Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1899 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	SB1899 EngrossedLRB104 07191 BDA 17228 b SB1899 Engrossed LRB104 07191 BDA 17228 b
2		-	SB1899 Engrossed LRB104 07191 BDA 17228 b
	1	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1899 Introduced 2/6/2025, by Sen. Elgie R. Sims, Jr. SYNOPSIS AS INTRODUCED: 430 ILCS 65/5 from Ch. 38, par. 83-5430 ILCS 65/8.6 new Amends the Firearm Owners Identification Card Act. Provides that a person charged with certain weapon-related offenses under the Criminal Code of 2012 and sentenced to the First Time Weapons Offense Program under the Unified Code of Corrections or any other court-ordered diversionary program created by law or by a court of the State of Illinois may submit an application for a Firearm Owner's Identification Card before receiving a court order demonstrating completion of the program. Directs the Illinois State Police to issue a Firearm Owner's Identification Card to such a person upon receiving a court order demonstrating completion of the program, provided the person is otherwise eligible to receive a Firearm Owner's Identification Card. Specifies that a FOID application made under this provision shall be approved or denied within 10 business days of receiving a court order or written notification from a State's Attorney that the person completed a diversionary program. LRB104 07191 BDA 17228 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1899 Introduced 2/6/2025, by Sen. Elgie R. Sims, Jr. SYNOPSIS AS INTRODUCED: 430 ILCS 65/5 from Ch. 38, par. 83-5430 ILCS 65/8.6 new 430 ILCS 65/5 from Ch. 38, par. 83-5 430 ILCS 65/8.6 new Amends the Firearm Owners Identification Card Act. Provides that a person charged with certain weapon-related offenses under the Criminal Code of 2012 and sentenced to the First Time Weapons Offense Program under the Unified Code of Corrections or any other court-ordered diversionary program created by law or by a court of the State of Illinois may submit an application for a Firearm Owner's Identification Card before receiving a court order demonstrating completion of the program. Directs the Illinois State Police to issue a Firearm Owner's Identification Card to such a person upon receiving a court order demonstrating completion of the program, provided the person is otherwise eligible to receive a Firearm Owner's Identification Card. Specifies that a FOID application made under this provision shall be approved or denied within 10 business days of receiving a court order or written notification from a State's Attorney that the person completed a diversionary program. LRB104 07191 BDA 17228 b LRB104 07191 BDA 17228 b A BILL FOR
	2	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1899 Introduced 2/6/2025, by Sen. Elgie R. Sims, Jr. SYNOPSIS AS INTRODUCED:
	3	+	430 ILCS 65/5 from Ch. 38, par. 83-5430 ILCS 65/8.6 new 430 ILCS 65/5 from Ch. 38, par. 83-5 430 ILCS 65/8.6 new
	4	+	430 ILCS 65/5 from Ch. 38, par. 83-5
	5	+	430 ILCS 65/8.6 new
	6	+	Amends the Firearm Owners Identification Card Act. Provides that a person charged with certain weapon-related offenses under the Criminal Code of 2012 and sentenced to the First Time Weapons Offense Program under the Unified Code of Corrections or any other court-ordered diversionary program created by law or by a court of the State of Illinois may submit an application for a Firearm Owner's Identification Card before receiving a court order demonstrating completion of the program. Directs the Illinois State Police to issue a Firearm Owner's Identification Card to such a person upon receiving a court order demonstrating completion of the program, provided the person is otherwise eligible to receive a Firearm Owner's Identification Card. Specifies that a FOID application made under this provision shall be approved or denied within 10 business days of receiving a court order or written notification from a State's Attorney that the person completed a diversionary program.
	7	+	LRB104 07191 BDA 17228 b LRB104 07191 BDA 17228 b
	8	+	LRB104 07191 BDA 17228 b
	9	+	A BILL FOR
	10	+	SB1899LRB104 07191 BDA 17228 b SB1899 LRB104 07191 BDA 17228 b
	11	+	SB1899 LRB104 07191 BDA 17228 b
3	12		1 AN ACT concerning safety.
4	13		2 Be it enacted by the People of the State of Illinois,
5	14		3 represented in the General Assembly:
6		-	4 Section 5. The ~~Unified Code of Corrections~~ is ~~amended by~~
7		-	5 changing Section 5~~-6-3.6~~ and by adding Section 5-6~~-3.7~~ as
	15	+	4 Section 5. The Firearm Owners Identification Card Act is
	16	+	5 amended by changing Section 5 and by adding Section 8.6 as
8	17		6 follows:
9		-	7 (~~730~~ ILCS 5/5~~-6-3.6~~)
10		-	8 Sec. 5~~-6-3.6~~. ~~First Time Weapon Offense Program~~.
