State Codes and Statutes
Statutes > Illinois > Chapter725 > 1966 > 072500050HArt_111 (725 ILCS 5/111‑1) (from Ch. 38, par. 111‑1) Sec. 111‑1. Methods of prosecution. When authorized by law a prosecution may be commenced by: (a) A complaint; (b) An information; (c) An indictment. Upon commencement of a prosecution for a violation of Section 11‑501 of The Illinois Vehicle Code, or a similar provision of a local ordinance, or Section 9‑3 of the Criminal Code of 1961, as amended, relating to the offense of reckless homicide, the victims of these offenses shall have all the rights under this Section as they do in Section 4 of the Bill of Rights for Victims and Witnesses of Violent Crime Act. For the purposes of this Section "victim" shall mean an individual who has suffered personal injury as a result of the commission of a violation of Section 11‑501 of The Illinois Vehicle Code, or a similar provision of a local ordinance, or Section 9‑3 of the Criminal Code of 1961, as amended, relating to the offense of reckless homicide. In regard to a violation of Section 9‑3 of the Criminal Code of 1961, as amended, relating to the offense of reckless homicide, "victim" shall also include, but not be limited to, spouse, guardian, parent, or other family member. (Source: P.A. 84‑272.) |
(725 ILCS 5/111‑2) (from Ch. 38, par. 111‑2) Sec. 111‑2. Commencement of prosecutions. (a) All prosecutions of felonies shall be by information or by indictment. No prosecution may be pursued by information unless a preliminary hearing has been held or waived in accordance with Section 109‑3 and at that hearing probable cause to believe the defendant committed an offense was found, and the provisions of Section 109‑3.1 of this Code have been complied with. (b) All other prosecutions may be by indictment, information or complaint. (c) Upon the filing of an information or indictment in open court charging the defendant with the commission of a sex offense defined in any Section of Article 11 of the Criminal Code of 1961, as amended, and a minor as defined in Section 1‑3 of the Juvenile Court Act of 1987, as amended, is alleged to be the victim of the commission of the acts of the defendant in the commission of such offense, the court may appoint a guardian ad litem for the minor as provided in Section 2‑17, 3‑19, 4‑16 or 5‑610 of the Juvenile Court Act of 1987. (d) Upon the filing of an information or indictment in open court, the court shall immediately issue a warrant for the arrest of each person charged with an offense directed to a peace officer or some other person specifically named commanding him to arrest such person. (e) When the offense is bailable, the judge shall endorse on the warrant the amount of bail required by the order of the court, and if the court orders the process returnable forthwith, the warrant shall require that the accused be arrested and brought immediately into court. (f) Where the prosecution of a felony is by information or complaint after preliminary hearing, or after a waiver of preliminary hearing in accordance with paragraph (a) of this Section, such prosecution may be for all offenses, arising from the same transaction or conduct of a defendant even though the complaint or complaints filed at the preliminary hearing charged only one or some of the offenses arising from that transaction or conduct. (Source: P.A. 90‑590, eff. 1‑1‑99.) |
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(3) Setting forth the nature and elements of the | ||
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(4) Stating the date and county of the offense as | ||
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(5) Stating the name of the accused, if known, and if | ||
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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 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 , 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 filed. (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; 96‑1206, eff. 1‑1‑11.) |
(725 ILCS 5/111‑5) (from Ch. 38, par. 111‑5) Sec. 111‑5. Formal defects in a charge. An indictment, information or complaint which charges the commission of an offense in accordance with Section 111‑‑3 of this Code shall not be dismissed and may be amended on motion by the State's Attorney or defendant at any time because of formal defects, including: (a) Any miswriting, misspelling or grammatical error; (b) Any misjoinder of the parties defendant; (c) Any misjoinder of the offense charged; (d) The presence of any unnecessary allegation; (e) The failure to negative any exception, any excuse or proviso contained in the statute defining the offense; or (f) The use of alternative or disjunctive allegations as to the acts, means, intents or results charged. (Source: Laws 1963, p. 2836.) |
(725 ILCS 5/111‑6) (from Ch. 38, par. 111‑6) Sec. 111‑6. Bill of particulars. When an indictment, information or complaint charges an offense in accordance with the provisions of Section 111‑3 of this Code but fails to specify the particulars of the offense sufficiently to enable the defendant to prepare his defense the court may, on written motion of the defendant, require the State's Attorney to furnish the defendant with a Bill of Particulars containing such particulars as may be necessary for the preparation of the defense. At the trial of the cause the State's evidence shall be confined to the particulars of the bill. (Source: Laws 1963, p. 2836.) |
(725 ILCS 5/111‑7) (from Ch. 38, par. 111‑7) Sec. 111‑7. Loss of charge. When an indictment, information or complaint which has been returned or presented to a court as authorized by law has become illegible or cannot be produced at the arraignment or trial the defendant may be arraigned and tried on a copy thereof certified by the clerk of the court. (Source: Laws 1963, p. 2836.) |