2ND CHANCE PROBATION&WEAPONS

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4422

Introduced 1/14/2026, by Rep. Kevin John Olickal

SYNOPSIS AS INTRODUCED:

730 ILCS 5/5-6-3.4
730 ILCS 5/5-6-3.6

Amends the Unified Code of Corrections. Provides that the conditions
of Second Chance Probation that the defendant: (1) make full restitution
to the victim or property owner; (2) obtain or attempt to obtain
employment; (3) pay fines and costs; (4) attend educational courses
designed to prepare the defendant for obtaining a high school diploma or to
work toward passing high school equivalency testing or to work toward
completing a vocational training program; and (5) perform community
service are discretionary conditions of the probation (rather than
mandatory conditions). Eliminates the provision that the defendant submit
to periodic drug testing at a time and in a manner as ordered by the court,
but no less than 3 times during the period of probation, with the cost of
the testing to be paid by the defendant. Provides that the determination of
the length of the First Time Weapon Offense Program, as determined by the
court, shall be at the recommendation of the Program administrator and
with the input from the State's Attorney and defense counsel (rather than
determined by the court at the recommendation of the Program administrator
and State's Attorney). Deletes provisions that the State's Attorney must
consent to the defendant's sentencing to Second Chance Probation or to the
First Time Weapon Offense Program.
LRB104 17131 RLC 30957 b

A BILL FOR

HB4422
LRB104 17131 RLC 30957 b
1

AN ACT concerning criminal law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Unified Code of Corrections is amended by
5
changing Sections 5-6-3.4 and 5-6-3.6 as follows:

6

(730 ILCS 5/5-6-3.4)
7

Sec. 5-6-3.4.
Second Chance Probation.

8

(a) Whenever any person who has not previously been
9
convicted of any felony offense under the laws of this State,
10
the laws of any other state, or the laws of the United States,
11
and pleads guilty to, or is found guilty of, possession of less
12
than 15 grams of a controlled substance; possession of less
13
than 15 grams of methamphetamine; or a probationable felony
14
offense of possession of cannabis, theft, retail theft,
15
forgery, deceptive practices, possession of a stolen motor
16
vehicle, burglary, possession of burglary tools, disorderly
17
conduct, criminal damage or trespass to property under Article
18
21 of the Criminal Code of 2012, criminal trespass to a
19
residence, an offense involving fraudulent identification, or
20
obstructing justice; or possession of cannabis, the court,
21
with the consent of the defendant
and the State's Attorney
,
22
may, without entering a judgment, sentence the defendant to
23
probation under this Section. A sentence under this Section

HB4422
- 2 -
LRB104 17131 RLC 30957 b
1
shall not be considered a conviction under Illinois law unless
2
and until judgment is entered under subsection (e) of this
3
Section.
4

(a-1) Exemptions. A defendant is not eligible for this
5
probation if the offense he or she pleads guilty to, or is
6
found guilty of, is a violent offense, or he or she has
7
previously been convicted of a violent offense. For purposes
8
of this probation, a "violent offense" is any offense where
9
bodily harm was inflicted or where force was used against any
10
person or threatened against any person, any offense involving
11
sexual conduct, sexual penetration, or sexual exploitation,
12
any offense of domestic violence, domestic battery, violation
13
of an order of protection, stalking, hate crime, and any
14
offense involving the possession of a firearm or dangerous
15
weapon. A defendant shall not be eligible for this probation
16
if he or she has previously been adjudicated a delinquent
17
minor for the commission of a violent offense as defined in
18
this subsection.
19

(b) When a defendant is placed on probation, the court
20
shall enter an order specifying a period of probation of
up to

21
not less than
24 months and shall defer further proceedings in
22
the case until the conclusion of the period or until the filing
23
of a petition alleging violation of a term or condition of
24
probation.
25

(c) The conditions of probation shall be that the
26
defendant:

HB4422
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LRB104 17131 RLC 30957 b
1

(1) not violate any criminal statute of this State or
2

any other jurisdiction;
and

3

(2) refrain from possessing a firearm or other
4

dangerous weapon
.

;
5

(3)
Blank.

make full restitution to the victim or
6

property owner under Section 5-5-6 of this Code;
7

(4)
Blank.

obtain or attempt to obtain employment;
8

(5)
Blank.

pay fines and costs;
9

(6)
Blank.

attend educational courses designed to
10

prepare the defendant for obtaining a high school diploma
11

or to work toward passing high school equivalency testing
12

or to work toward completing a vocational training
13

program;
14

(7)
Blank.

submit to periodic drug testing at a time
15

and in a manner as ordered by the court, but no less than 3
16

times during the period of probation, with the cost of the
17

testing to be paid by the defendant; and
18

(8)
Blank.

perform a minimum of 30 hours of community
19

service. The court may give credit toward the fulfillment
20

of community service hours for participation in activities
21

and treatment as determined by court services.