11		-	9 (a) The ~~General Assembly has sought to promote public~~
12		-	10 ~~safety, reduce recidivism,~~ ~~and conserve valuable resources of~~
13		-	11 ~~the criminal justice system through the creation of diversion~~
14		-	12 ~~programs for non-violent~~ ~~offenders. Public Act 103-370~~ ~~This~~
15		-	13 ~~amendatory~~ Act of the ~~103rd General Assembly establishes~~ a
16		-	14 ~~program for first-time, non-violent~~ ~~offenders charged with~~
17		-	15 ~~certain weapons possession offenses~~. The ~~General Assembly~~
18		-	16 ~~recognizes some persons,~~ ~~particularly in areas of high crime~~
19		-	17 ~~or poverty,~~ ~~may have experienced trauma that contributes to~~
20		-	18 ~~poor decision making skills, and~~ the ~~creation~~ of a
21		-	19 ~~diversionary program poses~~ a ~~greater benefit to~~ the ~~community~~
22		-	20 ~~and~~ the ~~person than incarceration.~~ ~~Under this program, a~~
23		-	21 ~~court, with~~ the ~~consent~~ of ~~the defendant and the State's~~
24		-	22 ~~Attorney, may sentence a defendant charged with an unlawful~~
25		-	23 ~~possession of weapons offense under Section 24-1 of~~ the
	18	+	7 (430 ILCS 65/5) (from Ch. 38, par. 83-5)
	19	+	8 Sec. 5. Application and renewal.
	20	+	9 (a) The Illinois State Police shall either approve or deny
	21	+	10 all applications within 30 days from the date they are
	22	+	11 received, except as provided in subsections (b), and (c), and
	23	+	12 (c-5), and every applicant found qualified under Section 8 of
	24	+	13 this Act by the Illinois State Police shall be entitled to a
	25	+	14 Firearm Owner's Identification Card upon the payment of a $10
	26	+	15 fee and applicable processing fees. The processing fees shall
	27	+	16 be limited to charges by the State Treasurer for using the
	28	+	17 electronic online payment system. Any applicant who is an
	29	+	18 active duty member of the Armed Forces of the United States, a
	30	+	19 member of the Illinois National Guard, or a member of the
	31	+	20 Reserve Forces of the United States is exempt from the
	32	+	21 application fee. $5 of each fee derived from the issuance of a
	33	+	22 Firearm Owner's Identification Card or renewals thereof shall
	34	+	23 be deposited in the State Police Firearm Services Fund and $5
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34		-	1 Criminal Code of 2012 or aggravated unlawful possession of a
35		-	2 weapon offense under Section 24-1.6 of the Criminal Code of
36		-	3 2012, if punishable as a Class 4 felony or lower, to a First
37		-	4 Time Weapon Offense Program.
38		-	5 (b) A defendant is not eligible for this Program if:
39		-	6 (1) the offense was committed during the commission of
40		-	7 a violent offense as defined in subsection (h) of this
41		-	8 Section;
42		-	9 (2) he or she has previously been convicted or placed
43		-	10 on probation or conditional discharge for any violent
44		-	11 offense under the laws of this State, the laws of any other
45		-	12 state, or the laws of the United States;
46		-	13 (3) he or she had a prior successful completion of the
47		-	14 First Time Weapon Offense Program under this Section;
48		-	15 (4) he or she has previously been adjudicated a
49		-	16 delinquent minor for the commission of a violent offense;
50		-	17 (5) (blank); or
51		-	18 (6) he or she has an existing order of protection
52		-	19 issued against him or her.
53		-	20 (b-5) In considering whether a defendant shall be
54		-	21 sentenced to the First Time Weapon Offense Program, the court
55		-	22 shall consider the following:
56		-	23 (1) the age, immaturity, or limited mental capacity of
57		-	24 the defendant;
58		-	25 (2) the nature and circumstances of the offense;
59		-	26 (3) whether participation in the Program is in the
	38	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1899 Introduced 2/6/2025, by Sen. Elgie R. Sims, Jr. SYNOPSIS AS INTRODUCED:
	39	+	430 ILCS 65/5 from Ch. 38, par. 83-5430 ILCS 65/8.6 new 430 ILCS 65/5 from Ch. 38, par. 83-5 430 ILCS 65/8.6 new
	40	+	430 ILCS 65/5 from Ch. 38, par. 83-5
	41	+	430 ILCS 65/8.6 new
	42	+	Amends the Firearm Owners Identification Card Act. Provides that a person charged with certain weapon-related offenses under the Criminal Code of 2012 and sentenced to the First Time Weapons Offense Program under the Unified Code of Corrections or any other court-ordered diversionary program created by law or by a court of the State of Illinois may submit an application for a Firearm Owner's Identification Card before receiving a court order demonstrating completion of the program. Directs the Illinois State Police to issue a Firearm Owner's Identification Card to such a person upon receiving a court order demonstrating completion of the program, provided the person is otherwise eligible to receive a Firearm Owner's Identification Card. Specifies that a FOID application made under this provision shall be approved or denied within 10 business days of receiving a court order or written notification from a State's Attorney that the person completed a diversionary program.
