State of Illinois
92nd General Assembly
Legislation

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92_SB0001

 
                                               LRB9200975RCcd

 1        AN ACT to amend the Code of Criminal Procedure of 1963 by
 2    adding  Section 100-3 and changing the heading of Article 100
 3    of Title I.

 4        Be it enacted by the People of  the  State  of  Illinois,
 5    represented in the General Assembly:

 6        Section  5.  The  Code  of  Criminal Procedure of 1963 is
 7    amended by adding Section 100-3 and changing the  heading  of
 8    Article 100 of Title I as follows:

 9        (725 ILCS 5/Title I, Art. 100 heading)
10           ARTICLE 100. GENERAL PROVISIONS TITLE AND SCOPE

11        (725 ILCS 5/100-3 new)
12        Sec. 100-3. Facts sought to be used to increase the range
13    of  penalties  for  an  offense.  Notwithstanding  any  other
14    provision  of  law,  in  all  non-death  penalty cases, if an
15    alleged fact (other than the fact of a prior  conviction)  is
16    not  an  element  of  an  offense but is sought to be used to
17    increase the range of penalties for the  offense  beyond  the
18    statutory  maximum  that  could  otherwise be imposed for the
19    offense, the alleged fact must be included  in  the  charging
20    instrument,  submitted  to the trier of fact as an element of
21    the offense, and proved beyond a reasonable  doubt.   Failure
22    to prove the fact beyond a reasonable doubt is not a bar to a
23    conviction  for  commission  of  the offense, but is a bar to
24    increasing, based on that fact, the range  of  penalties  for
25    the offense beyond the statutory maximum that could otherwise
26    be  imposed  for  the  offense.  If  a conviction is reversed
27    solely for the failure to prove beyond a reasonable  doubt  a
28    fact  used to increase the range of penalties for the offense
29    beyond the statutory maximum that could otherwise be  imposed
30    for the offense or solely for the failure to include the fact
 
                            -2-                LRB9200975RCcd
 1    in  the  charging  instrument, the trial court must conduct a
 2    new sentencing hearing for the defendant based on the maximum
 3    penalty authorized for the offense. Nothing in  this  Section
 4    requires  the  imposition  of  a  sentence that increases the
 5    range of penalties  for  the  offense  beyond  the  statutory
 6    maximum  that  could  otherwise be imposed for the offense if
 7    the imposition of that sentence is not required by  law.   In
 8    addition to any other verdict authorized by law, the trier of
 9    fact may find the defendant not guilty, guilty of the offense
10    charged  together  with  one  or  more  facts  authorizing an
11    increase in the  range  of  penalties  beyond  the  statutory
12    maximum  that  could otherwise be imposed for the offense, or
13    guilty of the offense charged without any fact authorizing an
14    increase in the  range  of  penalties  beyond  the  statutory
15    maximum  that could otherwise be imposed for the offense.  If
16    the trier of fact finds the defendant guilty without any fact
17    authorizing an increase in the range of penalties beyond  the
18    statutory  maximum  that  could  otherwise be imposed for the
19    offense, then the defendant may not be sentenced to a term of
20    imprisonment  beyond  the  statutory   maximum   that   could
21    otherwise be imposed for the offense.

22        Section  99.  Effective  date. This Act takes effect upon
23    becoming law.

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