103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2324

 

Introduced 2/14/2023, by Rep. Lakesia Collins

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/5-2  from Ch. 38, par. 5-2

    Amends the Criminal Code of 2012. Creates the offense of accountability. Establishes penalties for accountability. Provides that no sentence shall be imposed for the accompanying offense. Effective immediately.


LRB103 29904 RLC 56316 b

 

 

A BILL FOR

 

HB2324LRB103 29904 RLC 56316 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by
5changing Section 5-2 as follows:
 
6    (720 ILCS 5/5-2)  (from Ch. 38, par. 5-2)
7    Sec. 5-2. Accountability When accountability exists.
8    (a) Elements of the offense. A person commits
9accountability when A person is legally accountable for the
10conduct of another when:
11        (1) (a) having the a mental state described by the
12    accompanying statute defining the offense, he or she
13    causes another to perform the conduct, and the other
14    person in fact or by reason of legal incapacity lacks such
15    a mental state;
16        (2) (b) the statute defining the accompanying offense
17    makes him or her so accountable; or
18        (3) (c) either before or during the commission of the
19    accompanying an offense, and with the intent to promote or
20    facilitate that commission, he or she solicits, aids,
21    abets, agrees, or attempts to aid the that other person in
22    the planning or commission of the accompanying offense.
23    When 2 or more persons engage in a common criminal design

 

 

HB2324- 2 -LRB103 29904 RLC 56316 b

1or agreement, any acts in the furtherance of that common
2design committed by one party are considered to be the acts of
3all parties to the common design or agreement and all are
4equally responsible for the consequences of those further
5acts. Mere presence at the scene of a crime does not render a
6person accountable for either the offense of accountability
7under this Section or the accompanying an offense; a person's
8presence at the scene of a crime, however, may be considered
9with other circumstances by the trier of fact when determining
10accountability.
11    A person is not so accountable under this Section,
12however, unless the statute defining the accompanying offense
13provides otherwise, if:
14        (A) (1) he or she is the a victim of the accompanying
15    offense committed;
16        (B) (2) the accompanying offense is so defined that
17    his or her conduct was inevitably incident to its
18    commission; or
19        (C) (3) before the commission of the accompanying
20    offense, he or she terminates his or her effort to promote
21    or facilitate that commission and does one of the
22    following: (i) wholly deprives his or her prior efforts of
23    effectiveness in that commission, (ii) gives timely
24    warning to the proper law enforcement authorities, or
25    (iii) otherwise makes proper efforts effort to prevent the
26    commission of the accompanying offense.

 

 

HB2324- 3 -LRB103 29904 RLC 56316 b

1    (b) Sentence. A person convicted of accountability under
2this Section shall be sentenced in accordance with this
3subsection. No sentence shall be imposed for the accompanying
4offense.
5        (1) A person convicted of accountability for the
6    accompanying offense of first degree murder shall be
7    sentenced to imprisonment for a determinate term, subject
8    to Section 5-4.5-115 of the Unified Code of Corrections,
9    of no more than 30 years. The sentence of imprisonment for
10    an extended term for a conviction of accountability for
11    the accompanying offense of first degree murder, as
12    provided in Section 5-8-2 of the Unified Code of
13    Corrections, subject to Section 5-4.5-115 of that Code,
14    shall be no more than 50 years. Except as provided in
15    Section 3-3-8 of the Unified Code of Corrections, the
16    parole or mandatory supervised release term shall be 2
17    years upon release from imprisonment.
18        (2) A person convicted of accountability for an
19    accompanying Class X felony shall be sentenced to
20    imprisonment for a determinate term, subject to Section
21    5-4.5-115 of the Unified Code of Corrections, of no more
22    than 15 years. The sentence of imprisonment for an
23    extended term for a conviction of accountability for an
24    accompanying Class X felony, as provided in Section 5-8-2
25    of the Unified Code of Corrections, subject to Section
26    5-4.5-115 of that Code, shall be no more than 30 years.

 

 

HB2324- 4 -LRB103 29904 RLC 56316 b

1    Except as provided in Section 3-3-8 or 5-8-1 of the
2    Unified Code of Corrections, the parole or mandatory
3    supervised release term shall be 2 years upon release from
4    imprisonment.
5        (3) A person convicted of accountability for an
6    accompanying Class 1 felony, other than for second degree
7    murder, shall be sentenced to a determinate term, subject
8    to Section 5-4.5-115 of the Unified Code of Corrections,
9    of no more than 7 years. The sentence of imprisonment for a
10    person convicted of accountability for the accompanying
11    offense of second degree murder shall be a determinate
12    term of no more than 10 years, subject to Section
13    5-4.5-115 of that Code. The sentence of imprisonment for
14    an extended term for a conviction of accountability for an
15    accompanying Class 1 felony, as provided in Section 5-8-2
16    of the Unified Code of Corrections, subject to Section
17    5-4.5-115 of that Code, shall be no more than 15 years.
18    Except as provided in Section 3-3-8 or 5-8-1 of the
19    Unified Code of Corrections, the parole or mandatory
20    supervised release term shall be one year upon release
21    from imprisonment.
22        (4) A person convicted of accountability for an
23    accompanying Class 2 felony shall be sentenced to a
24    determinate term of no more than 3 years. The sentence of
25    imprisonment for an extended term for a conviction of
26    accountability for an accompanying Class 2 felony, as