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	44	+	LRB104 07191 BDA 17228 b
	45	+	A BILL FOR
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	51	+	430 ILCS 65/5 from Ch. 38, par. 83-5
	52	+	430 ILCS 65/8.6 new
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70		-	1 interest of the defendant's rehabilitation, including any
71		-	2 employment or involvement in community, educational,
72		-	3 training, or vocational programs;
73		-	4 (4) whether the defendant suffers from trauma, as
74		-	5 supported by documentation or evaluation by a licensed
75		-	6 professional; and
76		-	7 (5) the potential risk to public safety.
77		-	8 (c) For an offense committed on or after January 1, 2018
78		-	9 (the effective date of Public Act 100-3) whenever an eligible
79		-	10 person pleads guilty to an unlawful possession of weapons
80		-	11 offense under Section 24-1 of the Criminal Code of 2012 or
81		-	12 aggravated unlawful possession of a weapon offense under
82		-	13 Section 24-1.6 of the Criminal Code of 2012, which is
83		-	14 punishable as a Class 4 felony or lower, the court, with the
84		-	15 consent of the defendant and the State's Attorney, may,
85		-	16 without entering a judgment, sentence the defendant to
86		-	17 complete the First Time Weapon Offense Program. When a
87		-	18 defendant is placed in the Program, the court shall defer
88		-	19 further proceedings in the case until the conclusion of the
89		-	20 period or until the filing of a petition alleging violation of
90		-	21 a term or condition of the Program. A disposition of probation
91		-	22 is considered to be a conviction for the purposes of imposing
92		-	23 the conditions of probation and for appeal; , however, a
93		-	24 sentence under this Section is not a conviction for purposes
94		-	25 of this Act or for purposes of disqualifications or
95		-	26 disabilities imposed by law upon conviction of a crime unless
	55	+
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106		-	1 and until judgment is entered. Upon violation of a term or
107		-	2 condition of the Program, the court may enter a judgment on its
108		-	3 original finding of guilt and proceed as otherwise provided by
109		-	4 law. Upon fulfillment of the terms and conditions of the
110		-	5 Program, the court shall discharge the person and dismiss the
111		-	6 proceedings against the person.
112		-	7 (d) The Program shall be at least 6 months and not to
113		-	8 exceed 24 months, as determined by the court at the
114		-	9 recommendation of the Program administrator and the State's
115		-	10 Attorney. The Program administrator may be appointed by the
116		-	11 Chief Judge of each Judicial Circuit.
117		-	12 (e) The conditions of the Program shall be that the
118		-	13 defendant:
119		-	14 (1) not violate any criminal statute of this State or
120		-	15 any other jurisdiction;
121		-	16 (2) refrain from possessing a firearm or other
122		-	17 dangerous weapon;
123		-	18 (3) (blank);
124		-	19 (4) (blank);
125		-	20 (5) (blank);
126		-	21 (6) (blank);
127		-	22 (7) attend and participate in any Program activities
128		-	23 deemed required by the Program administrator, such as:
129		-	24 counseling sessions, in-person and over the phone
130		-	25 check-ins, and educational classes; and
131		-	26 (8) (blank).
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	71	+	1 into the State Police Firearm Enforcement Fund.
	72	+	2 (b) Renewal applications shall be approved or denied
	73	+	3 within 60 business days, provided the applicant submitted his
	74	+	4 or her renewal application prior to the expiration of his or
	75	+	5 her Firearm Owner's Identification Card. If a renewal
	76	+	6 application has been submitted prior to the expiration date of
	77	+	7 the applicant's Firearm Owner's Identification Card, the
	78	+	8 Firearm Owner's Identification Card shall remain valid while
	79	+	9 the Illinois State Police processes the application, unless
	80	+	10 the person is subject to or becomes subject to revocation
	81	+	11 under this Act. The cost for a renewal application shall be $10
	82	+	12 and may include applicable processing fees, which shall be
	83	+	13 limited to charges by the State Treasurer for using the
	84	+	14 electronic online payment system, which shall be deposited
	85	+	15 into the State Police Firearm Services Fund.
