IL
Illinois House Bill HB2324

Illinois 2023-2024 Regular Session

Illinois House Bill HB2324 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2324 Introduced , 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 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2324 Introduced , by Rep. Lakesia Collins 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. Establishes penalties for accountability. Provides that no sentence shall be imposed for the accompanying offense. Effective immediately. LRB103 29904 RLC 56316 b LRB103 29904 RLC 56316 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2324 Introduced , by Rep. Lakesia Collins 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. Establishes penalties for accountability. Provides that no sentence shall be imposed for the accompanying offense. Effective immediately.
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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
1919 9 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
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2324 Introduced , by Rep. Lakesia Collins 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. Establishes penalties for accountability. Provides that no sentence shall be imposed for the accompanying offense. Effective immediately.
4141 LRB103 29904 RLC 56316 b LRB103 29904 RLC 56316 b
4242 LRB103 29904 RLC 56316 b
4343 A BILL FOR
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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 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 accompanying
8787 20 offense, he or she terminates his or her effort to promote
8888 21 or facilitate that commission and does one of the
8989 22 following: (i) wholly deprives his or her prior efforts of
9090 23 effectiveness in that commission, (ii) gives timely
9191 24 warning to the proper law enforcement authorities, or
9292 25 (iii) otherwise makes proper efforts effort to prevent the
9393 26 commission of the accompanying offense.
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104104 1 (b) Sentence. A person convicted of accountability under
105105 2 this Section shall be sentenced in accordance with this
106106 3 subsection. No sentence shall be imposed for the accompanying
107107 4 offense.
108108 5 (1) A person convicted of accountability for the
109109 6 accompanying offense of 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,
112112 9 of no more than 30 years. The sentence of imprisonment for
113113 10 an extended term for a conviction of accountability for
114114 11 the accompanying offense of first degree murder, as
115115 12 provided in Section 5-8-2 of the Unified Code of
116116 13 Corrections, subject to Section 5-4.5-115 of that Code,
117117 14 shall be no more than 50 years. Except as provided in
118118 15 Section 3-3-8 of the Unified Code of Corrections, the
119119 16 parole or mandatory supervised release term shall be 2
120120 17 years upon release from imprisonment.
121121 18 (2) A person convicted of accountability for an
122122 19 accompanying Class X felony shall be sentenced to
123123 20 imprisonment for a determinate term, subject to Section
124124 21 5-4.5-115 of the Unified Code of Corrections, of no more
125125 22 than 15 years. The sentence of imprisonment for an
126126 23 extended term for a conviction of accountability for an
127127 24 accompanying Class X felony, as provided in Section 5-8-2
128128 25 of the Unified Code of Corrections, subject to Section
129129 26 5-4.5-115 of that Code, shall be no more than 30 years.
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140140 1 Except as provided in Section 3-3-8 or 5-8-1 of the
141141 2 Unified Code of Corrections, the parole or mandatory
142142 3 supervised release term shall be 2 years upon release from
143143 4 imprisonment.
144144 5 (3) A person convicted of accountability for an
145145 6 accompanying Class 1 felony, other than for second degree
146146 7 murder, shall be sentenced to a determinate term, subject
147147 8 to Section 5-4.5-115 of the Unified Code of Corrections,
148148 9 of no more than 7 years. The sentence of imprisonment for a
149149 10 person convicted of accountability for the accompanying
150150 11 offense of second degree murder shall be a determinate
151151 12 term of no more than 10 years, subject to Section
152152 13 5-4.5-115 of that Code. The sentence of imprisonment for
153153 14 an extended term for a conviction of accountability for an
154154 15 accompanying Class 1 felony, as provided in Section 5-8-2
155155 16 of the Unified Code of Corrections, subject to Section
156156 17 5-4.5-115 of that Code, shall be no more than 15 years.
157157 18 Except as provided in Section 3-3-8 or 5-8-1 of the
158158 19 Unified Code of Corrections, the parole or mandatory
159159 20 supervised release term shall be one year upon release
160160 21 from imprisonment.
161161 22 (4) A person convicted of accountability for an
162162 23 accompanying Class 2 felony shall be sentenced to a
163163 24 determinate term of no more than 3 years. The sentence of
164164 25 imprisonment for an extended term for a conviction of
165165 26 accountability for an accompanying Class 2 felony, as
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176176 1 provided in Section 5-8-2 of the Unified Code of
177177 2 Corrections, shall be no more than 7 years. Except as
178178 3 provided in Section 3-3-8 or 5-8-1 of the Unified Code of
179179 4 Corrections, the parole or mandatory supervised release
180180 5 term shall be one year upon release from imprisonment.
181181 6 (5) A person convicted of accountability for an
182182 7 accompanying Class 3 felony shall be sentenced to a
183183 8 determinate term of no more than 2 years. The sentence of
184184 9 imprisonment for an extended term for a conviction of
185185 10 accountability for an accompanying Class 3 felony, as
186186 11 provided in Section 5-8-2 of the Unified Code of
187187 12 Corrections, shall be no more than 5 years. Except as
188188 13 provided in Section 3-3-8 or 5-8-1 of the Unified Code of
189189 14 Corrections, the parole or mandatory supervised release
190190 15 term shall be 6 months upon release from imprisonment.
