SB2363 102ND GENERAL ASSEMBLY

LRB102 15678 KMF 21042 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2363

Introduced 2/26/2021, by Sen. John Connor

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.

A BILL FOR

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 the offense of 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 or agreement, any acts in the furtherance of that common design committed by one party are considered to be the acts of all the 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 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.

(b) Sentence. A person convicted for the offense 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, 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, 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. 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 for 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, second degree murder, shall be a determinate term of no more than 10 years, subject to Section 5-4.5-115 of the Unified Code of Corrections. 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 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 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 imprisonment shall be for a 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 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 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 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 12 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 govern the 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.

(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) 4 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) 30 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 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.

(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 shall be governed by Section 5-5-6 of the Unified Code of Corrections.

(12) The sentence for accountability shall be concurrent or consecutive as provided in Section 5-8-4 and Section 5-4.5-50 of the Unified Code of Corrections.

(13) Section 20 of the Drug Court Treatment Act shall govern eligibility for a drug court program for accountability.

(14) Section 5-4.5-100 of the Unified Code of Corrections governs 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 governs for rules and regulations for sentence credit for accountability.

(16) Section 5-8A-3 of the Unified Code of Corrections governs eligibility for electronic monitoring and home detention for accountability.

(Source: P.A. 96-710, eff. 1-1-10.)