In Re TYRELL A.

³⁵⁸ HARRELL, J. “The first rule of Fight Club is: You do not talk about Fight Club.” — Fight Club (Fox 2000 Pictures, Regency Enterprises, Linson Films 1999). In this case, at the very least, the first rule of Fight Club was violated apparently. Two high school students, both of whom were minors at the time of the underlying pugilistic display, engaged in a fist-fight. Their verbal argument that commenced in front of their school came to blows behind the school.

The pre-fight publicity attracted an audience, causing a disturbance in scholastic activities. In the course of the fight, one of the combatants, Dylan P., suffered a broken nose and damaged sinuses. In a subsequent juvenile proceeding, Tyrell A. (“Petitioner”), the nominal victor of the main event, was found by the Circuit Court for Montgomery County, sitting as a juvenile court, to have been involved in the common law offense of affray. 1 For purposes of determining Petitioner’s involvement, the Court found Dylan P. to be also a participant in the affray; however, he was not charged with any delinquent act arising from the fight.

The Circuit Court placed Petitioner on probation. One of the conditions of his probation required him to pay restitution for a portion of the medical expenses incurred by Dylan P. for treatment of his injuries suffered during the affray. We consider here whether the Circuit Court had discretion, under Maryland Code (2001, 2008 Repl.Vol.), Criminal Procedure Article, §§ 11-603, 11-222 (“CP”), to order restitution, under ³⁵⁹ the circumstances, to a voluntary co-participant in the delinquent act of affray for which Petitioner was found involved. Factual and Procedural Background On 11 April 2012, the State’s Attorney for Montgomery County filed a juvenile petition alleging that Petitioner was a delinquent child who committed second degree assault and affray.

A merits hearing was held on 14 June 2012. Petitioner and the State reached a plea agreement in which Petitioner admitted involvement in the alleged affray and the State withdrew the charge of second degree assault. The Circuit Court for Montgomery County, sitting as a juvenile court, informed Petitioner of his trial rights and, satisfied that he understood the impact of his admission and was admitting freely and voluntarily to the affray, accepted Petitioner’s admission. The State then offered the following predicate facts in support of Petitioner’s admission: On January 13, 2012, at Blake High School [Tyrell A.] and [Dylan P.] were arguing in front of the high school. [Tyrell A.] challenged [Dylan P.] to a fight out behind the school wherein [Tyrell A.] punched [Dylan P.] in the face two times, breaking his nose and damaging his sinuses.

This fight caused a disturbance of school operations and its students and all events occurred in Montgomery County, Maryland. Petitioner accepted the State’s proffer, adding only that “[Tyrell A.] didn’t invite [Dylan P.] to the rear of the school. [Dylan P.] did go to the rear of the school and that’s where the affray occurred.” On this information, the juvenile judge determined that Petitioner committed the offense of affray. After inquiring as to the cause of the argument that led to the two-punch knockout — money for a bus fare, according to Petitioner — the judge placed Petitioner on probation. 2 ³⁶⁰ The terms of Petitioner’s probation required that he observe a curfew and other rules set by his parents, continue with outpatient drug treatment, and participate in an education assessment and any directed family-based services. The State also sought restitution to be paid to Dylan P. for his medical expenses resulting from his injuries sustained in the affray.

A restitution hearing was scheduled for a later date so that Petitioner’s counsel could prepare Petitioner’s defense. On 19 July 2012, the juvenile court held a restitution hearing. Petitioner, through his attorney, argued that restitution was not appropriate because Dylan P. was not the victim of the affray, but rather a co-participant who was involved equally in the delinquent conduct. The State, pointing to the language of the restitution statutes, argued that the statutory text did not prohibit restitution to co-participants of criminal or delinquent conduct and, therefore, the Court had discretion to order restitution.

The Circuit Court amended Petitioner’s probation to require Petitioner’s payment of $299.76 to Dylan P. as partial restitution for Dylan P.’s medical expenses. This sum was half of the amount sought by the State. According to the judge, because both Petitioner and Dylan P. were participants in the affray, and therefore Dylan P. was as responsible for his injuries as Petitioner, it was not appropriate for Petitioner to pay the full amount of the medical expenses. Petitioner appealed to the Court of Special Appeals the restitution requirement of his probation.

