State of Illinois
92nd General Assembly
Legislation

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92_SB0639

 
                                               LRB9204794RCcd

 1        AN ACT in relation to 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 1961 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. When accountability exists.
 8        A person  is  legally  accountable  for  the  conduct  of
 9    another when any of the following conditions are present:
10        (a)  Having  a  mental  state  described  by  the statute
11    defining the  offense,  he  causes  another  to  perform  the
12    conduct,  and  the other person in fact or by reason of legal
13    incapacity lacks such a mental state.; or
14        (b)  The  statute  defining  the  offense  makes  him  so
15    accountable.; or
16        (c)  Either  before  or  during  the  commission  of   an
17    offense,  and  with  the intent to promote or facilitate such
18    commission, he solicits, aids, abets, agrees or  attempts  to
19    aid,  such  other person in the planning or commission of the
20    offense. However, a person is not so accountable, unless  the
21    statute defining the offense provides otherwise, if:
22             (1)  He is a victim of the offense committed; or
23             (2)  The  offense is so defined that his conduct was
24    inevitably incident to its commission; or
25             (3)  Before  the  commission  of  the  offense,   he
26    terminates   his   effort   to  promote  or  facilitate  such
27    commission, and does one of the  following:  wholly  deprives
28    his  prior  efforts  of  effectiveness in such commission, or
29    gives  timely  warning  to   the   proper   law   enforcement
30    authorities,  or otherwise makes proper effort to prevent the
31    commission of the offense.
 
                            -2-                LRB9204794RCcd
 1        (d)  He or she delivers a firearm, firearm ammunition, or
 2    any other dangerous weapon, explosive, device,  or  substance
 3    to  a  person the deliverer knows intends to use the firearm,
 4    firearm ammunition, weapon, explosive, device,  or  substance
 5    in the commission of an offense.
 6    (Source: Laws 1961, p. 1983.)

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