Bill Text: IL HB2213 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: Amends the Criminal Code of 2012. Creates the offense of accountability as a separate offense. Establishes penalties.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-10 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB2213 Detail]

Download: Illinois-2023-HB2213-Introduced.html

---

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
HB2213 LRB103 25116 RLC 51453 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 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

HB2213 - 2 - LRB103 25116 RLC 51453 b
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.

HB2213 - 3 - LRB103 25116 RLC 51453 b
(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
not less than 10 years and not 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 not less than 30 years and not 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 not less
than 3 years and not 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

HB2213 - 4 - LRB103 25116 RLC 51453 b
Corrections, subject to Section 5-4.5-115 of that Code,
shall be not less than 15 years and not 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 not less than 2 years and not 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 not less than 2
years and not 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 not less than 7 and one-half years and not 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

HB2213 - 5 - LRB103 25116 RLC 51453 b
accompanying Class 2 felony shall be sentenced to a
determinate term of not less than one and one-half years
and not 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 not
less than 3 and one-half years and not 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 not less than one year and not 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 not less than
2 and one-half years and not 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

HB2213 - 6 - LRB103 25116 RLC 51453 b
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 one and one-half years
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 9 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

HB2213 - 7 - LRB103 25116 RLC 51453 b
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

HB2213 - 8 - LRB103 25116 RLC 51453 b
(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

HB2213 - 9 - LRB103 25116 RLC 51453 b
detention for accountability.
(Source: P.A. 96-710, eff. 1-1-10.)