HB3572 - 104th General Assembly
UNFIT MISDEMEANANT DIVERSION
House Sponsors
Rep. Maura Hirschauer - Lindsey LaPointe - Justin Slaughter, Michael Crawford, Lisa Davis, Kelly M. Cassidy, Laura Faver Dias, Terra Costa Howard, Yolonda Morris, Charles Meier and Lilian Jiménez
Senate Sponsors
(Sen. Karina Villa, Mary Edly-Allen and Graciela Guzmán)
Statutes Amended In Order of Appearance
725 ILCS 5/104-13from Ch. 38, par. 104-13
725 ILCS 5/104-15from Ch. 38, par. 104-15
725 ILCS 5/104-17from Ch. 38, par. 104-17
725 ILCS 5/Art. Art. 104A heading new
Synopsis As Introduced
Amends the Code of Criminal Procedure of 1963. Adds a Diversion of Unfit Misdemeanants Article to the Code. Provides that a defendant charged with one or more misdemeanors and for whom a court has determined that a bona fide doubt of the defendant's fitness has been raised may be admitted into an unfit misdemeanant diversion program only upon the approval of the court. Provides that the Illinois Supreme Court or any circuit court of the State may adopt rules establishing unfit misdemeanant diversion programs consistent with the Article. Provides that the court shall require an eligibility screening and an assessment of the defendant to determine whether the defendant may be able to receive mental health services under the Mental Health and Developmental Disabilities Code which shall reasonably assure his or her safety and that of the public and his or her continued participation in treatment. Provides that if, following this screening, the State and the defendant agree to the diversion and the court determines that the defendant is appropriate for diversion, the criminal charges may be dismissed with prejudice. Provides that if the court does not approve, the court shall order a fitness examination and the matter shall be governed by any other relevant provisions of the Fitness for Trial, To Plead, or to be Sentenced Article of the Code. Provides that the misdemeanant diversion program may maintain or collaborate with mental health and substance use treatment providers necessary to provide a continuum of treatment options commensurate with the needs of the defendant and available resources. Treatment programs shall comply with all relevant statutes and rules. Requires the Department of Human Services to provide care to persons determined to be subject to involuntary admission on an inpatient basis as defined in the Mental Health and Developmental Disabilities Code or may make arrangements with any other appropriate inpatient mental health facility to provide those services. Makes conforming changes in the Fitness for Trial, To Plead, or to be Sentenced Article of the Code. Provides that the Act may be referred to as the Diversion of Unfit Misdemeanants Act.
House Floor Amendment No. 1
Adds reference to:
725 ILCS 5/104-11from Ch. 38, par. 104-11
Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with changes. Provides that defendants charged with petty offenses or infraction of a municipal ordinance are not eligible for fitness restoration services. Provides that no defendant may be ordered to inpatient restoration unless at least one licensed physician, clinical psychologist, or psychiatrist who has examined the defendant testifies in person at the hearing. The defendant may waive the requirement of the testimony subject to the approval of the court. Creates the Fitness to Stand Trial Task Force. Provides that the Task Force shall conduct a thorough review of the statutory and regulatory rules governing the procedures by which individuals facing criminal charges may be unfit to stand trial. Provides that this review includes, but is not limited to, the determination of fitness, the housing and custodial status of persons undergoing fitness restoration, the rights of individuals found unfit, and the obligations of the Department of Human Services. Provides that the Department of Human Services shall provide administrative and technical support for the Task Force and is responsible for ensuring that the requirements of the Task Force are met. Provides that appointments to the Task Force shall be made within 90 days after the effective date of the amendatory Act. Provides that the Task Force shall submit a report containing its findings and any recommendations to the Supreme Court and the General Assembly on or before November 1, 2026. Some provisions effective immediately.
Senate Committee Amendment No. 2
Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill, except: (1) provides that the Fitness to Stand Trial Task Force shall hold its first meeting no later than October 1, 2025; (2) the Task Force may at any time identify legislative proposals in support of its mission prior to the issuance of its final report; (3) in the provisions that following eligibility screening for mental health services, the State and the defendant agree to the diversion and the court determines that the defendant is appropriate for diversion, the criminal charges may be dismissed (deletes with prejudice); (4) provides that if the parties do not agree or the court does not approve the diversion, the court shall order a fitness examination and the matter shall be governed by any other relevant provisions of the Fitness For Trial, To Plead Or To Be Sentenced Article of the Code of Criminal Procedure of 1963; (5) deletes provision that appointments to the Task Force shall be made within 90 days after the effective date of the amendatory Act; and (6) the Task Force shall be dissolved following the submission of its report to the Supreme Court and the General Assembly.
