CD CORR-FIREARM-RELATED OFFENS

Illinois General Assembly - Full Text of HB5583

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5583

Introduced 2/13/2026, by Rep. Sonya M. Harper

SYNOPSIS AS INTRODUCED:

730 ILCS 5/5-6-3.6
730 ILCS 5/5-6-3.6-1 new
730 ILCS 5/5-6-3.6-2 new

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.
LRB104 17432 RLC 30857 b

A BILL FOR

HB5583
LRB104 17432 RLC 30857 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 1.
This amendatory Act of the 104th General
5
Assembly may be referred to as the Criminal Justice Procedural
6
Clarification Act.

7

Section 5.
The Unified Code of Corrections is amended by
8
changing Section 5-6-3.6 and by adding Sections 5-6-3.6-1 and
9
5-6-3.6-2 as follows:

10

(730 ILCS 5/5-6-3.6)
11

Sec. 5-6-3.6.
First Time Weapon Offense Program.
12

(a) The General Assembly has sought to promote public
13
safety, reduce recidivism, and conserve valuable resources of
14
the criminal justice system through the creation of diversion
15
programs for non-violent offenders. Public Act 103-370
16
establishes a program for first-time, non-violent offenders
17
charged with certain weapons possession offenses. The General
18
Assembly recognizes some persons, particularly in areas of
19
high crime or poverty, may have experienced trauma that
20
contributes to poor decision making skills, and the creation
21
of a diversionary program poses a greater benefit to the
22
community and the person than incarceration. Under this

HB5583
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LRB104 17432 RLC 30857 b
1
program, a court, with the consent of the defendant
and the
2
State's Attorney
, may sentence a defendant charged with an
3
unlawful possession of weapons offense under Section 24-1 of
4
the Criminal Code of 2012 or aggravated unlawful possession of
5
a weapon offense under Section 24-1.6 of the Criminal Code of
6
2012, if punishable as a Class 4 felony or lower, to a First
7
Time Weapon Offense Program.
8

(a-1) A court may sentence a person charged with a
9
violation of Section 24-1 or 24-1.6 of the Criminal Code of
10
2012 to probation under this Section, regardless of whether
11
the State's Attorney affirmatively offers or consents to
12
participation in the First Time Weapon Offense Program, if the
13
defendant:
14

(1) has no prior felony convictions;
15

(2) has not previously participated in a program of
16

supervision or probation under this Section;
17

(3) did not use, threaten to use, or discharge a
18

firearm in the commission of the offense;
19

(4) did not cause bodily harm to another person; and
20

(5) otherwise meets the eligibility requirements set
21

forth in this Section.

22

(b)
(Blank).

A defendant is not eligible for this Program
23
if:
24

(1) the offense was committed during the commission of
25

a violent offense as defined in subsection (h) of this
26

Section;

HB5583
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LRB104 17432 RLC 30857 b
1

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

on probation or conditional discharge for any violent
3

offense under the laws of this State, the laws of any other
4

state, or the laws of the United States;
5

(3) he or she had a prior successful completion of the
6

First Time Weapon Offense Program under this Section;
7

(4) he or she has previously been adjudicated a
8

delinquent minor for the commission of a violent offense;
9

(5) (blank); or
10

(6) he or she has an existing order of protection
11

issued against him or her.
12

(b-5) In considering whether a defendant shall be
13
sentenced to the First Time Weapon Offense Program, the court
14
shall consider the following:
15

(1) the age, immaturity, or limited mental capacity of
16

the defendant;
17

(2) the nature and circumstances of the offense;
18

(3) whether participation in the Program is in the
19

interest of the defendant's rehabilitation, including any
20

employment or involvement in community, educational,
21

training, or vocational programs;
22

(4) whether the defendant suffers from trauma, as
23

supported by documentation or evaluation by a licensed
24

professional; and
25

(5) the potential risk to public safety.
26

(c) For an offense committed on or after January 1, 2018

HB5583
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LRB104 17432 RLC 30857 b
1
(the effective date of Public Act 100-3) whenever an eligible
2
person pleads guilty to an unlawful possession of weapons
3
offense under Section 24-1 of the Criminal Code of 2012 or
4
aggravated unlawful possession of a weapon offense under
5
Section 24-1.6 of the Criminal Code of 2012, which is
6
punishable as a Class 4 felony or lower, the court, with the
7
consent of the defendant
and the State's Attorney
, may,
8
without entering a judgment, sentence the defendant to
9
complete the First Time Weapon Offense Program. When a
10
defendant is placed in the Program, the court shall defer
11
further proceedings in the case until the conclusion of the
12
period or until the filing of a petition alleging violation of
13
a term or condition of the Program. A disposition of probation
14
is considered to be a conviction for the purposes of imposing
15
the conditions of probation and for appeal; however, a
16
sentence under this Section is not a conviction for purposes
17
of this Act or for purposes of disqualifications or
18
disabilities imposed by law upon conviction of a crime unless
19
and until judgment is entered. Upon violation of a term or
20
condition of the Program, the court may enter a judgment on its
21
original finding of guilt and proceed as otherwise provided by
22
law. Upon fulfillment of the terms and conditions of the
23
Program, the court shall discharge the person and dismiss the
24
proceedings against the person.
25

(c-1) The State's Attorney may object to sentencing under
26
this Section only by stating on the record specific and

HB5583
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LRB104 17432 RLC 30857 b
1
articulable public safety reasons why probation under this
2
Section would be inappropriate for the individual defendant.
3

(c-2) Upon objection by the State's Attorney, the court
4
may sentence the defendant under this Section if the court
5
makes written findings that the defendant meets the statutory
6
eligibility requirements and that probation under this Section
7
is consistent with public safety and the rehabilitative
8
purposes of this Code.
9

(c-3) A defendant shall not be deemed ineligible for
10
probation under this Section solely because the defendant was
11
legally ineligible to apply for a Firearm Owner's
12
Identification Card, at the time of the offense, if no other
13
statutory disqualifications apply.

