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
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
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
LRB103 29904 RLC 56316 b
A BILL FOR
HB2324LRB103 29904 RLC 56316 b HB2324 LRB103 29904 RLC 56316 b
HB2324 LRB103 29904 RLC 56316 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
9 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 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
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
LRB103 29904 RLC 56316 b
A BILL FOR
720 ILCS 5/5-2 from Ch. 38, par. 5-2
LRB103 29904 RLC 56316 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 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 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.
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1 (b) Sentence. A person convicted of accountability under
2 this Section shall be sentenced in accordance with this
3 subsection. No sentence shall be imposed for the accompanying
4 offense.
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.
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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
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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
26 becoming law.
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