In an unreported opinion, a divided panel of the intermediate appellate court affirmed the Circuit Court’s order of restitution. The majority relied on the text of CP § ll-601(j) defining “victim” for purposes of CP § 11-603. Judge Irma Raker (specially assigned) authored a dissenting opinion, focusing rather on the ordinary usage of “victim” within the criminal law and concluding that Dylan P. was not a victim within the ambit of the statute. Petitioner sought our review of the restitution requirement as a condition of his probation.

We issued a writ of certiorari, ³⁶¹ In re: Tyrell A., 439 Md. 327 , 96 A.3d 143 (2014), to consider the following questions: 1) Does the term “victim,” defined in Md.Code (2001, 2008 Repl. Vol.) Criminal Procedure Art., §§ 11 — 601(j) and 11-603(a), as “a person who suffers death, personal injury, or property damage or loss as a direct result of a crime or delinquent act,” include an individual who sustains personal injury while voluntarily participating in the crime or delinquent act? 2) Is an individual who sustains personal injury while voluntarily participating in the common law offense of affray a “victim” within the meaning of §§ 11 — 601(j) and ll-603(a)? 3) Should the definition of “victim” in §§ 11 — 601(j) and 11-603(a) be given a different interpretation in juvenile delinquency cases than in criminal cases? [ 3 ] 4) Did the trial court lack authority to order Petitioner to make restitution in this case? Discussion A trial court has discretion to order restitution when, “as a direct result of the crime or delinquent act, property of the victim was stolen, damaged, destroyed, converted, or unlawfully obtained, or its value substantially decreased.... ” CP § ll-603(a)(l). Restitution may be ordered for medical and funeral expenses, direct out-of-pocket losses, loss of earnings, and certain government expenses.

See CP § ll-603(a). “Victim” is defined as: “(1) a person who suffered death, personal injury, or property damage or loss as a direct result of a crime or delinquent act; or, (2) if the person is deceased, the personal representative the estate of the person.” CP § 11-601(j). The present case turns on whether a person who was ³⁶² a voluntary co-participant in the crime or delinquent act may be deemed a “victim” under CP § ll-601(j). When interpreting statutes, we seek to ascertain and implement the intent of the Legislature. Williams v. Peninsula Reg’l Med.

Ctr., 440 Md. 573, 580 , 103 A.3d 658, 663 (2014); Johnson v. Mayor & City Council of Baltimore City, 387 Md. 1, 11 , 874 A.2d 439, 445 (2005); Witte v. Azarian, 369 Md. 518, 525 , 801 A.2d 160, 165 (2002). We look first to the text of the statute. “If the language of the statute is unambiguous and clearly consistent with the statute’s apparent purpose, our inquiry as to legislative intent ends ordinarily and we apply the statute as written, without resort to other rules of construction.” Lockshin v. Semsker, 412 Md. 257, 275 , 987 A.2d 18, 28-29 (2010). If ambiguity is found in the text, or if the plain meaning of the text does not comport with the apparent purpose of the statute, we consult other indicia of legislative intent, including the relevant statute’s legislative history, the context of the statute within the broader legislative scheme, and the rationality of competing constructions. 4 Witte, 369 Md. at 525-26 , 801 A.2d at 165 . A. Text of CP § 11-6010) The text of CP § 11 — 6010") does not eliminate expressly co-participants in criminal or delinquent acts from being consid ³⁶³ ered a “victim” for purposes of restitution.

A voluntary participant in a criminal or delinquent activity may be harmed as a direct result of that activity. Indeed, some actions are criminalized, at least in part, for the very reason that a participant may be harmed. See, e.g., Maryland Code (2002, 2012 Repl.Vol.), Criminal Law Article, §§ 3-102 (prohibiting assisting a person to commit or attempt suicide), 5-601 (prohibiting possession, attempts at acquisition, or administration of a controlled dangerous substance), 10-108 (prohibiting possession and use of a tobacco product by a minor). As the Supreme Court of the United States noted in Bond v. United States, -U.S. -, 134 S.Ct. 2077 , 189 L.Ed.2d 1 (2014), however, “it is not unusual to consider the ordinary meaning of a defined term, particularly when there is dissonance between that ordinary meaning and the reach of the definition.” 5 Id. at 2091 .

