Sen. Jacqueline Y. Collins

Filed: 5/15/2013





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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



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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
5offense involving an illegal sexual act including, but not
6limited to, a sexual offense defined in Article 11 or Section
710-9 of the Criminal Code of 2012, the charge shall state the
8identity of the victim by name, initials, or description.
9    (b) An indictment shall be signed by the foreman of the
10Grand Jury and an information shall be signed by the State's
11Attorney and sworn to by him or another. A complaint shall be
12sworn to and signed by the complainant; provided, that when a
13peace officer observes the commission of a misdemeanor and is
14the complaining witness, the signing of the complaint by the
15peace officer is sufficient to charge the defendant with the
16commission of the offense, and the complaint need not be sworn
17to if the officer signing the complaint certifies that the
18statements set forth in the complaint are true and correct and
19are subject to the penalties provided by law for false
20certification under Section 1-109 of the Code of Civil
21Procedure and perjury under Section 32-2 of the Criminal Code
22of 2012; and further provided, however, that when a citation is
23issued on a Uniform Traffic Ticket or Uniform Conservation
24Ticket (in a form prescribed by the Conference of Chief Circuit
25Judges and filed with the Supreme Court), the copy of such
26Uniform Ticket which is filed with the circuit court



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



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1written notification before trial, submitted to a trier of fact
2as an aggravating factor, and proved beyond a reasonable doubt.
3Failure to prove the fact beyond a reasonable doubt is not a
4bar to a conviction for commission of the offense, but is a bar
5to increasing, based on that fact, the range of penalties for
6the offense beyond the statutory maximum that could otherwise
7be imposed for that offense. Nothing in this subsection (c-5)
8requires the imposition of a sentence that increases the range
9of penalties for the offense beyond the statutory maximum that
10could otherwise be imposed for the offense if the imposition of
11that sentence is not required by law.
12    (d) At any time prior to trial, the State on motion shall
13be permitted to amend the charge, whether brought by
14indictment, information or complaint, to make the charge comply
15with subsection (c) or (c-5) of this Section. Nothing in
16Section 103-5 of this Code precludes such an amendment or a
17written notification made in accordance with subsection (c-5)
18of this Section.
19    (e) The provisions of subsection (a) of Section 5-4.5-95 of
20the Unified Code of Corrections (730 ILCS 5/5-4.5-95) shall not
21be 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
241, 2014.".