Full Text of SB2363 102nd General Assembly
SB2363 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB2363 Introduced 2/26/2021, by Sen. John Connor 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 as a separate offense. Establishes penalties.
|
| |
| | A BILL FOR |
|
| | | SB2363 | | LRB102 15678 KMF 21042 b |
|
| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by | 5 | | changing 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 the offense | 9 | | of accountability when A person is legally accountable for the | 10 | | conduct 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 |
| | | SB2363 | - 2 - | LRB102 15678 KMF 21042 b |
|
| 1 | | or agreement, any acts in the furtherance of that common | 2 | | design committed by one party are considered to be the acts of | 3 | | all the parties to the common design or agreement and all are | 4 | | equally responsible for the consequences of those further | 5 | | acts. Mere presence at the scene of a crime does not render a | 6 | | person accountable for either the offense of accountability | 7 | | under this Section or the accompanying an offense; a person's | 8 | | presence at the scene of a crime, however, may be considered | 9 | | with other circumstances by the trier of fact when determining | 10 | | accountability. | 11 | | A person is not so accountable under this Section , | 12 | | however, unless the statute
defining the accompanying offense | 13 | | provides 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 offense, he or | 20 | | she terminates his or her effort to
promote or facilitate | 21 | | that commission and does one of the following: (i)
wholly | 22 | | deprives his or her prior efforts of effectiveness in that | 23 | | commission, (ii)
gives timely warning to the proper law | 24 | | enforcement authorities, or (iii)
otherwise makes proper | 25 | | efforts effort to prevent the commission of the | 26 | | accompanying offense.
|
| | | SB2363 | - 3 - | LRB102 15678 KMF 21042 b |
|
| 1 | | (b) Sentence.
A person convicted for the offense of | 2 | | accountability under this Section shall be sentenced in | 3 | | accordance with this subsection. No sentence shall be imposed | 4 | | for the accompanying offense. | 5 | | (1) A person convicted of accountability for the | 6 | | accompanying offense, 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 of | 9 | | no more than 30 years. The sentence of imprisonment for an | 10 | | extended term for a conviction of accountability for the | 11 | | accompanying offense, first degree murder, as provided in | 12 | | Section 5-8-2 of the Unified Code of Corrections, subject | 13 | | to Section 5-4.5-115 of that Code, shall be no more than 50 | 14 | | years. Except as provided in Section 3-3-8 of the Unified | 15 | | Code of Corrections, the parole or mandatory supervised | 16 | | release term shall be 2 years upon release from | 17 | | 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. |
| | | SB2363 | - 4 - | LRB102 15678 KMF 21042 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 for 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, second degree murder, shall be a determinate term | 12 | | of no more than 10 years, subject to Section 5-4.5-115 of | 13 | | the Unified Code of Corrections. The sentence of | 14 | | imprisonment for an extended term for a conviction of | 15 | | accountability for an accompanying Class 1 felony, as | 16 | | provided in Section 5-8-2 of the Unified Code of | 17 | | Corrections, subject to Section 5-4.5-115 of that Code, | 18 | | shall be no more than 15 years. Except as provided in | 19 | | Section 3-3-8 or 5-8-1 of the Unified Code of Corrections, | 20 | | the parole or mandatory supervised release term shall be | 21 | | one year upon release 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 |
| | | SB2363 | - 5 - | LRB102 15678 KMF 21042 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 | 20 | | misdemeanor may be fined or imprisoned or both. | 21 | | (7) Except as otherwise provided in Section 5-5-3 or | 22 | | 5-7-1 of the Unified Code of Corrections, a term of | 23 | | periodic imprisonment shall not be imposed for the | 24 | | conviction of accountability for the accompanying offense | 25 | | of first degree murder; a sentence of periodic | 26 | | imprisonment shall be for a term of 3 to 4 years for a |