The General Assembly legislates, like the ³⁶⁴ United States Congress, against “the backdrop of certain unexpressed presumptions” Id. at 2088 (quoting EEOC v. Arabian American Oil Co., 499 U.S. 244, 248 , 111 S.Ct. 1227 , 113 L.Ed.2d 274 (1991)) (internal quotation marks omitted). In such cases, ambiguity may lurk. The definition of “victim” contained in CP § 11-601Q, assuming for the sake of argument that it may embrace voluntary participants of criminal conduct, is at odds with the ordinary meaning of the term. In common parlance, a person who participates actively and voluntarily in criminal conduct, and is thereby injured in a highly foreseeable way based on the nature of the crime, is not ordinarily a “victim.” Under the State’s interpretation of CP § ll-601(j), however, such a person would be a “victim” for the purposes of CP § 11-603, with presumed eligibility for restitution from his or her accomplices and co-participants. 6 ³⁶⁵ We assume the General Assembly used consciously the term “victim,” rather than some other term (such as “affected person,” “injured party,” or “harmed individual”). “[0]ur rules of statutory construction require us to interpret the statute such that ‘no word, clause, sentence or phrase is rendered surplusage, superfluous, meaningless or nugatory.’ ” Allen v. State, 440 Md. 643, 670-71 , 103 A.3d 700, 716 (2014) (quoting Blake v. State, 395 Md. 213, 224 , 909 A.2d 1020, 1026 (2006)).

Although it is conceivable that the term was intended to be merely a placeholder, it would be a curious one. The incongruence, it seems to us, between the ordinary meaning of “victim” and a plain meaning “take” on the definition in CP § 11 — 601(j) urged by the State warrants further investigation of the intent of the General Assembly. B. Context of CP § 11-601 (j) within the Maryland Code Title 11 of the Criminal Procedure Article of the Maryland Code, titled “Victims and Witnesses,” of which Maryland’s restitution scheme is codified in Subtitle 6, contains definitions of “victim” in other contexts. Consideration of these similar statutory definitions casts a shadow of doubt as to the legislative intent animating CP § ll-601(j).

Subtitle 1 of the Criminal Procedure Article, pertaining to victims’ rights throughout criminal and delinquent proceedings, does not contain an overarching definition of “victim”; however, the term is defined for purposes of victim notification. Criminal Procedure § ll-104(a)(2) defines “victim” as “a person who suffers actual or threatened physical, emotional, or financial harm as a direct result of a crime or delinquent act.” A law enforcement officer, District Court commissioner, or juvenile intake officer who first makes contact with the so defined “victim” is required to give him or her pamphlets summarizing the rights afforded to victims under Maryland law. See CP § 11 — 104(b); CP § 11-914(9). Prosecutors are required to: (1) provide the victim with a pamphlet highlight ³⁶⁶ ing post-indictment rights of victims under Maryland law; (2) inform the victim about the possibility of restitution; and (3) notify the victim of any plea agreement, judicial action, or proceeding that affects the interests of the victim.

CP § 11-104(c). Subtitle 2 of Title 11 of the Criminal Procedure Article establishes a set of pretrial rights for victims of assault and delinquent acts. For delinquent acts, the Subtitle defines “victim” as having the “meaning stated in § 3-8A-01 of the Courts [and Judicial Proceedings] Article.” Criminal Procedure § ll-202(a). Maryland Code (1974, 2013 Repl.Vol.), Courts and Judicial Proceedings Article, § 3-8A-01, in turn, defines “victim” as: “(i) [a] person who suffers direct or threatened physical, emotional, or financial harm as a result of a delinquent act; or (ii) an individual against whom an act specified in § 3-8A-19.1(b) of this subtitle is committed or alleged to have been committed.” Neither section makes a distinction between voluntary co-participants in the injurious crime and innocent victims.

To delineate the rights held by victims of delinquent acts, CP § ll-202(b) points also to Title 3A of the Courts and Judicial Proceedings Article. Victims are afforded a voice in the juvenile justice system. They are kept informed of the actions taken against a child, being notified, for example, that a petition alleging that the child was delinquent has been filed or that the intake officer declined to authorize a petition (with an explanation of the reasons he or she so decided). Md.Code (1974, 2013 Repl.Vol.), Courts and Judicial Proceedings Art., § 3-8A-10(d)(4), (g)(2).

