# Illinois HB3572: UNFIT MISDEMEANANT DIVERSION Illinois HB3572, UNFIT MISDEMEANANT DIVERSION, is a 104th General Assembly (2025–2026) House bill sponsored by no sponsor on record; status signed, last action 2025-08-15 (Public Act . . . . . . . . . 104-0318) (as of 2026-11-01). - Canonical: https://policyrisk.com/state-bill/IL-HB3572-2025-2026 - As of: 2026-11-01 - Plain-text twin of the page above; the HTML and this file carry the same facts. ## Facts - Bill: Illinois HB3572 - State: Illinois - Session: 104th General Assembly (2025–2026) - Title: UNFIT MISDEMEANANT DIVERSION - Status: signed - Chamber: House - Introduced: 2025-02-07 - Last action: 2025-08-15, Public Act . . . . . . . . . 104-0318 - Sponsors: no sponsor on record - Cosponsors: 14 - Subjects: judiciary - criminal, assignments, criminal law - Touches household money: no - Roll calls: 7 (321 yes, 18 no in all) - Economic provisions PRIA read: 5 ## Summary Amends the Code of Criminal Procedure of 1963. Adds a Diversion of Unfit Misdemeanants Article to the Code. Provides that a defendant charged with one or more misdemeanors and for whom a court has determined that a bona fide doubt of the defendant's fitness has been raised may be admitted into an unfit misdemeanant diversion program only upon the approval of the court. Provides that the Illinois Supreme Court or any circuit court of the State may adopt rules establishing unfit misdemeanant diversion programs consistent with the Article. Provides that the court shall require an eligibility screening and an assessment of the defendant to determine whether the defendant may be able to receive mental health services under the Mental Health and Developmental Disabilities Code which shall reasonably assure his or her safety and that of the public and his or her continued participation in treatment. Provides that if, following this screening, the State and the defendant agree to the diversion and the court determines that the defendant is appropriate for diversion, the criminal charges may be dismissed with prejudice. Provides that if the court does not approve, the court shall order a fitness examination and the matter shall be governed by any other relevant provisions of the Fitness for Trial, To Plead, or to be Sentenced Article of the Code. Provides that the misdemeanant diversion program may maintain or collaborate with mental health and substance use treatment providers necessary to provide a continuum of treatment options commensurate with the needs of the defendant and available resources. Treatment programs shall comply with all relevant statutes and rules. Requires the Department of Human Services to provide care to persons determined to be subject to involuntary admission on an inpatient basis as defined in the Mental Health and Developmental Disabilities Code or may make arrangements with any other appropriate inpatient mental health facility to provide those services. Makes conforming changes in the Fitness for Trial, To Plead, or to be Sentenced Article of the Code. Provides that the Act may be referred to as the Diversion of Unfit Misdemeanants Act. ## Bill overview: provisions PRIA read - Required inpatient care for diversion participants: benefit, medium. Illinois’ Department of Human Services must provide or arrange inpatient mental health care for qualifying diversion participants. This duty applies when a participant is found to meet the state’s legal standard for involuntary inpatient admission. - Shorter exam stays and stronger defendant safeguards: benefit, low. Courts can order facility admission for fitness exams after missed appointments without reasonable cause or when diagnosis requires hospitalization or extended observation. These stays are capped at 7 days, with no additional 7-day extension. Fitness reports must describe needed treatment and the l… - Treatment diversion for misdemeanor defendants: benefit, low. The law creates a treatment diversion path for misdemeanor defendants when courts find genuine doubt about fitness to stand trial. Courts screen eligibility and assess whether services can support safety and continued treatment. This allows eligible defendants to be considered for diversion before… - Outpatient care protections for unfit defendants: benefit, low. For defendants eligible for or on pretrial release, courts must use outpatient treatment