | | to increasing, based on that fact,
the range of penalties for | 6 | | the offense beyond the statutory maximum that could
otherwise | 7 | | be imposed for that offense. Nothing in this subsection (c-5)
| 8 | | requires the
imposition of a sentence that increases the range | 9 | | of penalties for the offense
beyond the statutory maximum that | 10 | | could otherwise be imposed for the offense if
the imposition of | 11 | | that sentence is not required by law.
| 12 | | (d) At any time prior to trial, the State on motion shall | 13 | | be permitted
to amend the charge, whether brought by | 14 | | indictment, information or
complaint, to make the charge comply | 15 | | with subsection (c) or (c-5) of this
Section. Nothing in | 16 | | Section 103-5 of this Code precludes such an
amendment or a | 17 | | written notification made in accordance with subsection (c-5) | 18 | | of
this Section.
| 19 | | (e) The provisions of subsection (a) of Section 5-4.5-95 of | 20 | | the Unified Code of Corrections (730 ILCS 5/5-4.5-95)
shall not | 21 | | be affected by this Section.
| 22 | | (Source: P.A. 96-1206, eff. 1-1-11; 97-1150, eff. 1-25-13.)
| 23 | | Section 99. Effective date. This Act takes effect January | 24 | | 1, 2014.".
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