Victims are able even to participate in significant decisions about rehabilitation of the child. If the intake officer seeks to engage in “informal adjustment” of the matter, rather than judicial action, he or she must obtain first the permission of the victim. Md.Code (1974, 2013 Repl.Vol.), Courts and Judicial Proceedings Art., § 3-8A-10(f). The victim also may appeal an intake officer’s decision not to authorize the filing of a petition with the court after receiving a complaint alleging a delinquent act.

Md.Code (1974, 2013 ³⁶⁷ Repl.Vol.), Courts and Judicial Proceedings Art., § 3-8A-10(h)(l)(i). Subtitle 5 of Title 11 of the Criminal Procedure Article provides for certain post-sentencing procedures for defendants charged with felonies and child respondents alleged to have committed delinquent acts that would have been felonies if committed by an adult. See CP § 11-502. Within the Subtitle, “victim” is defined as “a person who suffers direct or threatened physical, emotional, or financial harm as a direct result of a crime or delinquent act.” CP § 11 — 501(b).

No distinction is made for co-participants in the criminal or delinquent activity that caused the harm. Criminal Procedure § 11-503 obligates the State’s Attorney, at the victim’s request, to provide to the victim notification of subsequent proceedings, including appeals, sentence reviews, and sentence modification hearings. In this notice, the State’s Attorney must include the date, time, location, and a description of the proceeding. CP § 11 — 503(d).

Similarly, the Department of Public Safety and Correctional Services, at the request of the victim, must notify the victim of a violent crime 7 if: (1) the convicted person has been found guilty of violating parole; (2) a warrant or subpoena has been issued for the convicted person; (3) the convicted person is being considered for a commutation, pardon, or remission of sentence; (4) the convicted person has violated mandatory supervision; and, (5) the Department will enter into a predeter ³⁶⁸ mined parole release agreement with the convicted person. CP § 11-505. Notification is also required at the convict or delinquent child’s release from confinement. CP § 11-508.

Another element of Subtitle 5 provides for victims’ participation in the parole process. According to CP § ll-505(b), victims under Subtitle 5 have the rights provided for in Maryland Code (1999, 2008 Repl.Vol.), Correctional Services Article, §§ 7-801, 7-304. 8 Under these provisions, victims may provide updated written victim impact statements to the Maryland Parole Commission, make recommendations to the Commission about the advisability of releasing the inmate, request that the inmate be prohibited from contacting the victim while under supervision, and attend the parole hearing. Id. Subtitles 9 and 10 of Title 11 of the Criminal Procedure Article also define facially “victim” to include voluntary participants in the crimes that caused their injuries.

Both subtitles define principally “victim” as “a person who suffers direct or threatened physical, emotional, or financial harm as a direct result of a crime.” See CP §§ 11 — 910(f), ll-1001(e). 9 Subtitle ³⁶⁹ 9 authorizes the Victim and Witness Protection and Relocation Program. Subtitle 10 provides guidelines for treatment of victims of crimes, victims’ representatives, and witnesses. Neither subtitle excepts participants in the crimes or delinquent conduct from their definition of victim. The definitions of “victim” in Subtitles 1, 2, 5, 9, and 10 differ slightly from the definition in Subtitle 6.

In each of the subtitles, however, “victim” is defined in a way that does not exclude voluntary co-participants in the criminal or delinquent activity that caused the co-participant’s injury. 10 On the other hand, if the omission by the General Assembly from any distinguishment of voluntary co-participants in criminal or delinquent conduct injured by that conduct from innocent victims in the definition of “victim” for purposes of Subtitle 6 creates no room for doubt, then there would be similarly no ambiguity in like circumstances in the other subtitles considered here. Yet, when that assumption is tested, it yields more doubt that a plain meaning approach is rational regarding Subtitle 6’s provisions. We are skeptical of the proposition that the General Assembly intended voluntary co-participants of crimes who are injured as a result of the underlying misconduct to partake in the punishment and rehabilitation of their criminal cohorts. It is certainly reasonable to doubt that the General Assembly intended in Subtitle 2, in the case of two delinquent children who commit a burglary in the course of which one of the ³⁷⁰ children is injured, for example, that the injured participant would be able to block the “informal adjustment” of the other participant, if that result was determined by the intake officer to be in the best interests of the child and most likely to lead to rehabilitation.