| | | SB2363 | - 6 - | LRB102 15678 KMF 21042 b |
|
| 1 | | conviction of accountability for an accompanying Class X | 2 | | felony under this Section; a sentence of periodic | 3 | | imprisonment shall be for a term of 18 to 30 months for a | 4 | | conviction of accountability for an accompanying Class 1 | 5 | | felony under this Section; a sentence of periodic | 6 | | imprisonment shall be for a term of up to 18 months for a | 7 | | conviction of accountability for an accompanying Class 2 | 8 | | felony under this Section; a sentence of periodic | 9 | | imprisonment shall be for a term of up to 12 months for a | 10 | | conviction of accountability for an accompanying Class 3 | 11 | | felony under this Section; and a sentence of periodic | 12 | | imprisonment shall be for a definite term of up to 12 | 13 | | months for a conviction of accountability for any other | 14 | | accompanying felony not otherwise specified in this | 15 | | Section. | 16 | | (8) The impact incarceration program or the county | 17 | | impact incarceration program is not an authorized | 18 | | disposition for the conviction of accountability for the | 19 | | accompanying offense of first degree murder under this | 20 | | Section. Sections 5-8-1.1 and 5-8-1.2 of the Unified Code | 21 | | of Corrections govern the eligibility for the impact | 22 | | incarceration program or the county impact incarceration | 23 | | program for the conviction of accountability for the | 24 | | accompanying offense for all other felony classes under | 25 | | this Section. | 26 | | (9) A period of probation or conditional discharge |
| | | SB2363 | - 7 - | LRB102 15678 KMF 21042 b |
|
| 1 | | shall not be imposed for a conviction of accountability | 2 | | for the accompanying offense of first degree murder under | 3 | | this Section. Except as provided in Section 5-5-3 or 5-6-2 | 4 | | of the Unified Code of Corrections, the period of | 5 | | probation or conditional discharge shall not exceed: | 6 | | (A) 4 years for a conviction under this Section of | 7 | | accountability for an accompanying Class X felony. In | 8 | | no case shall an offender be eligible for a | 9 | | disposition of probation or conditional discharge for | 10 | | a Class X felony committed while he or she was serving | 11 | | a term of probation or conditional discharge for a | 12 | | felony; | 13 | | (B) 4 years for a conviction of accountability for | 14 | | an accompanying Class 1 felony under this Section; | 15 | | (C) 30 months for a conviction of accountability | 16 | | for an accompanying Class 2 felony under this Section; | 17 | | (D) 30 months for a conviction of accountability | 18 | | for an accompanying Class 3 felony under this Section; | 19 | | and | 20 | | (E) 18 months for a conviction of accountability | 21 | | for an accompanying felony other than those specified | 22 | | in paragraph (9). | 23 | | (F) The court shall specify the conditions of | 24 | | probation or conditional discharge as set forth in | 25 | | Section 5-6-3 of the Unified Code of Corrections. | 26 | | (10) Fines for accountability may be imposed as |
| | | SB2363 | - 8 - | LRB102 15678 KMF 21042 b |
|
| 1 | | provided in subsection (b) of Section 5-4.5-50 of the | 2 | | Unified Code of Corrections. | 3 | | (11) Restitution for accountability shall be governed | 4 | | by Section 5-5-6 of the Unified Code of Corrections. | 5 | | (12) The sentence for accountability shall be | 6 | | concurrent or consecutive as provided in Section 5-8-4 and | 7 | | Section 5-4.5-50 of the Unified Code of Corrections. | 8 | | (13) Section 20 of the Drug Court Treatment Act shall | 9 | | govern eligibility for a drug court program for | 10 | | accountability. | 11 | | (14) Section 5-4.5-100 of the Unified Code of | 12 | | Corrections governs credit for time spent in home | 13 | | detention prior to judgment for accountability. | 14 | | (15) Section 3-6-3 of the Unified Code of Corrections | 15 | | or the County Jail Good Behavior Allowance Act governs for | 16 | | rules and regulations for sentence credit for | 17 | | accountability. | 18 | | (16) Section 5-8A-3 of the Unified Code of Corrections | 19 | | governs eligibility for electronic monitoring and home | 20 | | detention for accountability. | 21 | | (Source: P.A. 96-710, eff. 1-1-10.)
|
|