14

(d) The Program shall be at least 6 months and not to
15
exceed 24 months, as determined by the court at the
16
recommendation of the Program administrator
and the State's
17
Attorney
. The Program administrator may be appointed by the
18
Chief Judge of each Judicial Circuit.
19

(e) The conditions of the Program shall be that the
20
defendant:
21

(1) not violate any criminal statute of this State or
22

any other jurisdiction;
23

(2) refrain from possessing a firearm or other
24

dangerous weapon;
25

(3) (blank);
26

(4) (blank);

HB5583
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LRB104 17432 RLC 30857 b
1

(5) (blank);
2

(6) (blank);
3

(7) attend and participate in any Program activities
4

deemed required by the Program administrator, such as:
5

counseling sessions, in-person and over the phone
6

check-ins, and educational classes; and
7

(8) (blank).
8

(f) The Program may, in addition to other conditions,
9
require that the defendant:
10

(1) obtain or attempt to obtain employment;
11

(2) attend educational courses designed to prepare the
12

defendant for obtaining a high school diploma or to work
13

toward passing high school equivalency testing or to work
14

toward completing a vocational training program;
15

(3) refrain from having in his or her body the
16

presence of any illicit drug prohibited by the
17

Methamphetamine Control and Community Protection Act or
18

the Illinois Controlled Substances Act, unless prescribed
19

by a physician, and submit samples of his or her blood or
20

urine or both for tests to determine the presence of any
21

illicit drug;
22

(4) perform community service;
23

(5) pay all fines, assessments, fees, and costs; and
24

(6) comply with such other reasonable conditions as
25

the court may impose.
26

(f-1) Upon the successful completion of the Program, a

HB5583
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LRB104 17432 RLC 30857 b
1
defendant may submit an application for a Firearm Owner's
2
Identification Card upon receiving a court order demonstrating
3
completion of the Program. The Illinois State Police shall
4
issue a Firearm Owner's Identification Card to such person
5
upon receiving a court order demonstrating completion of the
6
Program if the person is otherwise eligible to receive a
7
Firearm Owner's Identification Card. Nothing in this Section
8
shall prohibit the Illinois State Police from denying an
9
application for or revoking a Firearm Owner's Identification
10
Card as provided by law.
11

(g) There may be only one discharge and dismissal under
12
this Section. If a person is convicted of any offense which
13
occurred within 5 years subsequent to a discharge and
14
dismissal under this Section, the discharge and dismissal
15
under this Section shall be admissible in the sentencing
16
proceeding for that conviction as evidence in aggravation.
17

(h) For purposes of this Section, "violent offense" means
18
any offense in which bodily harm was inflicted or force was
19
used against any person or threatened against any person; any
20
offense involving the possession of a firearm or dangerous
21
weapon; any offense involving sexual conduct, sexual
22
penetration, or sexual exploitation; violation of an order of
23
protection, stalking, hate crime, domestic battery, or any
24
offense of domestic violence.
25

(i) (Blank).
26
(Source: P.A. 103-370, eff. 7-28-23; 103-702, eff. 1-1-25;

HB5583
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LRB104 17432 RLC 30857 b
1
103-822, eff. 1-1-25; 104-398, eff. 1-1-26; 104-417, eff.
2
8-15-25
.)

3

(730 ILCS 5/5-6-3.6-1 new)
4

Sec. 5-6-3.6-1.
Mental health crisis consideration for
5
firearm-related offenses.
6

(a) In cases involving a firearm-related offense, the
7
court shall consider diversion to treatment, including
8
eligibility for probation under Section 5-6-3.6, prior to
9
imposing a sentence of incarceration if:
10

(1) the conduct occurred during a documented mental
11

health crisis;
12

(2) the defendant did not discharge the firearm,
13

threaten another person, or cause bodily harm; and
14

(3) the defendant cooperated with law enforcement.
15

(b) Documentation of a mental health crisis may include,
16
but is not limited to:
17

(1) hospital or emergency medical records;
18

(2) voluntary admission to a mental health facility;
19

(3) evaluations by licensed mental health
20

professionals; or
21

(4) other reliable clinical evidence.
22

(c) Nothing in this Section shall be construed to require
23
diversion or probation in any case involving violence, threats
24
of violence, or use of a firearm against another person.

HB5583
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LRB104 17432 RLC 30857 b
1

(730 ILCS 5/5-6-3.6-2 new)
2

Sec. 5-6-3.6-2.
Retroactive review of First Time Weapon
3
Offense Program eligibility.
4

(a) A person convicted of a firearm-related offense prior
5
to the effective date of this amendatory Act of the 104th
6
General Assembly may petition the sentencing court for review
7
if the person:
8

(1) meets the eligibility criteria for probation under
9

Section 5-6-3.6; and
10

(2) was denied access to the program established under
11

section 5-6-3.6 solely due to prosecutorial policy rather
12

than statutory ineligibility.
13

(b) Upon review, the court may:
14

(1) resentence the defendant under Section 5-6-3.6;
15

(2) resentence the defendant to a term of supervision
16

or probation; or
17

(3) order such other relief as justice requires,
18

consistent with public safety.
19

(c) Relief under this Section shall be granted only upon
20
written findings by the court and shall not apply to offenses
21
involving violence, discharge of a firearm, or bodily harm.

22

Section 99.
Effective date.
This Act takes effect upon
23
becoming law.

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