It is also less than certain that, for purposes of Subtitle 5, the General Assembly intended, in the case of two adults who commit a burglary in which one of the co-participants is injured, that the injured burglar would be permitted to participate in the parole hearings of his or her co-miscreant. Practical issues arise if the definitions of “victim” in Title 11 were interpreted literally as the State and other courts in the present case interpret CP § ll-601(j). In Attorney Grievance Commission v. Smith, 442 Md. 14 , 109 A.3d 1184 (2015), we held recently that an Assistant State’s Attorney violated Maryland Lawyers’ Rules of Professional Conduct (“MLRPC”) 1.3, 8.4(d), and 8.4(a) 11 when he was grossly negligent in failing to communicate at all with the victim in a child sexual abuse case and her foster mother, including providing the notifications required by CP § 11-104 and failing to verify information (which proved to be false) he used to obtain a postponement of the criminal case beyond the Hicks date. Id., at 30-31, 33-34, 35-36, 109 A.3d 1184 .

As a result, we suspended indefinitely the attorney from the practice of law in Maryland, with leave to apply for reinstatement to our Bar in no sooner than sixty days. Id., at 38 , 109 A.3d 1184 . Although our holding that the attorney violated MLRPC 1.3 was not based solely on his failure to notify the victim and her foster mother of the proceedings, prosecutors might feel obligated, lest they run afoul of the MLRPC, to notify injured co-participants in crimes as well. The practical effects of keeping ³⁷¹ criminal and delinquent participants notified of the status of the processing of their partners-in-crime are dubious.

The only subtitle of Title 11 of the Criminal Procedure Article that exempts explicitly participants in a crime from receiving the same benefits as innocent victims is the criminal victims’ compensation scheme provided in Subtitle 8. The Criminal Injuries Compensation Board provides State-funded compensation for innocent victims of certain crimes. Opert v. Criminal Injuries Comp. Bd., 403 Md. 587, 590 , 943 A.2d 1229, 1231 (2008).

Comparison between the language of the compensation scheme contained in Subtitle 8 and the restitution scheme contained in Subtitle 6 further muddies the waters surrounding the definition of “victim” in CP § 11-601®. In Subtitle 8, “victim” is defined more broadly than in Subtitle 6. Criminal Procedure § 11-801© states: Victim means a person: (1) who suffers physical injury or death as a result of a crime or delinquent act; (2) who suffers psychological injury as a direct result of: (i) a fourth degree sexual offense or a delinquent act that would be a fourth degree sexual offense if committed by an adult; (ii) a felony or delinquent act that would be a felony if committed by an adult; or (iii) physical injury or death resulting from a crime or delinquent act; or (3) who suffers physical injury or death as a direct result of: (i) trying to prevent a crime or delinquent act or an attempted crime or delinquent act from occurring in the person’s presence; (ii) trying to apprehend an offender who had committed a crime or delinquent act in the person’s presence or had ³⁷² committed a felony or a delinquent act that would be a felony if committed by an adult; or (iii) helping a law enforcement officer in the performance of the officer’s duties or helping a member of a fire department who is being obstructed from performing the member’s duties. Criminal Procedure § ll-601(j) limits victims for purposes of restitution generally to only those injured as a direct result of the acts that made the conduct illegal.

State v. Stachowski, 440 Md. 504, 513 , 103 A.3d 618, 623 (2014) (citing Goff v. State, 387 Md. 327, 344 , 875 A.2d 132, 142 (2005); Pete v. State, 384 Md. 47, 60-61 , 862 A.2d 419, 426-27 (2004)). Despite the broader definition of “victim” with regard to the operations of the Criminal Injuries Compensation Board, persons who engage in mutual combat or participate in a crime or delinquent act (and are injured in the course of that misconduct) are denied compensation. Criminal Procedure § 11— 810(d)(3) states explicitly that “[a] claimant may not receive an award if: (i) [t]he victim initiated, consented to, provoked, or unreasonably failed to avoid a physical confrontation with the offender; or (ii) the victim was participating in a crime or delinquent act when the injury was inflicted.” The explicit exclusion of criminal and delinquent participants and mutual combatants from compensation under Subtitle 8 cuts both ways for our present purposes. On one hand, one could read it as a policy statement of the Legislature.

