Public Act 096-1206
SB3304 EnrolledLRB096 15676 RLC 30912 b

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