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IllinoisHB3572104th General Assembly (2025–2026)HouseWALLET

UNFIT MISDEMEANANT DIVERSION

Sponsored By: Maura Hirschauer (Democratic)

Became Law

judiciary - criminalassignmentscriminal law

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 0 costs, 2 mixed.

Task force on fitness rules

A 15‑member task force reviews fitness‑to‑stand‑trial laws, restoration housing and custody, rights of unfit people, and DHS duties. It meets by October 1, 2025, and must deliver findings to the Illinois Supreme Court and General Assembly by November 1, 2026. The task force ends after it submits its report.

Treatment diversion for unfit misdemeanors

Courts can place misdemeanor defendants with a bona fide doubt of fitness into a diversion program, with court approval. The court first screens for mental health service eligibility, public safety, and likely treatment participation. If the State and the defendant agree and the court approves, the court may dismiss the charges. Courts may adopt local rules for how these diversion programs run. In these cases, the court does not have to order an immediate fitness exam and may use diversion instead. DHS must provide or arrange inpatient mental health care for people who meet involuntary admission rules.

Faster safer treatment after unfitness

When ordering restoration, the court must choose the least physically restrictive care that fits the treatment plan, with outpatient as the default unless inpatient is needed for safety or no outpatient care exists. A doctor or licensed psychologist who examined the person must testify in person before the court orders inpatient restoration, unless the defendant waives it. If the court orders DHS inpatient custody, DHS must name a facility within 60 days and admit within 60 days or give 30‑day status updates after showing good‑faith efforts; if notice is late, the sheriff requests a status and DHS must reply in 2 business days. Within 5 days of a treatment remand, the clerk must send the order and full report to the receiving agency. Within 30 days of admission, the treatment supervisor must report and, if fitness is likely within the legal time, file a detailed treatment plan. Restoration time is capped: up to one year for felonies, and for misdemeanors no longer than the maximum sentence; people charged only with petty offenses or municipal infractions are not eligible for restoration services.

Stronger rights during fitness exams

Examiners must file a written fitness report within 30 days, and must share notes and any video with another examiner on written request. Forensic interviews must be videotaped unless that is impractical; courts may still consider the testimony. Courts cannot revoke or deny pretrial release just because a fitness exam was ordered. A court may order up to 7 days of inpatient examination, with one 7‑day extension for good cause, if appointments are missed or hospital observation is needed. Courts cannot send exams to DHS‑run facilities, and DHS clinicians cannot be ordered to conduct official exams. If the defense asks and the defendant is indigent, the court may appoint a defense‑picked expert and order the county to pay a reasonable fee.

Sponsors & Cosponsors

Sponsor

  • Maura Hirschauer

    Democratic • House

Cosponsors

  • Charles Meier

    Republican • House

  • Graciela Guzmán

    Democratic • Senate

  • Justin Slaughter

    Democratic • House

  • Karina Villa

    Democratic • Senate

  • Kelly M. Cassidy

    Democratic • House

  • Laura Faver Dias

    Democratic • House

  • Lilian Jiménez

    Democratic • House

  • Lindsey LaPointe

    Democratic • House

  • Lisa Davis

    Democratic • House

  • Mary Edly-Allen

    Democratic • Senate

  • Michael Crawford

    Democratic • House

  • Terra Costa Howard

    Democratic • House

  • Yolonda Morris

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 321 • No: 18

House vote • 5/30/2025

Senate Committee Amendment No. 2 House Concurs

Yes: 103 • No: 13

House vote • 5/29/2025

Senate Committee Amendment No. 2 Motion to Concur Recommends Be Adopted Judiciary - Criminal Committee;

Yes: 15 • No: 0

Senate vote • 5/22/2025

Third Reading - Passed;

Yes: 58 • No: 0

Senate vote • 5/7/2025

Do Pass as Amended Criminal Law;

Yes: 9 • No: 0

House vote • 4/10/2025

Third Reading - Short Debate - Passed

Yes: 111 • No: 0

House vote • 4/9/2025

House Floor Amendment No. 1 Recommends Be Adopted Judiciary - Criminal Committee;

Yes: 15 • No: 0

House vote • 3/20/2025

Do Pass / Short Debate Judiciary - Criminal Committee;

Yes: 10 • No: 5

Actions Timeline

  1. Public Act . . . . . . . . . 104-0318

    8/15/2025House

  2. Effective Date January 1, 2026; some provisions

    8/15/2025House

  3. Effective Date August 15, 2025; some provisions

    8/15/2025House

  4. Governor Approved

    8/15/2025House

  5. Sent to the Governor

    6/24/2025House

  6. Passed Both Houses

    5/30/2025House

  7. House Concurs

    5/30/2025House

  8. Senate Committee Amendment No. 2 House Concurs 103-013-000

    5/30/2025House

  9. Senate Committee Amendment No. 2 Motion to Concur Recommends Be Adopted Judiciary - Criminal Committee; 015-000-000

    5/29/2025House

  10. Senate Committee Amendment No. 2 Motion to Concur Rules Referred to Judiciary - Criminal Committee

    5/28/2025House

  11. Added as Alternate Co-Sponsor Sen. Graciela Guzmán

    5/27/2025Senate

  12. Senate Committee Amendment No. 2 Motion to Concur Referred to Rules Committee

    5/23/2025House

  13. Senate Committee Amendment No. 2 Motion Filed Concur Rep. Maura Hirschauer

    5/23/2025House

  14. Placed on Calendar Order of Concurrence Senate Amendment(s) 2

    5/23/2025House

  15. Arrived in House

    5/22/2025House

  16. Senate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)

    5/22/2025Senate

  17. Third Reading - Passed; 058-000-000

    5/22/2025Senate

  18. Placed on Calendar Order of 3rd Reading May 13, 2025

    5/8/2025Senate

  19. Second Reading

    5/8/2025Senate

  20. Placed on Calendar Order of 2nd Reading May 8, 2025

    5/7/2025Senate

  21. Do Pass as Amended Criminal Law; 009-000-000

    5/7/2025Senate

  22. Senate Committee Amendment No. 2 Adopted

    5/6/2025Senate

  23. Senate Committee Amendment No. 1 Pursuant to Senate Rule 3-8(b-1), the following amendments will remain in the Committee on Assignments

    5/6/2025Senate

  24. Senate Committee Amendment No. 2 Assignments Refers to Criminal Law

    5/6/2025Senate

  25. Senate Committee Amendment No. 2 Referred to Assignments

    5/2/2025Senate

Bill Text

  • Engrossed

    PDF

  • Enrolled

    PDF

  • House Amendment 1

    PDF

  • Introduced

    PDF

  • Senate Amendment 1

    PDF

  • Senate Amendment 2

    PDF

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