unless a listed exception applies. The exceptions are expected serious physical harm or unavailable outpatient treatment that can restore fitness within a reasonable time. A stricter rule covers defendants with… - Minor-offense defendants lose fitness restoration access: cost, low. Defendants charged with petty offenses or municipal ordinance infractions cannot receive fitness restoration services under this law. These services help defendants become able to understand court proceedings and assist in their defense. ## Sponsors and cosponsors - Cosponsor: Charles Meier (Republican), House - Cosponsor: Graciela Guzmán (Democratic), Senate - Cosponsor: Justin Slaughter (Democratic), House - Cosponsor: Karina Villa (Democratic), Senate - Cosponsor: Kelly M. Cassidy (Democratic), House - Cosponsor: Laura Faver Dias (Democratic), House - Cosponsor: Lilian Jiménez (Democratic), House - Cosponsor: Lindsey LaPointe (Democratic), House - Cosponsor: Lisa Davis (Democratic), House - Cosponsor: Mary Edly-Allen (Democratic), Senate - Cosponsor: Maura Hirschauer (Democratic), House - Cosponsor: Michael Crawford (Democratic), House - Cosponsor: Terra Costa Howard (Democratic), House - Cosponsor: Yolonda Morris (Democratic), House ## Roll call votes | Date | Chamber | Motion | Result | Yes | No | Other | | --- | --- | --- | --- | --- | --- | --- | | 2025-05-30 | House | Senate Committee Amendment No. 2 House Concurs | pass | 103 | 13 | | | 2025-05-29 | House | Senate Committee Amendment No. 2 Motion to Concur Recommends Be Adopted Judiciary - Criminal Committee; | pass | 15 | 0 | | | 2025-05-22 | Senate | Third Reading - Passed; | pass | 58 | 0 | | | 2025-05-07 | Senate | Do Pass as Amended Criminal Law; | pass | 9 | 0 | | | 2025-04-10 | House | Third Reading - Short Debate - Passed | pass | 111 | 0 | | | 2025-04-09 | House | House Floor Amendment No. 1 Recommends Be Adopted Judiciary - Criminal Committee; | pass | 15 | 0 | | | 2025-03-20 | House | Do Pass / Short Debate Judiciary - Criminal Committee; | pass | 10 | 5 | | ## Actions (61) - 2025-08-15: Public Act . . . . . . . . . 104-0318 (House) - 2025-08-15: Effective Date January 1, 2026; some provisions (House) - 2025-08-15: Effective Date August 15, 2025; some provisions (House) - 2025-08-15: Governor Approved (House) - 2025-06-24: Sent to the Governor (House) - 2025-05-30: Passed Both Houses (House) - 2025-05-30: House Concurs (House) - 2025-05-30: Senate Committee Amendment No. 2 House Concurs 103-013-000 (House) - 2025-05-29: Senate Committee Amendment No. 2 Motion to Concur Recommends Be Adopted Judiciary - Criminal Committee; 015-000-000 (House) - 2025-05-28: Senate Committee Amendment No. 2 Motion to Concur Rules Referred to Judiciary - Criminal Committee (House) - 2025-05-27: Added as Alternate Co-Sponsor Sen. Graciela Guzmán (Senate) - 2025-05-23: Senate Committee Amendment No. 2 Motion to Concur Referred to Rules Committee (House) - 2025-05-23: Senate Committee Amendment No. 2 Motion Filed Concur Rep. Maura Hirschauer (House) - 2025-05-23: Placed on Calendar Order of Concurrence Senate Amendment(s) 2 (House) - 2025-05-22: Arrived in House (House) - 2025-05-22: Senate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a) (Senate) - 2025-05-22: Third Reading - Passed; 058-000-000 (Senate) - 2025-05-08: Placed on Calendar Order of 3rd Reading May 13, 2025 (Senate) - 2025-05-08: Second Reading (Senate) - 2025-05-07: Placed on Calendar Order of 2nd Reading May 8, 2025 (Senate) - 2025-05-07: Do Pass as Amended Criminal Law; 009-000-000 (Senate) - 2025-05-06: Senate Committee Amendment No. 2 Adopted (Senate) - 2025-05-06: Senate Committee Amendment No. 1 Pursuant to Senate Rule 3-8(b-1), the following amendments will remain in the Committee on Assignments (Senate) - 2025-05-06: Senate Committee Amendment No. 2 Assignments Refers to Criminal Law (Senate) - 2025-05-02: Senate Committee Amendment No. 2 Referred to Assignments (Senate) - 2025-05-02: Senate Committee Amendment No. 2 Filed with Secretary by Sen. Karina Villa (Senate) - 2025-05-02: Senate Committee Amendment No. 1 Referred to Assignments (Senate) - 2025-05-02: Senate Committee Amendment No. 1 Filed with Secretary by Sen. Karina Villa (Senate) - 2025-05-01: Added as Alternate Co-Sponsor Sen. Mary Edly-Allen (Senate) - 2025-04-29: Assigned to Criminal Law (Senate) - 2025-04-14: Referred to