Actions
| Date | Chamber | Action |
|---|---|---|
| 2/07/2025 | House | Filed with the Clerk by Rep. Lindsey LaPointe |
| 2/18/2025 | House | First Reading |
| 2/18/2025 | House | Referred to Rules Committee |
| 3/11/2025 | House | Assigned to Judiciary - Criminal Committee |
| 3/13/2025 | House | Added Co-Sponsor Rep. Michael Crawford |
| 3/18/2025 | House | Added Co-Sponsor Rep. Lisa Davis |
| 3/20/2025 | House | Added Co-Sponsor Rep. Kelly M. Cassidy |
| 3/20/2025 | House | Added Co-Sponsor Rep. Laura Faver Dias |
| 3/20/2025 | House | Added Co-Sponsor Rep. Terra Costa Howard |
| 3/20/2025 | House | Do Pass / Short Debate Judiciary - Criminal Committee; 010-005-000 |
| 3/21/2025 | House | Placed on Calendar 2nd Reading - Short Debate |
| 3/26/2025 | House | Second Reading - Short Debate |
| 3/26/2025 | House | Held on Calendar Order of Second Reading - Short Debate |
| 4/08/2025 | House | House Floor Amendment No. 1 Filed with Clerk by Rep. Lindsey LaPointe |
| 4/08/2025 | House | House Floor Amendment No. 1 Referred to Rules Committee |
| 4/08/2025 | House | Chief Sponsor Changed to Rep. Maura Hirschauer |
| 4/08/2025 | House | House Floor Amendment No. 1 Rules Refers to Judiciary - Criminal Committee |
| 4/09/2025 | House | House Floor Amendment No. 1 Recommends Be Adopted Judiciary - Criminal Committee; 015-000-000 |
| 4/10/2025 | House | Added Chief Co-Sponsor Rep. Lindsey LaPointe |
| 4/10/2025 | House | Added Chief Co-Sponsor Rep. Justin Slaughter |
| 4/10/2025 | House | House Floor Amendment No. 1 Adopted |
| 4/10/2025 | House | Placed on Calendar Order of 3rd Reading - Short Debate |
| 4/10/2025 | House | Third Reading - Short Debate - Passed 111-000-000 |
| 4/10/2025 | House | Added Co-Sponsor Rep. Yolonda Morris |
| 4/10/2025 | House | Added Co-Sponsor Rep. Charles Meier |
| 4/10/2025 | House | Added Co-Sponsor Rep. Lilian Jiménez |
| 4/14/2025 | Senate | Arrive in Senate |
| 4/14/2025 | Senate | Placed on Calendar Order of First Reading |
| 4/14/2025 | Senate | Chief Senate Sponsor Sen. Karina Villa |
| 4/14/2025 | Senate | First Reading |
| 4/14/2025 | Senate | Referred to Assignments |
| 4/29/2025 | Senate | Assigned to Criminal Law |
| 5/01/2025 | Senate | Added as Alternate Co-Sponsor Sen. Mary Edly-Allen |
| 5/02/2025 | Senate | Senate Committee Amendment No. 1 Filed with Secretary by Sen. Karina Villa |
| 5/02/2025 | Senate | Senate Committee Amendment No. 1 Referred to Assignments |
| 5/02/2025 | Senate | Senate Committee Amendment No. 2 Filed with Secretary by Sen. Karina Villa |
| 5/02/2025 | Senate | Senate Committee Amendment No. 2 Referred to Assignments |
| 5/06/2025 | Senate | Senate Committee Amendment No. 2 Assignments Refers to Criminal Law |
| 5/06/2025 | Senate | Senate Committee Amendment No. 1 Pursuant to Senate Rule 3-8(b-1), the following amendments will remain in the Committee on Assignments |
| 5/06/2025 | Senate | Senate Committee Amendment No. 2 Adopted |
| 5/07/2025 | Senate | Do Pass as Amended Criminal Law; 009-000-000 |
| 5/07/2025 | Senate | Placed on Calendar Order of 2nd Reading May 8, 2025 |
| 5/08/2025 | Senate | Second Reading |
| 5/08/2025 | Senate | Placed on Calendar Order of 3rd Reading May 13, 2025 |
| 5/22/2025 | Senate | Third Reading - Passed; 058-000-000 |
| 5/22/2025 | Senate | Senate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a) |
| 5/22/2025 | House | Arrived in House |
| 5/23/2025 | House | Placed on Calendar Order of Concurrence Senate Amendment(s) 2 |
| 5/23/2025 | House | Senate Committee Amendment No. 2 Motion Filed Concur Rep. Maura Hirschauer |
| 5/23/2025 | House | Senate Committee Amendment No. 2 Motion to Concur Referred to Rules Committee |
| 5/27/2025 | Senate | Added as Alternate Co-Sponsor Sen. Graciela Guzmán |
| 5/28/2025 | House | Senate Committee Amendment No. 2 Motion to Concur Rules Referred to Judiciary - Criminal Committee |
| 5/29/2025 | House | Senate Committee Amendment No. 2 Motion to Concur Recommends Be Adopted Judiciary - Criminal Committee; 015-000-000 |
| 5/30/2025 | House | Senate Committee Amendment No. 2 House Concurs 103-013-000 |
| 5/30/2025 | House | House Concurs |
| 5/30/2025 | House | Passed Both Houses |
| 6/24/2025 | House | Sent to the Governor |
| 8/15/2025 | House | Governor Approved |
| 8/15/2025 | House | Effective Date August 15, 2025; some provisions |
| 8/15/2025 | House | Effective Date January 1, 2026; some provisions |
| 8/15/2025 | House | Public Act . . . . . . . . . 104-0318 |