CRIM PRO-JURY TRIAL WAIVER

Illinois General Assembly - Full Text of HB5251

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5251

Introduced 2/10/2026, by Rep. Jed Davis

SYNOPSIS AS INTRODUCED:

725 ILCS 5/103-6

from Ch. 38, par. 103-6
725 ILCS 5/103-6.1 new
725 ILCS 5/103-6.2 new

Amends the Code of Criminal Procedure of 1963. Provides that a person
accused of an offense does not have the right to a trial by jury if the
offense is a petty offense with no penalty of imprisonment or mandatory
driver's license suspension under the Illinois Vehicle Code or a local
traffic ordinance if a court appearance is not required and the defendant
waives his or her right to a jury trial by mail or electronic submission of
a waiver request through an online system approved by either the Illinois
Supreme Court or the local circuit court clerk. Provides that every person
accused of an offense pursuant to the provision and entering a plea of not
guilty may waive the right to a trial by jury and request a bench trial by
submitting a jury waiver request in writing or such other form prescribed
by the Illinois Supreme Court or a local circuit court by mail to the clerk
of the circuit court in the county where the charge is pending or by
electronic submission, through an online system approved by the Illinois
Supreme Court or the local circuit court clerk. Provides that the jury
trial waiver request under the provision shall include the name, mailing
address, driver's license number, citation or complaint number, date of
birth, and signature of the defendant. Provides that upon the receipt of a
valid waiver request, the clerk of the court before which such request was
made shall schedule the matter for a bench trial, enter the waiver into the
court record, and the court may proceed with a bench trial without
requiring the defendant to personally appear to execute the waiver.
Provides that the waiver shall be deemed sufficient to satisfy the waiver
requirements of the Code. Provides that the trial court may require the
defendant to appear in court if necessary to confirm the validity of the
waiver or for a show of good cause. Provides that nothing in the provision
shall preclude the Illinois Supreme Court from adopting rules forms and
procedures for the implementation of the provision. Makes other changes.
Effective January 1, 2027.
LRB104 18038 RLC 31477 b

A BILL FOR

HB5251
LRB104 18038 RLC 31477 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 Code of Criminal Procedure of 1963 is
5
amended by changing Section 103-6 and by adding Sections
6
103-6.1 and 103-6.2 as follows:

7

(725 ILCS 5/103-6)

(from Ch. 38, par. 103-6)
8

Sec. 103-6.
Waiver of jury trial.
Every person accused of
9
an offense shall have the right to a trial by jury unless (i)
10
understandingly waived by defendant in open court
;

or
(ii) the
11
offense is an ordinance violation punishable by fine only and
12
the defendant either fails to file a demand for a trial by jury
13
at the time of entering his or her plea of not guilty or fails
14
to pay to the clerk of the circuit court at the time of
15
entering his or her plea of not guilty any jury fee required to
16
be paid to the clerk
; or (iii) the offense is a petty offense
17
with no penalty of imprisonment or mandatory driver's license
18
suspension under the Illinois Vehicle Code or a local traffic
19
ordinance if a court appearance is not required and the
20
defendant waives his or her right to a jury trial by mail or
21
electronic submission of a waiver request through an online
22
system approved by either the Illinois Supreme Court or the
23
local circuit court clerk
.

HB5251
- 2 -
LRB104 18038 RLC 31477 b
1
(Source: P.A. 86-1386.)

2

(725 ILCS 5/103-6.1 new)
3

Sec. 103-6.1.
Waiver of right to trial by jury.

4

(a) Every person accused of an offense pursuant to clause
5
(iii) of Section 103-6 and entering a plea of not guilty may
6
waive the right to a trial by jury and request a bench trial by
7
submitting a jury waiver request in writing or such other form
8
prescribed by the Illinois Supreme Court or a local circuit
9
court by mail to the clerk of the circuit court in the county
10
where the charge is pending or by electronic submission,
11
through an online system approved by the Illinois Supreme
12
Court or the local circuit court clerk. The jury trial waiver
13
request under this Section shall include the name, mailing
14
address, driver's license number, citation or complaint
15
number, date of birth, and signature of the defendant.
16

(b) Upon the receipt of a valid waiver request under this
17
Section, the clerk of the court before which such request was
18
made shall schedule the matter for a bench trial, enter the
19
waiver into the court record, and the court may proceed with a
20
bench trial without requiring the defendant to personally
21
appear to execute the waiver. The waiver under this Section
22
shall be deemed sufficient to satisfy the requirements of
23
Section 103-6.

24

(c) Notwithstanding the provisions of subsection (b), the
25
trial court may require the defendant to appear in court if

HB5251
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LRB104 18038 RLC 31477 b
1
necessary to confirm the validity of the waiver or for a show
2
of good cause.

3

(d) Nothing in this Section shall preclude the Illinois
4
Supreme Court from adopting rules, forms, and procedures for
5
the implementation of this Section.

6

(e) The request for waiver of a jury trial under clause
7
(iii) of Section 103-6 and this Section shall be in the form
8
prescribed as follows: "I (name), am pleading not guilty to
9
the offense charge. I knowingly and voluntarily waive my right
10
to a trial by jury and request that my case be set for a bench
11
trial before a judge. I understand that I am giving up my
12
constitutional right to a jury trial".

13

(725 ILCS 5/103-6.2 new)
14

Sec. 103-6.2.
Case disposition in case management system.

15

(a) The clerk of a circuit court may enter a case
16
disposition in the case management system, mark a case
17
satisfied, or cancel the next court appearance of a case upon
18
the receipt of the full payment of all court-ordered fines,
19
fees, and costs for a traffic infraction, violation of an
20
ordinance or misdemeanor offenses without the requirement of a
21
court order, if:
22

(1) the defendant has appeared in court and entered a
23

plea of guilty;
24

(2) the court has assessed a fine or statutory penalty
25

and granted time to pay; and

HB5251
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LRB104 18038 RLC 31477 b
1

(3) the court's written order includes the language
2

"Defendant Need Not Appear if Paid in Full" or such other
3

similar language. Nothing in this Section shall limit the
4

authority of the circuit court to require the appearance
5

of the defendant at any stage of the proceeding or to
6

withhold the authority of the clerk under the
7

circumstances the court deems necessary.
8

(b) This Section does not apply to cases involving:
9

(1) unpaid balances;
10

(2) restitution, community service, or court-ordered
11

programs not yet satisfied;
12

(3) conditions expressly reserving jurisdiction to the
13

court; and
14

(4) charges involving mandatory court appearances
15

under Illinois law.
16

(c) Nothing in this Section shall preclude the Illinois
17
Supreme Court from adopting rules, forms, and procedures for
18
the implementation of this Section.

19

Section 99.
Effective date.
This Act takes effect January
20
1, 2027.

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