IL
Illinois House Bill HB2213

Illinois 2023-2024 Regular Session

Illinois House Bill HB2213 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2213 Introduced , by Rep. Justin Slaughter 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. LRB103 25116 RLC 51453 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2213 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: 720 ILCS 5/5-2 from Ch. 38, par. 5-2 720 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. LRB103 25116 RLC 51453 b LRB103 25116 RLC 51453 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2213 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
33 720 ILCS 5/5-2 from Ch. 38, par. 5-2 720 ILCS 5/5-2 from Ch. 38, par. 5-2
44 720 ILCS 5/5-2 from Ch. 38, par. 5-2
55 Amends the Criminal Code of 2012. Creates the offense of accountability as a separate offense. Establishes penalties.
66 LRB103 25116 RLC 51453 b LRB103 25116 RLC 51453 b
77 LRB103 25116 RLC 51453 b
88 A BILL FOR
99 HB2213LRB103 25116 RLC 51453 b HB2213 LRB103 25116 RLC 51453 b
1010 HB2213 LRB103 25116 RLC 51453 b
1111 1 AN ACT concerning criminal law.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Criminal Code of 2012 is amended by
1515 5 changing Section 5-2 as follows:
1616 6 (720 ILCS 5/5-2) (from Ch. 38, par. 5-2)
1717 7 Sec. 5-2. Accountability When accountability exists.
1818 8 (a) Elements of the offense. A person commits the offense
1919 9 of accountability when A person is legally accountable for the
2020 10 conduct of another when:
2121 11 (1) (a) having the a mental state described by the
2222 12 accompanying statute defining the offense, he or she
2323 13 causes another to perform the conduct, and the other
2424 14 person in fact or by reason of legal incapacity lacks such
2525 15 a mental state;
2626 16 (2) (b) the statute defining the accompanying offense
2727 17 makes him or her so accountable; or
2828 18 (3) (c) either before or during the commission of the
2929 19 accompanying an offense, and with the intent to promote or
3030 20 facilitate that commission, he or she solicits, aids,
3131 21 abets, agrees, or attempts to aid the that other person in
3232 22 the planning or commission of the accompanying offense.
3333 23 When 2 or more persons engage in a common criminal design
3434
3535
3636
3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2213 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
3838 720 ILCS 5/5-2 from Ch. 38, par. 5-2 720 ILCS 5/5-2 from Ch. 38, par. 5-2
3939 720 ILCS 5/5-2 from Ch. 38, par. 5-2
4040 Amends the Criminal Code of 2012. Creates the offense of accountability as a separate offense. Establishes penalties.
4141 LRB103 25116 RLC 51453 b LRB103 25116 RLC 51453 b
4242 LRB103 25116 RLC 51453 b
4343 A BILL FOR
4444
4545
4646
4747
4848
4949 720 ILCS 5/5-2 from Ch. 38, par. 5-2
5050
5151
5252
5353 LRB103 25116 RLC 51453 b
5454
5555
5656
5757
5858
5959
6060
6161
6262
6363 HB2213 LRB103 25116 RLC 51453 b
6464
6565
6666 HB2213- 2 -LRB103 25116 RLC 51453 b HB2213 - 2 - LRB103 25116 RLC 51453 b
6767 HB2213 - 2 - LRB103 25116 RLC 51453 b
6868 1 or agreement, any acts in the furtherance of that common
6969 2 design committed by one party are considered to be the acts of
7070 3 all the parties to the common design or agreement and all are
7171 4 equally responsible for the consequences of those further
7272 5 acts. Mere presence at the scene of a crime does not render a
7373 6 person accountable for either the offense of accountability
7474 7 under this Section or the accompanying an offense; a person's
7575 8 presence at the scene of a crime, however, may be considered
7676 9 with other circumstances by the trier of fact when determining
7777 10 accountability.