22

(d) The court may, in addition to other conditions,
23
require that the defendant:
24

(1) make a report to and appear in person before or
25

participate with the court or such courts, person, or
26

social service agency as directed by the court in the

HB4422
- 4 -
LRB104 17131 RLC 30957 b
1

order of probation;
2

(2) undergo medical or psychiatric treatment, or
3

treatment or rehabilitation approved by the Illinois
4

Department of Human Services;
5

(3) attend or reside in a facility established for the
6

instruction or residence of defendants on probation;
7

(4) support his or her dependents;
or
8

(5) refrain from having in his or her body the
9

presence of any illicit drug prohibited by the
10

Methamphetamine Control and Community Protection Act, the
11

Cannabis Control Act, or the Illinois Controlled
12

Substances Act, unless prescribed by a physician, and
13

submit samples of his or her blood or urine or both for
14

tests to determine the presence of any illicit drug
;

15

(6) make full restitution to the victim or property
16

owner under Section 5-5-6 of this Code;
17

(7) obtain or attempt to obtain employment;
18

(8) pay fines and costs;
19

(9) attend educational courses designed to prepare the
20

defendant for obtaining a high school diploma or to work
21

toward passing high school equivalency testing or to work
22

toward completing a vocational training program; or
23

(10) perform community service. The court may give
24

credit toward the fulfillment of community service hours
25

for participation in activities and treatment as
26

determined by court services
.

HB4422
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LRB104 17131 RLC 30957 b
1

(e) Upon violation of a term or condition of probation,
2
the court may enter a judgment on its original finding of guilt
3
and proceed as otherwise provided by law.
4

(f) Upon fulfillment of the terms and conditions of
5
probation, the court shall discharge the person and dismiss
6
the proceedings against the person.
7

(g) A disposition of probation is considered to be a
8
conviction for the purposes of imposing the conditions of
9
probation and for appeal; however, a sentence under this
10
Section is not a conviction for purposes of this Code or for
11
purposes of disqualifications or disabilities imposed by law
12
upon conviction of a crime unless and until judgment is
13
entered.
14

(h) A person may only have one discharge and dismissal
15
under this Section within a 4-year period.
16

(i) If a person is convicted of any offense which occurred
17
within 5 years subsequent to a discharge and dismissal under
18
this Section, the discharge and dismissal under this Section
19
shall be admissible in the sentencing proceeding for that
20
conviction as evidence in aggravation.
21

(j) Notwithstanding subsection (a), if the court finds
22
that the defendant suffers from a substance abuse problem,
23
then before the person is placed on probation under this
24
Section, the court may refer the person to the drug court
25
established in that judicial circuit pursuant to Section 15 of
26
the Drug Court Treatment Act. The drug court team shall

HB4422
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LRB104 17131 RLC 30957 b
1
evaluate the person's likelihood of successfully fulfilling
2
the terms and conditions of probation under this Section and
3
shall report the results of its evaluation to the court. If the
4
drug court team finds that the person suffers from a substance
5
abuse problem that makes him or her substantially unlikely to
6
successfully fulfill the terms and conditions of probation
7
under this Section, then the drug court shall set forth its
8
findings in the form of a written order, and the person shall
9
be ineligible to be placed on probation under this Section,
10
but shall be considered for the drug court program.
11
(Source: P.A. 103-702, eff. 1-1-25
.)

12

(730 ILCS 5/5-6-3.6)
13

Sec. 5-6-3.6.
First Time Weapon Offense Program.
14

(a) The General Assembly has sought to promote public
15
safety, reduce recidivism, and conserve valuable resources of
16
the criminal justice system through the creation of diversion
17
programs for non-violent offenders. Public Act 103-370
18
establishes a program for first-time, non-violent offenders
19
charged with certain weapons possession offenses. The General
20
Assembly recognizes some persons, particularly in areas of
21
high crime or poverty, may have experienced trauma that
22
contributes to poor decision making skills, and the creation
23
of a diversionary program poses a greater benefit to the
24
community and the person than incarceration. Under this
25
program, a court, with the consent of the defendant
and the

HB4422
- 7 -
LRB104 17131 RLC 30957 b
1
State's Attorney
, may sentence a defendant charged with an
2
unlawful possession of weapons offense under Section 24-1 of
3
the Criminal Code of 2012 or aggravated unlawful possession of
4
a weapon offense under Section 24-1.6 of the Criminal Code of
5
2012, if punishable as a Class 4 felony or lower, to a First
6
Time Weapon Offense Program.
7

(b) A defendant is not eligible for this Program if:
8

(1) the offense was committed during the commission of
9

a violent offense as defined in subsection (h) of this
10

Section;
11

(2) he or she has previously been convicted or placed
12

on probation or conditional discharge for any violent
13

offense under the laws of this State, the laws of any other
14

state, or the laws of the United States;
15

(3) he or she had a prior successful completion of the
16

First Time Weapon Offense Program under this Section;
17

(4) he or she has previously been adjudicated a
18

delinquent minor for the commission of a violent offense;
19

(5) (blank); or
20

(6) he or she has an existing order of protection
21

issued against him or her.
22

(b-5) In considering whether a defendant shall be
23
sentenced to the First Time Weapon Offense Program, the court
24
shall consider the following:
25

(1) the age, immaturity, or limited mental capacity of
26

the defendant;

