Bill Text: IL HB3348 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Provides that a person found legally accountable for the conduct of another when either before or during the commission of an offense, by taking deliberate action (deletes and with the intent) to promote or facilitate that commission, he or she solicits, aids, abets, agrees, or attempts to aid that other person in the planning or commission of the offense shall be sentenced pursuant to the Unified Code of Corrections, except when: (1) the person initiated the commission of the offense; or (2) the person expressly directed another person to engage in conduct that constituted an element of the offense. Amends the Unified Code of Corrections. Provides that a person convicted under such an accountability theory shall be sentenced according to the provisions of the Unified Code of Corrections. Provides that no separate sentence shall be imposed for the offense in which the conduct of another person satisfied an element of the offense for which the individual has been found guilty. Establishes penalties for being legally accountable for the conduct of another under such an accountability theory. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-07 - Filed with the Clerk by Rep. Lisa Davis [HB3348 Detail]

Download: Illinois-2025-HB3348-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3348 Introduced , by Rep. Lisa Davis SYNOPSIS AS INTRODUCED:
720 ILCS 5/5-2 from Ch. 38, par. 5-2
730 ILCS 5/5-4.5-120 new
Amends the Criminal Code of 2012. Provides that a person found legally accountable for the conduct of another when either before or during the commission of an offense, by taking deliberate action (deletes and with the intent) to promote or facilitate that commission, he or she solicits, aids, abets, agrees, or attempts to aid that other person in the planning or commission of the offense shall be sentenced pursuant to the Unified Code of Corrections, except when: (1) the person initiated the commission of the offense; or (2) the person expressly directed another person to engage in conduct that constituted an element of the offense. Amends the Unified Code of Corrections. Provides that a person convicted under such an accountability theory shall be sentenced according to the provisions of the Unified Code of Corrections. Provides that no separate sentence shall be imposed for the offense in which the conduct of another person satisfied an element of the offense for which the individual has been found guilty. Establishes penalties for being legally accountable for the conduct of another under such an accountability theory. Effective immediately.
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A BILL FOR
HB3348 LRB104 08883 RLC 18938 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. When accountability exists.
(a) A person is legally accountable for the conduct of
another when:
(1) (a) having a mental state described by the 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 offense makes him or
her so accountable; or
(3) (c) either before or during the commission of an
offense, by taking deliberate action and with the intent
to promote or facilitate that commission, he or she
solicits, aids, abets, agrees, or attempts to aid that
other person in the planning or commission of the offense.
(b) 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

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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 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, however, unless the
statute defining the offense provides otherwise, if:
(1) he or she is a victim of the offense committed;
(2) the offense is so defined that his or her conduct
was inevitably incident to its commission; or
(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
effort to prevent the commission of the offense.
(c) A person found legally accountable for the conduct of
another pursuant to paragraph (3) of subsection (a) shall be
sentenced pursuant to Section 5-4.5-120 of the Unified Code of
Corrections, except when:
(1) the person initiated the commission of the
offense; or
(2) the person expressly directed another person to

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engage in conduct that constituted an element of the
offense.
(Source: P.A. 96-710, eff. 1-1-10.)
Section 10. The Unified Code of Corrections is amended by
adding Section 5-4.5-120 as follows:
(730 ILCS 5/5-4.5-120 new)
Sec. 5-4.5-120. SENTENCING OF INDIVIDUALS ACCOUNTABLE FOR
THE CONDUCT OF ANOTHER. A person convicted under an
accountability theory as set forth in paragraph (3) of
subsection (a) of Section 5-2 of the Criminal Code of 2012
shall be sentenced under this Section. No separate sentence
shall be imposed for the offense in which the conduct of
another person satisfied an element of the offense for which
the individual has been found guilty.
(1) A person accountable for the conduct of another under
paragraph (3) of subsection (a) of Section 5-2 of the Criminal
Code of 2012 convicted of first degree murder, shall be
sentenced to imprisonment for a determinate term, subject to
Section 5-4.5-115 of this Code, of no more than 30 years. The
sentence of imprisonment for an extended term for first degree
murder for a person accountable for the conduct of another
under paragraph (3) of subsection (a) of Section 5-2 of the
Criminal Code of 2012, as provided in Section 5-8-2 of this
Code, subject to Section 5-4.5-115 of that Code, shall be no

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more than 50 years. Except as provided in Section 3-3-8 of this
Code, the parole or mandatory supervised release term shall be
2 years upon release from imprisonment.
(2) A person accountable for the conduct of another under
paragraph (3) of subsection (a) of Section 5-2 of the Criminal
Code of 2012 convicted of a Class X felony is sentenced to
imprisonment for a determinate term, subject to Section
5-4.5-115 of this Code, of no more than 15 years. The sentence
of imprisonment for an extended term for a Class X felony for a
person accountable for the conduct of another under paragraph
(3) of subsection (a) of Section 5-2 of the Criminal Code of
2012, as provided in Section 5-8-2 of this Code, 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 this Code, the
parole or mandatory supervised release term shall be 2 years
upon release from imprisonment.
(3) A person accountable for the conduct of another under
paragraph (3) of subsection (a) of Section 5-2 of the Criminal
Code of 2012 convicted of a Class 1 felony, other than for
second degree murder, shall be sentenced for a determinate
term, subject to Section 5-4.5-115 of this Code, of no more
than 7 years. The sentence of imprisonment for a person
accountable for the conduct of another under paragraph (3) of
subsection (a) of Section 5-2 of the Criminal Code of 2012
convicted of second degree murder, shall be a determinate term
of no more than 10 years, subject to Section 5-4.5-115 of this