7878 11 A person is not so accountable under this Section,
7979 12 however, unless the statute defining the accompanying offense
8080 13 provides otherwise, if:
8181 14 (A) (1) he or she is the a victim of the accompanying
8282 15 offense committed;
8383 16 (B) (2) the accompanying offense is so defined that
8484 17 his or her conduct was inevitably incident to its
8585 18 commission; or
8686 19 (C) (3) before the commission of the offense, he or
8787 20 she terminates his or her effort to promote or facilitate
8888 21 that commission and does one of the following: (i) wholly
8989 22 deprives his or her prior efforts of effectiveness in that
9090 23 commission, (ii) gives timely warning to the proper law
9191 24 enforcement authorities, or (iii) otherwise makes proper
9292 25 efforts effort to prevent the commission of the
9393 26 accompanying offense.
9494
9595
9696
9797
9898
9999 HB2213 - 2 - LRB103 25116 RLC 51453 b
100100
101101
102102 HB2213- 3 -LRB103 25116 RLC 51453 b HB2213 - 3 - LRB103 25116 RLC 51453 b
103103 HB2213 - 3 - LRB103 25116 RLC 51453 b
104104 1 (b) Sentence. A person convicted for the offense of
105105 2 accountability under this Section shall be sentenced in
106106 3 accordance with this subsection. No sentence shall be imposed
107107 4 for the accompanying offense.
108108 5 (1) A person convicted of accountability for the
109109 6 accompanying offense, first degree murder, shall be
110110 7 sentenced to imprisonment for a determinate term, subject
111111 8 to Section 5-4.5-115 of the Unified Code of Corrections of
112112 9 not less than 10 years and not more than 30 years. The
113113 10 sentence of imprisonment for an extended term for a
114114 11 conviction of accountability for the accompanying offense,
115115 12 first degree murder, as provided in Section 5-8-2 of the
116116 13 Unified Code of Corrections, subject to Section 5-4.5-115
117117 14 of that Code, shall be not less than 30 years and not more
118118 15 than 50 years. Except as provided in Section 3-3-8 of the
119119 16 Unified Code of Corrections, the parole or mandatory
120120 17 supervised release term shall be 2 years upon release from
121121 18 imprisonment.
122122 19 (2) A person convicted of accountability for an
123123 20 accompanying Class X felony shall be sentenced to
124124 21 imprisonment for a determinate term, subject to Section
125125 22 5-4.5-115 of the Unified Code of Corrections, of not less
126126 23 than 3 years and not more than 15 years. The sentence of
127127 24 imprisonment for an extended term for a conviction of
128128 25 accountability for an accompanying Class X felony, as
129129 26 provided in Section 5-8-2 of the Unified Code of
130130
131131
132132
133133
134134
135135 HB2213 - 3 - LRB103 25116 RLC 51453 b
136136
137137
138138 HB2213- 4 -LRB103 25116 RLC 51453 b HB2213 - 4 - LRB103 25116 RLC 51453 b
139139 HB2213 - 4 - LRB103 25116 RLC 51453 b
140140 1 Corrections, subject to Section 5-4.5-115 of that Code,
141141 2 shall be not less than 15 years and not more than 30 years.
142142 3 Except as provided in Section 3-3-8 or 5-8-1 of the
143143 4 Unified Code of Corrections, the parole or mandatory
144144 5 supervised release term shall be 2 years upon release from
145145 6 imprisonment.
146146 7 (3) A person convicted of accountability for an
147147 8 accompanying Class 1 felony, other than for second degree
148148 9 murder, shall be sentenced for a determinate term, subject
149149 10 to Section 5-4.5-115 of the Unified Code of Corrections,
150150 11 of not less than 2 years and not more than 7 years. The
151151 12 sentence of imprisonment for a person convicted of
152152 13 accountability for the accompanying offense, second degree
153153 14 murder, shall be a determinate term of not less than 2
154154 15 years and not more than 10 years, subject to Section
155155 16 5-4.5-115 of the Unified Code of Corrections. The sentence
156156 17 of imprisonment for an extended term for a conviction of
157157 18 accountability for an accompanying Class 1 felony, as
158158 19 provided in Section 5-8-2 of the Unified Code of
159159 20 Corrections, subject to Section 5-4.5-115 of that Code,
160160 21 shall be not less than 7 and one-half years and not more
161161 22 than 15 years. Except as provided in Section 3-3-8 or
162162 23 5-8-1 of the Unified Code of Corrections, the parole or
163163 24 mandatory supervised release term shall be one year upon
164164 25 release from imprisonment.