191191 16 (6) The sentence for accountability for an
192192 17 accompanying felony, other than those specified in
193193 18 paragraphs (1), (2), (3), (4), and (5) of this subsection
194194 19 (b), is the sentence for a Class A misdemeanor. A person
195195 20 convicted of accountability for a misdemeanor may be fined
196196 21 or imprisoned or both.
197197 22 (7) Except as otherwise provided in Section 5-5-3 or
198198 23 5-7-1 of the Unified Code of Corrections, a term of
199199 24 periodic imprisonment shall not be imposed for the
200200 25 conviction of accountability for the accompanying offense
201201 26 of first degree murder; a sentence of periodic
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212212 1 imprisonment shall be for a definite term of 3 to 4 years
213213 2 for a conviction of accountability for an accompanying
214214 3 Class X felony under this Section; a sentence of periodic
215215 4 imprisonment shall be for a definite term of 18 to 30
216216 5 months for a conviction of accountability for an
217217 6 accompanying Class 1 felony under this Section; a sentence
218218 7 of periodic imprisonment shall be for a definite term of
219219 8 up to 18 months for a conviction of accountability for an
220220 9 accompanying Class 2 felony under this Section; a sentence
221221 10 of periodic imprisonment shall be for a definite term of
222222 11 up to 12 months for a conviction of accountability for an
223223 12 accompanying Class 3 felony under this Section; and a
224224 13 sentence of periodic imprisonment shall be for a definite
225225 14 term of up to 9 months for a conviction of accountability
226226 15 for any other accompanying felony not otherwise specified
227227 16 in this Section.
228228 17 (8) The impact incarceration program or the county
229229 18 impact incarceration program is not an authorized
230230 19 disposition for the conviction of accountability for the
231231 20 accompanying offense of first degree murder under this
232232 21 Section. Sections 5-8-1.1 and 5-8-1.2 of the Unified Code
233233 22 of Corrections apply to eligibility for the impact
234234 23 incarceration program or the county impact incarceration
235235 24 program for the conviction of accountability for the
236236 25 accompanying offense for all other felony classes under
237237 26 this Section.
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248248 1 (9) A period of probation or conditional discharge
249249 2 shall not be imposed for a conviction of accountability
250250 3 for the accompanying offense of first degree murder under
251251 4 this Section. Except as provided in Section 5-5-3 or 5-6-2
252252 5 of the Unified Code of Corrections, the period of
253253 6 probation or conditional discharge shall not exceed:
254254 7 (A) 4 years for a conviction under this Section of
255255 8 accountability for an accompanying Class X felony. In
256256 9 no case shall an offender be eligible for a
257257 10 disposition of probation or conditional discharge for
258258 11 a Class X felony committed while he or she was serving
259259 12 a term of probation or conditional discharge for a
260260 13 felony;
261261 14 (B) 3 years for a conviction of accountability for
262262 15 an accompanying Class 1 felony under this Section;
263263 16 (C) 30 months for a conviction of accountability
264264 17 for an accompanying Class 2 felony under this Section;
265265 18 (D) 24 months for a conviction of accountability
266266 19 for an accompanying Class 3 felony under this Section;
267267 20 and
268268 21 (E) 18 months for a conviction of accountability
269269 22 for an accompanying felony other than those specified
270270 23 in this paragraph (9).
271271 24 (f) The court shall specify the conditions of
272272 25 probation or conditional discharge as set forth in
273273 26 Section 5-6-3 of the Unified Code of Corrections.
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284284 1 (10) Fines for accountability may be imposed as
285285 2 provided in subsection (b) of Section 5-4.5-50 of the
286286 3 Unified Code of Corrections.
287287 4 (11) Restitution for accountability may be imposed as
288288 5 provided in Section 5-5-6 of the Unified Code of
289289 6 Corrections.
290290 7 (12) The sentence for accountability shall be
291291 8 concurrent or consecutive as provided in Sections 5-8-4
292292 9 and Section 5-4.5-50 of the Unified Code of Corrections.
293293 10 (13) Section 20 of the Drug Court Treatment Act
294294 11 applies to eligibility for a drug court program by a
295295 12 person convicted of accountability.
296296 13 (14) Section 5-4.5-100 of the Unified Code of
297297 14 Corrections applies to credit for time spent in home
298298 15 detention prior to judgment for accountability.
299299 16 (15) Section 3-6-3 of the Unified Code of Corrections
300300 17 or the County Jail Good Behavior Allowance Act applies to
301301 18 rules and regulations for sentence credit of a person
302302 19 convicted of accountability.
303303 20 (16) Section 5-8A-3 of the Unified Code of Corrections
304304 21 applies to the eligibility of a person convicted of
305305 22 accountability for electronic monitoring and home
306306 23 detention.
307307 24 (Source: P.A. 96-710, eff. 1-1-10.)
308308 25 Section 99. Effective date. This Act takes effect upon
309309 26 becoming law.
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