 

 

HB2324- 5 -LRB103 29904 RLC 56316 b

1    provided in Section 5-8-2 of the Unified Code of
2    Corrections, shall be no more than 7 years. Except as
3    provided in Section 3-3-8 or 5-8-1 of the Unified Code of
4    Corrections, the parole or mandatory supervised release
5    term shall be one year upon release from imprisonment.
6        (5) A person convicted of accountability for an
7    accompanying Class 3 felony shall be sentenced to a
8    determinate term of no more than 2 years. The sentence of
9    imprisonment for an extended term for a conviction of
10    accountability for an accompanying Class 3 felony, as
11    provided in Section 5-8-2 of the Unified Code of
12    Corrections, shall be no more than 5 years. Except as
13    provided in Section 3-3-8 or 5-8-1 of the Unified Code of
14    Corrections, the parole or mandatory supervised release
15    term shall be 6 months upon release from imprisonment.
16        (6) The sentence for accountability for an
17    accompanying felony, other than those specified in
18    paragraphs (1), (2), (3), (4), and (5) of this subsection
19    (b), is the sentence for a Class A misdemeanor. A person
20    convicted of accountability for a misdemeanor may be fined
21    or imprisoned or both.
22        (7) Except as otherwise provided in Section 5-5-3 or
23    5-7-1 of the Unified Code of Corrections, a term of
24    periodic imprisonment shall not be imposed for the
25    conviction of accountability for the accompanying offense
26    of first degree murder; a sentence of periodic

 

 

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1    imprisonment shall be for a definite term of 3 to 4 years
2    for a conviction of accountability for an accompanying
3    Class X felony under this Section; a sentence of periodic
4    imprisonment shall be for a definite term of 18 to 30
5    months for a conviction of accountability for an
6    accompanying Class 1 felony under this Section; a sentence
7    of periodic imprisonment shall be for a definite term of
8    up to 18 months for a conviction of accountability for an
9    accompanying Class 2 felony under this Section; a sentence
10    of periodic imprisonment shall be for a definite term of
11    up to 12 months for a conviction of accountability for an
12    accompanying Class 3 felony under this Section; and a
13    sentence of periodic imprisonment shall be for a definite
14    term of up to 9 months for a conviction of accountability
15    for any other accompanying felony not otherwise specified
16    in this Section.
17        (8) The impact incarceration program or the county
18    impact incarceration program is not an authorized
19    disposition for the conviction of accountability for the
20    accompanying offense of first degree murder under this
21    Section. Sections 5-8-1.1 and 5-8-1.2 of the Unified Code
22    of Corrections apply to eligibility for the impact
23    incarceration program or the county impact incarceration
24    program for the conviction of accountability for the
25    accompanying offense for all other felony classes under
26    this Section.

 

 

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1        (9) A period of probation or conditional discharge
2    shall not be imposed for a conviction of accountability
3    for the accompanying offense of first degree murder under
4    this Section. Except as provided in Section 5-5-3 or 5-6-2
5    of the Unified Code of Corrections, the period of
6    probation or conditional discharge shall not exceed:
7            (A) 4 years for a conviction under this Section of
8        accountability for an accompanying Class X felony. In
9        no case shall an offender be eligible for a
10        disposition of probation or conditional discharge for
11        a Class X felony committed while he or she was serving
12        a term of probation or conditional discharge for a
13        felony;
14            (B) 3 years for a conviction of accountability for
15        an accompanying Class 1 felony under this Section;
16            (C) 30 months for a conviction of accountability
17        for an accompanying Class 2 felony under this Section;
18            (D) 24 months for a conviction of accountability
19        for an accompanying Class 3 felony under this Section;
20        and
21            (E) 18 months for a conviction of accountability
22        for an accompanying felony other than those specified
23        in this paragraph (9).
24            (f) The court shall specify the conditions of
25        probation or conditional discharge as set forth in
26        Section 5-6-3 of the Unified Code of Corrections.

 

 

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1        (10) Fines for accountability may be imposed as
2    provided in subsection (b) of Section 5-4.5-50 of the
3    Unified Code of Corrections.
4        (11) Restitution for accountability may be imposed as
5    provided in Section 5-5-6 of the Unified Code of
6    Corrections.
7        (12) The sentence for accountability shall be
8    concurrent or consecutive as provided in Sections 5-8-4
9    and Section 5-4.5-50 of the Unified Code of Corrections.
10        (13) Section 20 of the Drug Court Treatment Act
11    applies to eligibility for a drug court program by a
12    person convicted of accountability.
13        (14) Section 5-4.5-100 of the Unified Code of
14    Corrections applies to credit for time spent in home
15    detention prior to judgment for accountability.
16        (15) Section 3-6-3 of the Unified Code of Corrections
17    or the County Jail Good Behavior Allowance Act applies to
18    rules and regulations for sentence credit of a person
19    convicted of accountability.
20        (16) Section 5-8A-3 of the Unified Code of Corrections
21    applies to the eligibility of a person convicted of
22    accountability for electronic monitoring and home
23    detention.
24(Source: P.A. 96-710, eff. 1-1-10.)
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.