165165 26 (4) A person convicted of accountability for an
166166
167167
168168
169169
170170
171171 HB2213 - 4 - LRB103 25116 RLC 51453 b
172172
173173
174174 HB2213- 5 -LRB103 25116 RLC 51453 b HB2213 - 5 - LRB103 25116 RLC 51453 b
175175 HB2213 - 5 - LRB103 25116 RLC 51453 b
176176 1 accompanying Class 2 felony shall be sentenced to a
177177 2 determinate term of not less than one and one-half years
178178 3 and not more than 3 years. The sentence of imprisonment
179179 4 for an extended term for a conviction of accountability
180180 5 for an accompanying Class 2 felony, as provided in Section
181181 6 5-8-2 of the Unified Code of Corrections, shall be not
182182 7 less than 3 and one-half years and not more than 7 years.
183183 8 Except as provided in Section 3-3-8 or 5-8-1 of the
184184 9 Unified Code of Corrections, the parole or mandatory
185185 10 supervised release term shall be one year upon release
186186 11 from imprisonment.
187187 12 (5) A person convicted of accountability for an
188188 13 accompanying Class 3 felony shall be sentenced to a
189189 14 determinate term of not less than one year and not more
190190 15 than 2 years. The sentence of imprisonment for an extended
191191 16 term for a conviction of accountability for an
192192 17 accompanying Class 3 felony, as provided in Section 5-8-2
193193 18 of the Unified Code of Corrections, shall be not less than
194194 19 2 and one-half years and not more than 5 years. Except as
195195 20 provided in Section 3-3-8 or 5-8-1 of the Unified Code of
196196 21 Corrections, the parole or mandatory supervised release
197197 22 term shall be 6 months upon release from imprisonment.
198198 23 (6) The sentence for accountability for an
199199 24 accompanying felony, other than those specified in
200200 25 paragraphs (1), (2), (3), (4), and (5) of this subsection
201201 26 (b), is the sentence for a Class A misdemeanor. A
202202
203203
204204
205205
206206
207207 HB2213 - 5 - LRB103 25116 RLC 51453 b
208208
209209
210210 HB2213- 6 -LRB103 25116 RLC 51453 b HB2213 - 6 - LRB103 25116 RLC 51453 b
211211 HB2213 - 6 - LRB103 25116 RLC 51453 b
212212 1 misdemeanor may be fined or imprisoned or both.
213213 2 (7) Except as otherwise provided in Section 5-5-3 or
214214 3 5-7-1 of the Unified Code of Corrections, a term of
215215 4 periodic imprisonment shall not be imposed for the
216216 5 conviction of accountability for the accompanying offense
217217 6 of first degree murder; a sentence of periodic
218218 7 imprisonment shall be for a term of one and one-half years
219219 8 to 4 years for a conviction of accountability for an
220220 9 accompanying Class X felony under this Section; a sentence
221221 10 of periodic imprisonment shall be for a term of 9 to 30
222222 11 months for a conviction of accountability for an
223223 12 accompanying Class 1 felony under this Section; a sentence
224224 13 of periodic imprisonment shall be for a term of up to 18
225225 14 months for a conviction of accountability for an
226226 15 accompanying Class 2 felony under this Section; a sentence
227227 16 of periodic imprisonment shall be for a term of up to 12
228228 17 months for a conviction of accountability for an
229229 18 accompanying Class 3 felony under this Section; and a
230230 19 sentence of periodic imprisonment shall be for a definite
231231 20 term of up to 12 months for a conviction of accountability
232232 21 for any other accompanying felony not otherwise specified
233233 22 in this Section.
