Bill Text: IL HB2324 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: 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.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced) 2023-05-16 - Committee/Final Action Deadline Extended-9(b) May 19, 2023 [HB2324 Detail]

Download: Illinois-2023-HB2324-Introduced.html

---

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
HB2324 LRB103 29904 RLC 56316 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by
changing Section 5-2 as follows:
(720 ILCS 5/5-2) (from Ch. 38, par. 5-2)
Sec. 5-2. Accountability When accountability exists.
(a) Elements of the offense. A person commits
accountability when A person is legally accountable for the
conduct of another when:
(1) (a) having the a mental state described by the
accompanying statute defining the offense, he or she
causes another to perform the conduct, and the other
person in fact or by reason of legal incapacity lacks such
a mental state;
(2) (b) the statute defining the accompanying offense
makes him or her so accountable; or
(3) (c) either before or during the commission of the
accompanying an offense, and with the intent to promote or
facilitate that commission, he or she solicits, aids,
abets, agrees, or attempts to aid the that other person in
the planning or commission of the accompanying offense.
When 2 or more persons engage in a common criminal design

HB2324 - 2 - LRB103 29904 RLC 56316 b
or agreement, any acts in the furtherance of that common
design committed by one party are considered to be the acts of
all parties to the common design or agreement and all are
equally responsible for the consequences of those further
acts. Mere presence at the scene of a crime does not render a
person accountable for either the offense of accountability
under this Section or the accompanying an offense; a person's
presence at the scene of a crime, however, may be considered
with other circumstances by the trier of fact when determining
accountability.
A person is not so accountable under this Section,
however, unless the statute defining the accompanying offense
provides otherwise, if:
(A) (1) he or she is the a victim of the accompanying
offense committed;
(B) (2) the accompanying offense is so defined that
his or her conduct was inevitably incident to its
commission; or
(C) (3) before the commission of the accompanying
offense, he or she terminates his or her effort to promote
or facilitate that commission and does one of the
following: (i) wholly deprives his or her prior efforts of
effectiveness in that commission, (ii) gives timely
warning to the proper law enforcement authorities, or
(iii) otherwise makes proper efforts effort to prevent the
commission of the accompanying offense.

HB2324 - 3 - LRB103 29904 RLC 56316 b
(b) Sentence. A person convicted of accountability under
this Section shall be sentenced in accordance with this
subsection. No sentence shall be imposed for the accompanying
offense.
(1) A person convicted of accountability for the
accompanying offense of first degree murder shall be
sentenced to imprisonment for a determinate term, subject
to Section 5-4.5-115 of the Unified Code of Corrections,
of no more than 30 years. The sentence of imprisonment for
an extended term for a conviction of accountability for
the accompanying offense of first degree murder, as
provided in Section 5-8-2 of the Unified Code of
Corrections, subject to Section 5-4.5-115 of that Code,
shall be no more than 50 years. Except as provided in
Section 3-3-8 of the Unified Code of Corrections, the
parole or mandatory supervised release term shall be 2
years upon release from imprisonment.
(2) A person convicted of accountability for an
accompanying Class X felony shall be sentenced to
imprisonment for a determinate term, subject to Section
5-4.5-115 of the Unified Code of Corrections, of no more
than 15 years. The sentence of imprisonment for an
extended term for a conviction of accountability for an
accompanying Class X felony, as provided in Section 5-8-2
of the Unified Code of Corrections, subject to Section
5-4.5-115 of that Code, shall be no more than 30 years.

HB2324 - 4 - LRB103 29904 RLC 56316 b
Except as provided in Section 3-3-8 or 5-8-1 of the
Unified Code of Corrections, the parole or mandatory
supervised release term shall be 2 years upon release from
imprisonment.
(3) A person convicted of accountability for an
accompanying Class 1 felony, other than for second degree
murder, shall be sentenced to a determinate term, subject
to Section 5-4.5-115 of the Unified Code of Corrections,
of no more than 7 years. The sentence of imprisonment for a
person convicted of accountability for the accompanying
offense of second degree murder shall be a determinate
term of no more than 10 years, subject to Section
5-4.5-115 of that Code. The sentence of imprisonment for
an extended term for a conviction of accountability for an
accompanying Class 1 felony, as provided in Section 5-8-2
of the Unified Code of Corrections, subject to Section
5-4.5-115 of that Code, shall be no more than 15 years.
Except as provided in Section 3-3-8 or 5-8-1 of the
Unified Code of Corrections, the parole or mandatory
supervised release term shall be one year upon release
from imprisonment.
(4) A person convicted of accountability for an
accompanying Class 2 felony shall be sentenced to a
determinate term of no more than 3 years. The sentence of
imprisonment for an extended term for a conviction of
accountability for an accompanying Class 2 felony, as