Assignments (Senate) - 2025-04-14: First Reading (Senate) - 2025-04-14: Chief Senate Sponsor Sen. Karina Villa (Senate) - 2025-04-14: Placed on Calendar Order of First Reading (Senate) - 2025-04-14: Arrive in Senate (Senate) - 2025-04-10: Added Co-Sponsor Rep. Lilian Jiménez (House) - 2025-04-10: Added Co-Sponsor Rep. Charles Meier (House) - 2025-04-10: Added Co-Sponsor Rep. Yolonda Morris (House) - 2025-04-10: Third Reading - Short Debate - Passed 111-000-000 (House) - 2025-04-10: Placed on Calendar Order of 3rd Reading - Short Debate (House) - 2025-04-10: House Floor Amendment No. 1 Adopted (House) - 2025-04-10: Added Chief Co-Sponsor Rep. Justin Slaughter (House) - 2025-04-10: Added Chief Co-Sponsor Rep. Lindsey LaPointe (House) - 2025-04-09: House Floor Amendment No. 1 Recommends Be Adopted Judiciary - Criminal Committee; 015-000-000 (House) - 2025-04-08: House Floor Amendment No. 1 Rules Refers to Judiciary - Criminal Committee (House) - 2025-04-08: Chief Sponsor Changed to Rep. Maura Hirschauer (House) - 2025-04-08: House Floor Amendment No. 1 Referred to Rules Committee (House) - 2025-04-08: House Floor Amendment No. 1 Filed with Clerk by Rep. Lindsey LaPointe (House) - 2025-03-26: Held on Calendar Order of Second Reading - Short Debate (House) - 2025-03-26: Second Reading - Short Debate (House) - 2025-03-21: Placed on Calendar 2nd Reading - Short Debate (House) - 2025-03-20: Do Pass / Short Debate Judiciary - Criminal Committee; 010-005-000 (House) - 2025-03-20: Added Co-Sponsor Rep. Terra Costa Howard (House) - 2025-03-20: Added Co-Sponsor Rep. Laura Faver Dias (House) - 2025-03-20: Added Co-Sponsor Rep. Kelly M. Cassidy (House) - 2025-03-18: Added Co-Sponsor Rep. Lisa Davis (House) - 2025-03-13: Added Co-Sponsor Rep. Michael Crawford (House) - 2025-03-11: Assigned to Judiciary - Criminal Committee (House) - 2025-02-18: Referred to Rules Committee (House) - 2025-02-18: First Reading (House) - 2025-02-07: Filed with the Clerk by Rep. Lindsey LaPointe (House) ## Bill text - Engrossed: [PDF](https://www.ilga.gov/documents/legislation/104/HB/PDF/10400HB3572eng.pdf) - Enrolled: [PDF](https://www.ilga.gov/documents/legislation/104/HB/PDF/10400HB3572enr.pdf) - House Amendment 1: [PDF](https://www.ilga.gov/documents/legislation/104/HB/PDF/10400HB3572ham001.pdf) - Introduced: [PDF](https://www.ilga.gov/documents/legislation/104/HB/PDF/10400HB3572.pdf) - Senate Amendment 1: [PDF](https://www.ilga.gov/documents/legislation/104/HB/PDF/10400HB3572sam001.pdf) - Senate Amendment 2: [PDF](https://www.ilga.gov/documents/legislation/104/HB/PDF/10400HB3572sam002.pdf) ## Related bills - HB5198: AFFORDABLE HOUSING-CILAS (passed house) - SB1937: PENSION CODE-VARIOUS (passed senate) - HB2563: CONDO-RESERVE STUDY (in committee) - HB4701: LIMITATIONS FACILITY FEES ACT (in committee) - SB3008: DHS-ABLE PROGRAM INFO MATERIAL (passed senate) - SB3484: VEH CD-PLATES-REGISTRATION (signed) ## Sources - [Engrossed (PDF)](https://www.ilga.gov/documents/legislation/104/HB/PDF/10400HB3572eng.pdf) - [Enrolled (PDF)](https://www.ilga.gov/documents/legislation/104/HB/PDF/10400HB3572enr.pdf) - [House Amendment 1 (PDF)](https://www.ilga.gov/documents/legislation/104/HB/PDF/10400HB3572ham001.pdf) - [Introduced (PDF)](https://www.ilga.gov/documents/legislation/104/HB/PDF/10400HB3572.pdf) - [Senate Amendment 1 (PDF)](https://www.ilga.gov/documents/legislation/104/HB/PDF/10400HB3572sam001.pdf) - [Senate Amendment 2 (PDF)](https://www.ilga.gov/documents/legislation/104/HB/PDF/10400HB3572sam002.pdf) ## Related - [HB5198: AFFORDABLE HOUSING-CILAS](https://policyrisk.com/state-bill/IL-HB5198-2025-2026) - [SB1937: PENSION CODE-VARIOUS](https://policyrisk.com/state-bill/IL-SB1937-2025-2026) - [HB2563: CONDO-RESERVE STUDY](https://policyrisk.com/state-bill/IL-HB2563-2025-2026) - [HB4701: LIMITATIONS FACILITY FEES ACT](https://policyrisk.com/state-bill/IL-HB4701-2025-2026) - [SB3008: DHS-ABLE PROGRAM INFO MATERIAL](https://policyrisk.com/state-bill/IL-SB3008-2025-2026) - [SB3484: VEH CD-PLATES-REGISTRATION](https://policyrisk.com/state-bill/IL-SB3484-2025-2026) - [Illinois bills](https://policyrisk.com/states/illinois/bills) - [Illinois state hub](https://policyrisk.com/states/illinois) - [All state legislation](https://policyrisk.com/state-bills) Source: PRIA, https://policyrisk.com/state-bill/IL-HB3572-2025-2026 (as of 2026-11-01).