Bill > HB4002

This bill amends the Code of Criminal Procedure of 1963 to expand law enforcement's ability to issue citations instead of making custodial arrests. Specifically, the bill now requires officers to issue a citation for offenses that are not felonies or Class A and B misdemeanors (previously only excluded Class A misdemeanors), unless certain exceptions apply. These exceptions include situations where the officer reasonably believes the accused poses a threat to the community or an individual, when criminal activity continues after citation, or when the accused has a medical or mental health issue that could risk their own safety. The bill maintains that law enforcement retains discretion in making arrest decisions and does not mandate citation for Class A or B misdemeanors or felony offenses. This change aims to reduce unnecessary custodial arrests for minor offenses, potentially decreasing jail overcrowding and minimizing the immediate negative impacts of arrest on individuals accused of less serious crimes. The provision is part of a broader effort to reform criminal procedure and provide more flexible law enforcement responses to minor infractions.

https://www.ilga.gov/legislation/BillStatus.asp?DocNum=4002&GAID=18&DocTypeID=HB&SessionID=114&GA=104