As so considered, it would be logical for the General Assembly to disprove similarly of a court ordering restitution to be paid by one participant of a crime to a co-participant. The Legislature may have viewed excluding a co-participant from being a “victim” as so obvious that it was axiomatic and need not be spelled-out across-the-board. By the same token, the omission in CP § 11 — 810(d)(3) of such a distinction may suggest also that the Legislature was aware that the definition of “victim” in CP § ll-601(j) (and elsewhere in Title 11 of the Criminal Procedure Article) should be construed to include participants in the crimes or delinquent acts that caused their ³⁷³ injury. 12 It is not difficult to imagine that the Legislature might have decided to be more parsimonious regarding distribution of State funds than those of convicted criminals or minors found to be delinquent. The fog of doubt continues to shroud our inquiry.

We look next to the origins of the statute in our quest to discover the intent of the Legislature. C. Legislative History of CP § 11-601 (j) The definition of “victim” in CP § 11 — 001(j) has its genesis in Senate Bill 417 of 1989. According to the Bill: “ ‘Victim’: (i) [mjeans a person who suffers personal injury, death, or property loss as a direct result of crime; and (ii) includes, in the event of a death of a victim, the victim’s estate.” 1989 Maryland Laws ch. 487. The Bill was codified as Maryland Code (1957, 1987 Repl.Vol.), Article 27, § 640(a)(9).

Subsequent revisions of the language were not intended to change substantively the original definition. 13 Nothing in the bill file of Senate Bill 417 illuminates for our inquiry the General Assembly’s intent regarding the definition of “victim” now codified in CP § 11 — 601(j). According to the Floor Report of the Senate Judicial Proceedings Committee, Senate Bill 417 would, in the Committee’s opinion: (1) Authorize courts to order restitution in any case in which the Criminal Injuries Compensation Board pays benefits to the victim of a crime. ³⁷⁴ (2) Require a court to order restitution if: (a) the defendant is convicted, the court accepts a plea of nolo contendere, or the defendant receives probation before judgment; (b) restitution is requested by the victim or the State acting on behalf of the victim; and (c) the victim faced one of the expenses for which restitution or the Criminal Compensation Board paid benefits to the victim. (3) Require a court to hold a hearing to determine if a defendant who fails to make restitution is in contempt of court or has violated probation or parole, including determining if the defendant became intentionally impoverished to avoid paying restitution. (4) Require the recording of restitution as a civil judgment which creates a lien on the real property of the defendant in the county of the recording.

(5) Require that the Parole Board and Patuxent Institution make payment of restitution a condition of parole or work release if restitution was ordered as part of a sentence or probation. (6) Exempt ordered restitution from being discharged by pardon, commutation of sentence, or parole, unless a pardon explicitly states that the defendant was convicted in error. Senate Judicial Proceedings Committee, Floor Report at 1-2 (1989). The summary did not mention making restitution more readily available, even though “victim” was not a defined term previously.

None of the other documents in the bill file indicate that the General Assembly intended to broaden the class of injured persons who could be considered a “victim” and thereby become eligible for restitution. The retained documents do not make it obvious that the Legislature intended to make restitution available in cases in which compensation from the Criminal Compensation Board would be unavailable. By the same token, there is no indication that the General Assembly intended the statutes to be congruent. ³⁷⁵ D. Policy Considerations When “confronted with ambiguity regarding legislative intent, it is our duty to announce a rule that we are convinced is best supported by sound jurisprudential policy germane to the pursuit of legislative intent.” Haas v. Lockheed Martin Corp., 396 Md. 469, 493 , 914 A.2d 735, 749 (2007). “In construing a statute, ‘we seek to avoid constructions that are illogical, unreasonable, or inconsistent with common sense.’ ” Maryland-Nat'l Capital Park & Planning Comm’n v. Anderson, 395 Md. 172, 182 , 909 A.2d 694, 700 (2006) (quoting Frost v. State, 336 Md. 125, 137 , 647 A.2d 106, 112 (1994)); accord Stickley v. State Farm Fire & Cas. Co., 431 Md. 347, 359 , 65 A.3d 141, 148 (2013).

Consideration of the practical outcomes of the competing understanding of “victim” in CP § ll-601(j) supports, in our view, Petitioner’s position that the Legislature did not intend restitution to be available for a voluntary co-participant in the criminal conduct that led to that person’s injury. The interpretation of CP § ll-601(j) proposed by the State would confer on voluntary co-participants in criminal and