Bill Status of SB2364  102nd General Assembly


Short Description:  CRIM PRO-MISDEMEANANT PROGRAM

Senate Sponsors
Sen. Don Harmon

House Sponsors
(Rep. Justin Slaughter)

Last Action
DateChamber Action
  4/9/2022HouseThird Reading - Short Debate - Passed 064-045-000

Statutes Amended In Order of Appearance
725 ILCS 5/Art. 104A heading new
725 ILCS 5/104A-1 new
725 ILCS 5/104A-2 new
725 ILCS 5/104A-3 new
725 ILCS 5/104A-4 new


Synopsis As Introduced
Amends the Code of Criminal Procedure of 1963. Provides that a defendant charged with one or more misdemeanors and for whom a court has determined under the Code 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 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 her or his safety and that of the public and her or his continued participation in treatment. Provides that if, following this screening, the court determines that the defendant is appropriate for diversion, the criminal charges may be dismissed with or without prejudice. 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. Makes other changes.

House Floor Amendment No. 1
Deletes reference to:
725 ILCS 5/Art. 104A heading new
725 ILCS 5/104A-1 new
725 ILCS 5/104A-2 new
725 ILCS 5/104A-3 new
725 ILCS 5/104A-4 new
Adds reference to:
20 ILCS 3930/7.7
725 ILCS 5/109-1from Ch. 38, par. 109-1
725 ILCS 185/7from Ch. 38, par. 307
730 ILCS 5/5-8-1from Ch. 38, par. 1005-8-1
730 ILCS 5/5-8A-4from Ch. 38, par. 1005-8A-4
730 ILCS 5/5-8-9 new

Replaces everything after the enacting clause. Amends the Illinois Criminal Justice Information Act. Provides that the Pretrial Practices Data Oversight Board shall start collection of quarterly, county-level data on specified topics on July 1, 2023. Amends the Code of Criminal Procedure of 1963. Provides that a law enforcement officer shall issue a citation in lieu of custodial arrest, upon proper identification, for a person accused of traffic offense, a Class B misdemeanor, a Class C misdemeanor, a petty offense, or a business offense, unless the law enforcement officer, in the law enforcement officer's discretion, reasonably determines the accused: (1) poses a specific, real, and present threat to the safety of the community or any person or persons; or (2) has a medical or mental health issue that poses a risk to the safety of the accused. Amends the Pretrial Services Act. Removes language requiring that pretrial services agencies to submit findings and recommendations to assess the need or financial security to assure the defendant's appearance at later proceedings. Amends the Unified Code of Corrections. Provides that language concerning the imposition of a mandatory supervised release term for a Class 3 or Class 4 felony takes effect on March 1, 2023 (instead of July 1, 2022). Creates the Commission on Pretrial Implementation within the Illinois Sentencing Policy Advisory Council; sets membership of the Commission and provides reporting requirements. In provisions concerning electronic monitoring and home detention, requires that a person ordered to pretrial home confinement must be provided with movement spread out over no fewer than 2 periods (instead of 2 days) per week. Provides that the Sentencing Policy Advisory Council shall provide administrative support to the Commission. Provides that the periods of time shall be determined by the supervising authority and authorizes the supervising authority to monitor the participant's location during any period of authorized movement. Provides that if a person on pretrial home confinement is charged with a forcible felony, the State may file a verified motion to deny the participant movement. Requires the court to hold a hearing and provides that the court shall grant the motion only if the court finds by clear and convincing evidence that, based on the totality of the circumstances, movement should be denied. Effective immediately.

Actions 
DateChamber Action
  2/26/2021SenateFiled with Secretary by Sen. John Connor
  2/26/2021SenateFirst Reading
  2/26/2021SenateReferred to Assignments
  3/23/2021SenateAssigned to Criminal Law
  4/14/2021SenateDo Pass Criminal Law; 009-000-000
  4/14/2021SenatePlaced on Calendar Order of 2nd Reading April 15, 2021
  4/20/2021SenateSecond Reading
  4/20/2021SenatePlaced on Calendar Order of 3rd Reading April 21, 2021
  4/21/2021SenateThird Reading - Passed; 055-000-000
  4/22/2021SenateAdded as Co-Sponsor Sen. Rachelle Crowe
  4/28/2021HouseArrived in House
  4/28/2021HouseChief House Sponsor Rep. Justin Slaughter
  4/28/2021HouseFirst Reading
  4/28/2021HouseReferred to Rules Committee
  4/28/2021HouseAssigned to Judiciary - Criminal Committee
  5/15/2021HouseRule 19(a) / Re-referred to Rules Committee
  5/24/2021HouseAssigned to Judiciary - Criminal Committee
  5/24/2021HouseCommittee Deadline Extended-Rule 9(b) May 28, 2021
  5/24/2021HouseMoved to Suspend Rule 21 Rep. Carol Ammons
  5/24/2021HouseSuspend Rule 21 - Prevailed 073-042-000
  5/29/2021HouseDo Pass / Short Debate Judiciary - Criminal Committee; 012-007-000
  5/29/2021HousePlaced on Calendar 2nd Reading - Short Debate
  5/29/2021HouseSecond Reading - Short Debate
  5/29/2021HouseHeld on Calendar Order of Second Reading - Short Debate
  6/2/2021HouseRule 19(a) / Re-referred to Rules Committee
  4/8/2022SenateChief Sponsor Changed to Sen. Don Harmon
  4/8/2022HouseFinal Action Deadline Extended-9(b) April 8, 2022
  4/8/2022HouseApproved for Consideration Rules Committee; 003-002-000
  4/8/2022HousePlaced on Calendar 2nd Reading - Short Debate
  4/8/2022HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Justin Slaughter
  4/8/2022HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  4/8/2022HouseHouse Floor Amendment No. 1 Rules Refers to Executive Committee
  4/9/2022SenateSponsor Removed Sen. Rachelle Crowe
  4/9/2022HouseHouse Floor Amendment No. 1 Recommends Be Adopted Executive Committee; 009-006-000
  4/9/2022HouseHouse Floor Amendment No. 1 Adopted
  4/9/2022HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/9/2022HouseThird Reading - Short Debate - Passed 064-045-000