summary
Introduced
02/06/2026
02/06/2026
In Committee
02/13/2026
02/13/2026
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
Amends the Unified Code of Corrections. Provides that the amendatory Act may be referred to as the Criminal Justice Procedural Clarification Act. Eliminates the consent of the State's Attorney as a requirement for a defendant to participate in the First Time Weapon Offense Program. Changes the eligibility requirements for the Program. Provides that the court may sentence a defendant to probation to participate in the Program, regardless of whether the State's Attorney affirmatively offers or consents to participation in the Program. Provides that the State's Attorney may object to sentencing to probation to participate in the Program only by stating on the record specific and articulable public safety reasons why probation under the provision would be inappropriate for the individual defendant. Provides that, upon objection by the State's Attorney, the court may sentence the defendant under these provisions if the court makes written findings that the defendant meets the statutory eligibility requirements and that probation under these provisions is consistent with specified public safety and the rehabilitative purposes of the Code. Provides that a defendant shall not be deemed ineligible for probation under these provisions solely because the defendant was legally ineligible to apply for a Firearm Owner's Identification Card, at the time of the offense, if no other statutory disqualifications apply. Provides that in cases involving a firearm-related offense, the court shall consider diversion to treatment, including eligibility for the First Time Weapon Offense Program prior to imposing a sentence of incarceration if certain conditions are met. Provides that a person convicted of a firearm-related offense prior to the effective date of the amendatory Act may petition the sentencing court for review if the person meets certain eligibility requirements. Effective immediately.
AI Summary
This bill, also known as the Criminal Justice Procedural Clarification Act, makes significant changes to the First Time Weapon Offense Program, a diversion program designed for non-violent offenders charged with certain weapons offenses. Key provisions include eliminating the requirement for a State's Attorney's consent for a defendant to participate in the program, allowing courts to sentence eligible defendants to probation for program participation regardless of the prosecutor's agreement, and establishing specific grounds for a State's Attorney to object to such sentencing based on public safety concerns. The bill also clarifies that a defendant is not automatically ineligible for the program if they were legally unable to obtain a Firearm Owner's Identification Card at the time of the offense, as long as no other disqualifications apply. Furthermore, for firearm-related offenses, courts are now required to consider diversion to treatment, including this program, before imposing a jail sentence if certain conditions are met, such as the offense occurring during a documented mental health crisis without violence or harm to others. Finally, individuals convicted of firearm-related offenses before this bill's effective date can petition the court for a review of their case if they meet specific eligibility criteria and were denied program access due to prosecutorial policy rather than statutory ineligibility.
Sponsors (1)
Last Action
Referred to Rules Committee (on 02/13/2026)
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