HB4422
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LRB104 17131 RLC 30957 b
1

(2) the nature and circumstances of the offense;
2

(3) whether participation in the Program is in the
3

interest of the defendant's rehabilitation, including any
4

employment or involvement in community, educational,
5

training, or vocational programs;
6

(4) whether the defendant suffers from trauma, as
7

supported by documentation or evaluation by a licensed
8

professional; and
9

(5) the potential risk to public safety.
10

(c) For an offense committed on or after January 1, 2018
11
(the effective date of Public Act 100-3) whenever an eligible
12
person pleads guilty to an unlawful possession of weapons
13
offense under Section 24-1 of the Criminal Code of 2012 or
14
aggravated unlawful possession of a weapon offense under
15
Section 24-1.6 of the Criminal Code of 2012, which is
16
punishable as a Class 4 felony or lower, the court, with the
17
consent of the defendant
and the State's Attorney
, may,
18
without entering a judgment, sentence the defendant to
19
complete the First Time Weapon Offense Program. When a
20
defendant is placed in the Program, the court shall defer
21
further proceedings in the case until the conclusion of the
22
period or until the filing of a petition alleging violation of
23
a term or condition of the Program. A disposition of probation
24
is considered to be a conviction for the purposes of imposing
25
the conditions of probation and for appeal; however, a
26
sentence under this Section is not a conviction for purposes

HB4422
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LRB104 17131 RLC 30957 b
1
of this Act or for purposes of disqualifications or
2
disabilities imposed by law upon conviction of a crime unless
3
and until judgment is entered. Upon violation of a term or
4
condition of the Program, the court may enter a judgment on its
5
original finding of guilt and proceed as otherwise provided by
6
law. Upon fulfillment of the terms and conditions of the
7
Program, the court shall discharge the person and dismiss the
8
proceedings against the person.
9

(d) The Program shall be at least 6 months and not to
10
exceed 24 months, as determined by the court at the
11
recommendation of the Program administrator and
with input
12
from
the State's Attorney
and defense counsel
. The Program
13
administrator may be appointed by the Chief Judge of each
14
Judicial Circuit.
15

(e) The conditions of the Program shall be that the
16
defendant:
17

(1) not violate any criminal statute of this State or
18

any other jurisdiction;
19

(2) refrain from possessing a firearm or other
20

dangerous weapon;
21

(3) (blank);
22

(4) (blank);
23

(5) (blank);
24

(6) (blank);
25

(7) attend and participate in any Program activities
26

deemed required by the Program administrator, such as:

HB4422
- 10 -
LRB104 17131 RLC 30957 b
1

counseling sessions, in-person and over the phone
2

check-ins, and educational classes; and
3

(8) (blank).
4

(f) The Program may, in addition to other conditions,
5
require that the defendant:
6

(1) obtain or attempt to obtain employment;
7

(2) attend educational courses designed to prepare the
8

defendant for obtaining a high school diploma or to work
9

toward passing high school equivalency testing or to work
10

toward completing a vocational training program;
11

(3) refrain from having in his or her body the
12

presence of any illicit drug prohibited by the
13

Methamphetamine Control and Community Protection Act or
14

the Illinois Controlled Substances Act, unless prescribed
15

by a physician, and submit samples of his or her blood or
16

urine or both for tests to determine the presence of any
17

illicit drug;
18

(4) perform community service;
19

(5) pay all fines, assessments, fees, and costs; and
20

(6) comply with such other reasonable conditions as
21

the court may impose.
22

(f-1) Upon the successful completion of the Program, a
23
defendant may submit an application for a Firearm Owner's
24
Identification Card upon receiving a court order demonstrating
25
completion of the Program. The Illinois State Police shall
26
issue a Firearm Owner's Identification Card to such person

HB4422
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LRB104 17131 RLC 30957 b
1
upon receiving a court order demonstrating completion of the
2
Program if the person is otherwise eligible to receive a
3
Firearm Owner's Identification Card. Nothing in this Section
4
shall prohibit the Illinois State Police from denying an
5
application for or revoking a Firearm Owner's Identification
6
Card as provided by law.
7

(g) There may be only one discharge and dismissal under
8
this Section. If a person is convicted of any offense which
9
occurred within 5 years subsequent to a discharge and
10
dismissal under this Section, the discharge and dismissal
11
under this Section shall be admissible in the sentencing
12
proceeding for that conviction as evidence in aggravation.
13

(h) For purposes of this Section, "violent offense" means
14
any offense in which bodily harm was inflicted or force was
15
used against any person or threatened against any person; any
16
offense involving the possession of a firearm or dangerous
17
weapon; any offense involving sexual conduct, sexual
18
penetration, or sexual exploitation; violation of an order of
19
protection, stalking, hate crime, domestic battery, or any
20
offense of domestic violence.
21

(i) (Blank).
22
(Source: P.A. 103-370, eff. 7-28-23; 103-702, eff. 1-1-25;
23
103-822, eff. 1-1-25; 104-398, eff. 1-1-26; 104-417, eff.
24
8-15-25
.)

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