Full Text of SB3304 096th General Assembly
SB3304enr 96TH GENERAL ASSEMBLY
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| AN ACT in relation to criminal law.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Code of Criminal Procedure of 1963 is | 5 |
| amended by changing
Section 111-3 as follows:
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| (725 ILCS 5/111-3) (from Ch. 38, par. 111-3)
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| (Text of Section after amendment by P.A. 95-1052 )
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| Sec. 111-3. Form of charge.
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| (a) A charge shall be in writing and allege the commission | 10 |
| of an
offense by:
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| (1) Stating the name of the offense;
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| (2) Citing the statutory provision alleged to have been | 13 |
| violated;
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| (3) Setting forth the nature and elements of the | 15 |
| offense charged;
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| (4) Stating the date and county of the offense as | 17 |
| definitely as can be
done; and
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| (5) Stating the name of the accused, if known, and if | 19 |
| not known,
designate the accused by any name or description | 20 |
| by which he can be
identified with reasonable certainty.
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| (b) An indictment shall be signed by the foreman of the | 22 |
| Grand Jury and
an information shall be signed by the State's | 23 |
| Attorney and sworn to by him
or another. A complaint shall be |
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| sworn to and signed by the complainant; provided, that when a | 2 |
| peace officer observes the commission of a misdemeanor
and is | 3 |
| the complaining witness, the signing of the complaint by the | 4 |
| peace
officer is sufficient to charge the defendant with the | 5 |
| commission of the
offense, and the complaint need not be sworn | 6 |
| to if the officer signing the
complaint certifies that the | 7 |
| statements set forth in the complaint are true and
correct and | 8 |
| are subject to the penalties provided by law for false
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| certification
under Section 1-109 of the Code of Civil | 10 |
| Procedure and perjury under Section
32-2 of the Criminal Code | 11 |
| of 1961; and further provided
Provided , however, that when a | 12 |
| citation is issued on a Uniform Traffic
Ticket or Uniform | 13 |
| Conservation Ticket (in a form prescribed by the
Conference of | 14 |
| Chief Circuit Judges and filed with the Supreme Court), the
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| copy of such Uniform Ticket which is filed with the circuit | 16 |
| court
constitutes a complaint to which the defendant may plead, | 17 |
| unless he
specifically requests that a verified complaint be | 18 |
| filed.
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| (c) When the State seeks an enhanced sentence because of a | 20 |
| prior
conviction, the charge shall also state the intention to | 21 |
| seek an enhanced
sentence and shall state such prior conviction | 22 |
| so as to give notice to the
defendant. However, the fact of | 23 |
| such prior conviction and the State's
intention to seek an | 24 |
| enhanced sentence are not elements of the offense and
may not | 25 |
| be disclosed to the jury during trial unless otherwise | 26 |
| permitted by
issues properly raised during such trial.
For the |
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| purposes of this Section, "enhanced sentence" means a sentence
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| which is increased by a prior conviction from one | 3 |
| classification of offense
to another higher level | 4 |
| classification of offense set forth in Section
5-4.5-10
of the | 5 |
| Unified Code of Corrections (730 ILCS 5/5-4.5-10); it does not | 6 |
| include an increase in the sentence applied within the
same | 7 |
| level of classification of offense.
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| (c-5) Notwithstanding any other provision of law, in all | 9 |
| cases in which
the
imposition of the death penalty is not a | 10 |
| possibility, if an alleged fact (other
than the fact of a prior | 11 |
| conviction) is not an element of an offense but is
sought to be | 12 |
| used to increase the range of penalties for the offense beyond | 13 |
| the
statutory maximum that could otherwise be imposed for the | 14 |
| offense, the alleged
fact must be included in the charging | 15 |
| instrument or otherwise provided to the
defendant through a | 16 |
| written notification before trial, submitted to a trier
of fact | 17 |
| as an aggravating factor, and proved beyond a reasonable doubt.
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| Failure to prove the fact beyond a reasonable doubt is not a | 19 |
| bar to a
conviction
for commission of the offense, but is a bar | 20 |
| to increasing, based on that fact,
the range of penalties for | 21 |
| the offense beyond the statutory maximum that could
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| be imposed for that offense. Nothing in this subsection (c-5)
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| requires the
imposition of a sentence that increases the range | 24 |
| of penalties for the offense
beyond the statutory maximum that | 25 |
| could otherwise be imposed for the offense if
the imposition of | 26 |
| that sentence is not required by law.
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| (d) At any time prior to trial, the State on motion shall | 2 |
| be permitted
to amend the charge, whether brought by | 3 |
| indictment, information or
complaint, to make the charge comply | 4 |
| with subsection (c) or (c-5) of this
Section. Nothing in | 5 |
| Section 103-5 of this Code precludes such an
amendment or a | 6 |
| written notification made in accordance with subsection (c-5) | 7 |
| of
this Section.
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| (e) The provisions of subsection (a) of Section 5-4.5-95 of | 9 |
| the Unified Code of Corrections (730 ILCS 5/5-4.5-95)
shall not | 10 |
| be affected by this Section.
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| (Source: P.A. 95-1052, eff. 7-1-09.)
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