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| Public Act 096-1206 | ||||
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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, | ||||
represented in the General Assembly:
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Section 5. The Code of Criminal Procedure of 1963 is | ||||
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 | ||||
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 | ||||
violated;
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(3) Setting forth the nature and elements of the | ||||
offense charged;
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(4) Stating the date and county of the offense as | ||||
definitely as can be
done; and
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(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.
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(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
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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
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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 | ||
filed.
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(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
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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.
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(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.
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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)
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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.
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(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.
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(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.
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(Source: P.A. 95-1052, eff. 7-1-09.)
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