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
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
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
LRB103 25116 RLC 51453 b
A BILL FOR
HB2213LRB103 25116 RLC 51453 b HB2213 LRB103 25116 RLC 51453 b
HB2213 LRB103 25116 RLC 51453 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
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
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
LRB103 25116 RLC 51453 b
A BILL FOR
720 ILCS 5/5-2 from Ch. 38, par. 5-2
LRB103 25116 RLC 51453 b
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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.
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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 not less than 10 years and not more than 30 years. The
10 sentence of imprisonment for an extended term for a
11 conviction of accountability for the accompanying offense,
12 first degree murder, as provided in Section 5-8-2 of the
13 Unified Code of Corrections, subject to Section 5-4.5-115
14 of that Code, shall be not less than 30 years and not more
15 than 50 years. Except as provided in Section 3-3-8 of the
16 Unified Code of Corrections, the parole or mandatory
17 supervised release term shall be 2 years upon release from
18 imprisonment.
19 (2) A person convicted of accountability for an
20 accompanying Class X felony shall be sentenced to
21 imprisonment for a determinate term, subject to Section
22 5-4.5-115 of the Unified Code of Corrections, of not less
23 than 3 years and not more than 15 years. The sentence of
24 imprisonment for an extended term for a conviction of
25 accountability for an accompanying Class X felony, as
26 provided in Section 5-8-2 of the Unified Code of
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1 Corrections, subject to Section 5-4.5-115 of that Code,
2 shall be not less than 15 years and not more than 30 years.
3 Except as provided in Section 3-3-8 or 5-8-1 of the
4 Unified Code of Corrections, the parole or mandatory
5 supervised release term shall be 2 years upon release from
6 imprisonment.
7 (3) A person convicted of accountability for an
8 accompanying Class 1 felony, other than for second degree
9 murder, shall be sentenced for a determinate term, subject
10 to Section 5-4.5-115 of the Unified Code of Corrections,
11 of not less than 2 years and not more than 7 years. The
12 sentence of imprisonment for a person convicted of
13 accountability for the accompanying offense, second degree
14 murder, shall be a determinate term of not less than 2
15 years and not more than 10 years, subject to Section
16 5-4.5-115 of the Unified Code of Corrections. The sentence
17 of imprisonment for an extended term for a conviction of
18 accountability for an accompanying Class 1 felony, as
19 provided in Section 5-8-2 of the Unified Code of
20 Corrections, subject to Section 5-4.5-115 of that Code,
21 shall be not less than 7 and one-half years and not more
22 than 15 years. Except as provided in Section 3-3-8 or
23 5-8-1 of the Unified Code of Corrections, the parole or
24 mandatory supervised release term shall be one year upon
25 release from imprisonment.
26 (4) A person convicted of accountability for an
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1 accompanying Class 2 felony shall be sentenced to a
2 determinate term of not less than one and one-half years
3 and not more than 3 years. The sentence of imprisonment
4 for an extended term for a conviction of accountability
5 for an accompanying Class 2 felony, as provided in Section
6 5-8-2 of the Unified Code of Corrections, shall be not
7 less than 3 and one-half years and not more than 7 years.
8 Except as provided in Section 3-3-8 or 5-8-1 of the
9 Unified Code of Corrections, the parole or mandatory
10 supervised release term shall be one year upon release
11 from imprisonment.
12 (5) A person convicted of accountability for an
13 accompanying Class 3 felony shall be sentenced to a
14 determinate term of not less than one year and not more
15 than 2 years. The sentence of imprisonment for an extended
16 term for a conviction of accountability for an
17 accompanying Class 3 felony, as provided in Section 5-8-2
18 of the Unified Code of Corrections, shall be not less than
19 2 and one-half years and not more than 5 years. Except as
20 provided in Section 3-3-8 or 5-8-1 of the Unified Code of
21 Corrections, the parole or mandatory supervised release
22 term shall be 6 months upon release from imprisonment.