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Code. The sentence of imprisonment for an extended term for a
Class 1 felony for a person accountable for the conduct of
another under paragraph (3) of subsection (a) of Section 5-2
of the Criminal Code of 2012, as provided in Section 5-8-2 of
this Code, 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 this Code, the parole or mandatory supervised release
term shall be one year upon release from imprisonment.
(4) A person accountable for the conduct of another under
paragraph (3) of subsection (a) of Section 5-2 of the Criminal
Code of 2012 convicted of a 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 Class 2 felony for a
person accountable for the conduct of another under paragraph
(3) of subsection (a) of Section 5-2 of the Criminal Code of
2012, as provided in Section 5-8-2 of this Code, shall be no
more than 7 years. Except as provided in Section 3-3-8 or 5-8-1
of this Code, the parole or mandatory supervised release term
shall be one year upon release from imprisonment.
(5) A person accountable for the conduct of another under
paragraph (3) of subsection (a) of Section 5-2 of the Criminal
Code of 2012 convicted of a 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 Class 3 felony for a
person accountable for the conduct of another under paragraph
(3) of subsection (a) of Section 5-2 of the Criminal Code of

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2012, as provided in Section 5-8-2 of this Code shall be no
more than 5 years. Except as provided in Section 3-3-8 or 5-8-1
of this Code, the parole or mandatory supervised release term
shall be 6 months upon release from imprisonment.
(6) The sentence of a person accountable for the conduct
of another under paragraph (3) of subsection (a) of Section
5-2 of the Criminal Code of 2012 convicted of a felony other
than those specified in paragraphs (1), (2), (3), (4), and (5)
is the sentence for a Class A misdemeanor. A misdemeanant may
be fined or imprisoned or both.
(7) Except as otherwise provided in Section 5-5-3 or 5-7-1
of this Code, a term of periodic imprisonment shall not be
imposed for a person accountable for the conduct of another
under paragraph (3) of subsection (a) of Section 5-2 of the
Criminal Code of 2012 convicted of first degree murder; a
sentence of periodic imprisonment shall be for a definite term
of 3 to 4 years for a Class X felony under this Section; a
sentence of periodic imprisonment shall be for a definite term
of 18 to 30 months for a Class 1 felony under this Section; a
sentence of periodic imprisonment shall be for a definite term
of up to 18 months for a Class 2 felony under this Section; a
sentence of periodic imprisonment shall be for a definite term
of up to 12 months for a Class 3 felony under this Section; and
a sentence of periodic imprisonment shall be for a definite
term of up to 9 months for any other felony not otherwise
specified in this Section.

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(8) The impact incarceration program or the county impact
incarceration program is not an authorized disposition for a
person accountable for the conduct of another under paragraph
(3) of subsection (a) of Section 5-2 of the Criminal Code of
2012 convicted of first degree murder under this Section.
Sections 5-8-1.1 and 5-8-1.2 of this Code apply to eligibility
for the impact incarceration program or the county impact
incarceration program for all other felony classes under this
Section.
(9) A period of probation or conditional discharge shall
not be imposed for a person accountable for the conduct of
another under paragraph (3) of subsection (a) of Section 5-2
of the Criminal Code of 2012 convicted of first degree murder
under this Section. Except as provided in Section 5-5-3 or
5-6-2 of this Code, the period of probation or conditional
discharge shall not exceed:
(A) 4 years for a person accountable for the conduct
of another under paragraph (3) of subsection (a) of
Section 5-2 of the Criminal Code of 2012 convicted of a
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 person accountable for the conduct
of another under paragraph (3) of subsection (a) of
Section 5-2 of the Criminal Code of 2012 convicted of a

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Class 1 felony under this Section;
(C) 30 months for a person accountable for the conduct
of another under paragraph (3) of subsection (a) of
Section 5-2 of the Criminal Code of 2012 convicted of a
Class 2 felony under this Section;
(D) 24 months for a person accountable for the conduct
of another under paragraph (3) of subsection (a) of
Section 5-2 of the Criminal Code of 2012 convicted of a
Class 3 felony under this Section; and
(E) 18 months for a person accountable for the conduct
of another under paragraph (3) of subsection (a) of
Section 5-2 of the Criminal Code of 2012 convicted of a
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 this Code.
(10) Fines may be imposed as provided in Section 5-4.5-50
of this Code.
(11) Restitution for individuals accountable for the
conduct of another may be imposed as provided in Section 5-5-6
of this Code.
(12) The sentence shall be concurrent or consecutive as
provided in Section 5-8-4 and Section 5-4.5-50 of this Code.
(13) Section 20 of the Drug Court Treatment Act applies to
eligibility for a drug court program by a person accountable
for the conduct of another under paragraph (3) of subsection

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(a) of Section 5-2 of the Criminal Code of 2012.
(14) Section 5-4.5-100 of this Code applies to credit for
time spent in home detention prior to judgment of conviction
for a person accountable for the conduct of another under
paragraph (3) of subsection (a) of Section 5-2 of the Criminal
Code of 2012.
(15) Section 3-6-3 of this Code or the County Jail Good
Behavior Allowance Act applies to rules and regulations for
sentence credit of a person accountable for the conduct of
another under paragraph (3) of subsection (a) of Section 5-2
of the Criminal Code of 2012.
(16) Section 5-8A-3 of this Code applies to the
eligibility of a person accountable for the conduct of another
under paragraph (3) of subsection (a) of Section 5-2 of the
Criminal Code of 2012 for electronic monitoring and home
detention.
Section 99. Effective date. This Act takes effect upon
becoming law.