234234 23 (8) The impact incarceration program or the county
235235 24 impact incarceration program is not an authorized
236236 25 disposition for the conviction of accountability for the
237237 26 accompanying offense of first degree murder under this
238238
239239
240240
241241
242242
243243 HB2213 - 6 - LRB103 25116 RLC 51453 b
244244
245245
246246 HB2213- 7 -LRB103 25116 RLC 51453 b HB2213 - 7 - LRB103 25116 RLC 51453 b
247247 HB2213 - 7 - LRB103 25116 RLC 51453 b
248248 1 Section. Sections 5-8-1.1 and 5-8-1.2 of the Unified Code
249249 2 of Corrections govern the eligibility for the impact
250250 3 incarceration program or the county impact incarceration
251251 4 program for the conviction of accountability for the
252252 5 accompanying offense for all other felony classes under
253253 6 this Section.
254254 7 (9) A period of probation or conditional discharge
255255 8 shall not be imposed for a conviction of accountability
256256 9 for the accompanying offense of first degree murder under
257257 10 this Section. Except as provided in Section 5-5-3 or 5-6-2
258258 11 of the Unified Code of Corrections, the period of
259259 12 probation or conditional discharge shall not exceed:
260260 13 (A) 4 years for a conviction under this Section of
261261 14 accountability for an accompanying Class X felony. In
262262 15 no case shall an offender be eligible for a
263263 16 disposition of probation or conditional discharge for
264264 17 a Class X felony committed while he or she was serving
265265 18 a term of probation or conditional discharge for a
266266 19 felony;
267267 20 (B) 4 years for a conviction of accountability for
268268 21 an accompanying Class 1 felony under this Section;
269269 22 (C) 30 months for a conviction of accountability
270270 23 for an accompanying Class 2 felony under this Section;
271271 24 (D) 30 months for a conviction of accountability
272272 25 for an accompanying Class 3 felony under this Section;
273273 26 and
274274
275275
276276
277277
278278
279279 HB2213 - 7 - LRB103 25116 RLC 51453 b
280280
281281
282282 HB2213- 8 -LRB103 25116 RLC 51453 b HB2213 - 8 - LRB103 25116 RLC 51453 b
283283 HB2213 - 8 - LRB103 25116 RLC 51453 b
284284 1 (E) 18 months for a conviction of accountability
285285 2 for an accompanying felony other than those specified
286286 3 in paragraph (9).
287287 4 (F) The court shall specify the conditions of
288288 5 probation or conditional discharge as set forth in
289289 6 Section 5-6-3 of the Unified Code of Corrections.
290290 7 (10) Fines for accountability may be imposed as
291291 8 provided in subsection (b) of Section 5-4.5-50 of the
292292 9 Unified Code of Corrections.
293293 10 (11) Restitution for accountability shall be governed
294294 11 by Section 5-5-6 of the Unified Code of Corrections.
295295 12 (12) The sentence for accountability shall be
296296 13 concurrent or consecutive as provided in Section 5-8-4 and
297297 14 Section 5-4.5-50 of the Unified Code of Corrections.
298298 15 (13) Section 20 of the Drug Court Treatment Act shall
299299 16 govern eligibility for a drug court program for
300300 17 accountability.
301301 18 (14) Section 5-4.5-100 of the Unified Code of
302302 19 Corrections governs credit for time spent in home
303303 20 detention prior to judgment for accountability.
304304 21 (15) Section 3-6-3 of the Unified Code of Corrections
305305 22 or the County Jail Good Behavior Allowance Act governs for
306306 23 rules and regulations for sentence credit for
307307 24 accountability.
308308 25 (16) Section 5-8A-3 of the Unified Code of Corrections
309309 26 governs eligibility for electronic monitoring and home
310310
311311
312312
313313
314314
315315 HB2213 - 8 - LRB103 25116 RLC 51453 b
316316
317317
318318 HB2213- 9 -LRB103 25116 RLC 51453 b HB2213 - 9 - LRB103 25116 RLC 51453 b
319319 HB2213 - 9 - LRB103 25116 RLC 51453 b
320320 1 detention for accountability.
321321 2 (Source: P.A. 96-710, eff. 1-1-10.)
322322
323323
324324
325325
326326
327327 HB2213 - 9 - LRB103 25116 RLC 51453 b