HB2324 - 5 - LRB103 29904 RLC 56316 b
provided in Section 5-8-2 of the Unified Code of
Corrections, shall be no more than 7 years. Except as
provided in Section 3-3-8 or 5-8-1 of the Unified Code of
Corrections, the parole or mandatory supervised release
term shall be one year upon release from imprisonment.
(5) A person convicted of accountability for an
accompanying Class 3 felony shall be sentenced to a
determinate term of no more than 2 years. The sentence of
imprisonment for an extended term for a conviction of
accountability for an accompanying Class 3 felony, as
provided in Section 5-8-2 of the Unified Code of
Corrections, shall be no more than 5 years. Except as
provided in Section 3-3-8 or 5-8-1 of the Unified Code of
Corrections, the parole or mandatory supervised release
term shall be 6 months upon release from imprisonment.
(6) The sentence for accountability for an
accompanying felony, other than those specified in
paragraphs (1), (2), (3), (4), and (5) of this subsection
(b), is the sentence for a Class A misdemeanor. A person
convicted of accountability for a misdemeanor may be fined
or imprisoned or both.
(7) Except as otherwise provided in Section 5-5-3 or
5-7-1 of the Unified Code of Corrections, a term of
periodic imprisonment shall not be imposed for the
conviction of accountability for the accompanying offense
of first degree murder; a sentence of periodic

HB2324 - 6 - LRB103 29904 RLC 56316 b
imprisonment shall be for a definite term of 3 to 4 years
for a conviction of accountability for an accompanying
Class X felony under this Section; a sentence of periodic
imprisonment shall be for a definite term of 18 to 30
months for a conviction of accountability for an
accompanying Class 1 felony under this Section; a sentence
of periodic imprisonment shall be for a definite term of
up to 18 months for a conviction of accountability for an
accompanying Class 2 felony under this Section; a sentence
of periodic imprisonment shall be for a definite term of
up to 12 months for a conviction of accountability for an
accompanying Class 3 felony under this Section; and a
sentence of periodic imprisonment shall be for a definite
term of up to 9 months for a conviction of accountability
for any other accompanying felony not otherwise specified
in this Section.
(8) The impact incarceration program or the county
impact incarceration program is not an authorized
disposition for the conviction of accountability for the
accompanying offense of first degree murder under this
Section. Sections 5-8-1.1 and 5-8-1.2 of the Unified Code
of Corrections apply to eligibility for the impact
incarceration program or the county impact incarceration
program for the conviction of accountability for the
accompanying offense for all other felony classes under
this Section.

HB2324 - 7 - LRB103 29904 RLC 56316 b
(9) A period of probation or conditional discharge
shall not be imposed for a conviction of accountability
for the accompanying offense of first degree murder under
this Section. Except as provided in Section 5-5-3 or 5-6-2
of the Unified Code of Corrections, the period of
probation or conditional discharge shall not exceed:
(A) 4 years for a conviction under this Section of
accountability for an accompanying Class X felony. In
no case shall an offender be eligible for a
disposition of probation or conditional discharge for
a Class X felony committed while he or she was serving
a term of probation or conditional discharge for a
felony;
(B) 3 years for a conviction of accountability for
an accompanying Class 1 felony under this Section;
(C) 30 months for a conviction of accountability
for an accompanying Class 2 felony under this Section;
(D) 24 months for a conviction of accountability
for an accompanying Class 3 felony under this Section;
and
(E) 18 months for a conviction of accountability
for an accompanying felony other than those specified
in this paragraph (9).
(f) The court shall specify the conditions of
probation or conditional discharge as set forth in
Section 5-6-3 of the Unified Code of Corrections.

HB2324 - 8 - LRB103 29904 RLC 56316 b
(10) Fines for accountability may be imposed as
provided in subsection (b) of Section 5-4.5-50 of the
Unified Code of Corrections.
(11) Restitution for accountability may be imposed as
provided in Section 5-5-6 of the Unified Code of
Corrections.
(12) The sentence for accountability shall be
concurrent or consecutive as provided in Sections 5-8-4
and Section 5-4.5-50 of the Unified Code of Corrections.
(13) Section 20 of the Drug Court Treatment Act
applies to eligibility for a drug court program by a
person convicted of accountability.
(14) Section 5-4.5-100 of the Unified Code of
Corrections applies to credit for time spent in home
detention prior to judgment for accountability.
(15) Section 3-6-3 of the Unified Code of Corrections
or the County Jail Good Behavior Allowance Act applies to
rules and regulations for sentence credit of a person
convicted of accountability.
(16) Section 5-8A-3 of the Unified Code of Corrections
applies to the eligibility of a person convicted of
accountability for electronic monitoring and home
detention.
(Source: P.A. 96-710, eff. 1-1-10.)
Section 99. Effective date. This Act takes effect upon
becoming law.