23 (6) The sentence for accountability for an
24 accompanying felony, other than those specified in
25 paragraphs (1), (2), (3), (4), and (5) of this subsection
26 (b), is the sentence for a Class A misdemeanor. A
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1 misdemeanor may be fined or imprisoned or both.
2 (7) Except as otherwise provided in Section 5-5-3 or
3 5-7-1 of the Unified Code of Corrections, a term of
4 periodic imprisonment shall not be imposed for the
5 conviction of accountability for the accompanying offense
6 of first degree murder; a sentence of periodic
7 imprisonment shall be for a term of one and one-half years
8 to 4 years for a conviction of accountability for an
9 accompanying Class X felony under this Section; a sentence
10 of periodic imprisonment shall be for a term of 9 to 30
11 months for a conviction of accountability for an
12 accompanying Class 1 felony under this Section; a sentence
13 of periodic imprisonment shall be for a term of up to 18
14 months for a conviction of accountability for an
15 accompanying Class 2 felony under this Section; a sentence
16 of periodic imprisonment shall be for a term of up to 12
17 months for a conviction of accountability for an
18 accompanying Class 3 felony under this Section; and a
19 sentence of periodic imprisonment shall be for a definite
20 term of up to 12 months for a conviction of accountability
21 for any other accompanying felony not otherwise specified
22 in this Section.
23 (8) The impact incarceration program or the county
24 impact incarceration program is not an authorized
25 disposition for the conviction of accountability for the
26 accompanying offense of first degree murder under this
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1 Section. Sections 5-8-1.1 and 5-8-1.2 of the Unified Code
2 of Corrections govern the eligibility for the impact
3 incarceration program or the county impact incarceration
4 program for the conviction of accountability for the
5 accompanying offense for all other felony classes under
6 this Section.
7 (9) A period of probation or conditional discharge
8 shall not be imposed for a conviction of accountability
9 for the accompanying offense of first degree murder under
10 this Section. Except as provided in Section 5-5-3 or 5-6-2
11 of the Unified Code of Corrections, the period of
12 probation or conditional discharge shall not exceed:
13 (A) 4 years for a conviction under this Section of
14 accountability for an accompanying Class X felony. In
15 no case shall an offender be eligible for a
16 disposition of probation or conditional discharge for
17 a Class X felony committed while he or she was serving
18 a term of probation or conditional discharge for a
19 felony;
20 (B) 4 years for a conviction of accountability for
21 an accompanying Class 1 felony under this Section;
22 (C) 30 months for a conviction of accountability
23 for an accompanying Class 2 felony under this Section;
24 (D) 30 months for a conviction of accountability
25 for an accompanying Class 3 felony under this Section;
26 and
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1 (E) 18 months for a conviction of accountability
2 for an accompanying felony other than those specified
3 in paragraph (9).
4 (F) The court shall specify the conditions of
5 probation or conditional discharge as set forth in
6 Section 5-6-3 of the Unified Code of Corrections.
7 (10) Fines for accountability may be imposed as
8 provided in subsection (b) of Section 5-4.5-50 of the
9 Unified Code of Corrections.
10 (11) Restitution for accountability shall be governed
11 by Section 5-5-6 of the Unified Code of Corrections.
12 (12) The sentence for accountability shall be
13 concurrent or consecutive as provided in Section 5-8-4 and
14 Section 5-4.5-50 of the Unified Code of Corrections.
15 (13) Section 20 of the Drug Court Treatment Act shall
16 govern eligibility for a drug court program for
17 accountability.
18 (14) Section 5-4.5-100 of the Unified Code of
19 Corrections governs credit for time spent in home
20 detention prior to judgment for accountability.
21 (15) Section 3-6-3 of the Unified Code of Corrections
22 or the County Jail Good Behavior Allowance Act governs for
23 rules and regulations for sentence credit for
24 accountability.
25 (16) Section 5-8A-3 of the Unified Code of Corrections
26 governs eligibility for electronic monitoring and home
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1 detention for accountability.
2 (Source: P.A. 96-710, eff. 1-1-10.)
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