	86	+	16 (c) If the Firearm Owner's Identification Card of a
	87	+	17 licensee under the Firearm Concealed Carry Act expires during
	88	+	18 the term of the licensee's concealed carry license, the
	89	+	19 Firearm Owner's Identification Card and the license remain
	90	+	20 valid and the licensee does not have to renew his or her
	91	+	21 Firearm Owner's Identification Card during the duration of the
	92	+	22 concealed carry license. Unless the Illinois State Police has
	93	+	23 reason to believe the licensee is no longer eligible for the
	94	+	24 card, the Illinois State Police may automatically renew the
	95	+	25 licensee's Firearm Owner's Identification Card and send a
	96	+	26 renewed Firearm Owner's Identification Card to the licensee.
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142		-	1 (f) The Program may, in addition to other conditions,
143		-	2 require that the defendant:
144		-	3 (1) obtain or attempt to obtain employment;
145		-	4 (2) attend educational courses designed to prepare the
146		-	5 defendant for obtaining a high school diploma or to work
147		-	6 toward passing high school equivalency testing or to work
148		-	7 toward completing a vocational training program;
149		-	8 (3) refrain from having in his or her body the
150		-	9 presence of any illicit drug prohibited by the
151		-	10 Methamphetamine Control and Community Protection Act or
152		-	11 the Illinois Controlled Substances Act, unless prescribed
153		-	12 by a physician, and submit samples of his or her blood or
154		-	13 urine or both for tests to determine the presence of any
155		-	14 illicit drug;
156		-	15 (4) perform community service;
157		-	16 (5) pay all fines, assessments, fees, and costs; and
158		-	17 (6) comply with such other reasonable conditions as
159		-	18 the court may impose.
160		-	19 (f-1) Upon the successful completion of the Program, a
161		-	20 defendant may submit an application for a Firearm Owner's
162		-	21 Identification Card upon receiving a court order demonstrating
163		-	22 completion of the Program. The Illinois State Police shall
164		-	23 issue a Firearm Owner's Identification Card to such person
165		-	24 upon receiving a court order demonstrating completion of the
166		-	25 Program if the person is otherwise eligible to receive a
167		-	26 Firearm Owner's Identification Card. Nothing in this Section
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	107	+	1 (c-5) Applications subject to Section 8.6 shall be
	108	+	2 approved or denied within 10 business days of receiving a
	109	+	3 court order or written notification from a State's Attorney
	110	+	4 that the person completed a diversionary program.
	111	+	5 (d) The Illinois State Police may adopt rules concerning
	112	+	6 the use of voluntarily submitted fingerprints, as allowed by
	113	+	7 State and federal law.
	114	+	8 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
	115	+	9 102-813, eff. 5-13-22; 103-609, eff. 7-1-24.)
	116	+	10 (430 ILCS 65/8.6 new)
	117	+	11 Sec. 8.6. Unlawful use of a weapon offense diversionary
	118	+	12 programs. A person charged with an unlawful use of weapons
	119	+	13 offense under Section 24-1 of the Criminal Code of 2012 or
	120	+	14 aggravated unlawful use of a weapon offense under Section
	121	+	15 24-1.6 of the Criminal Code of 2012 and sentenced to the First
	122	+	16 Time Weapons Offense Program under Section 5-6-3.6 of the
	123	+	17 Unified Code of Corrections or any other court-ordered
	124	+	18 diversionary program created by law or by a court of the State
	125	+	19 of Illinois may submit an application for a Firearm Owner's
	126	+	20 Identification Card prior to receiving a court order
	127	+	21 demonstrating completion of the program. The Illinois State
	128	+	22 Police shall issue a Firearm Owner's Identification Card to
	129	+	23 such person upon receiving a court order demonstrating
	130	+	24 completion of the program, provided the person is otherwise
	131	+	25 eligible to receive a Firearm Owner's Identification Card.
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178		-	1 shall prohibit the Illinois State Police from denying an
179		-	2 application for or revoking a Firearm Owner's Identification
180		-	3 Card as provided by law.
181		-	4 (g) There may be only one discharge and dismissal under
182		-	5 this Section. If a person is convicted of any offense which
183		-	6 occurred within 5 years subsequent to a discharge and
184		-	7 dismissal under this Section, the discharge and dismissal
185		-	8 under this Section shall be admissible in the sentencing
186		-	9 proceeding for that conviction as evidence in aggravation.
187		-	10 (h) For purposes of this Section, "violent offense" means
188		-	11 any offense in which bodily harm was inflicted or force was
189		-	12 used against any person or threatened against any person; any
190		-	13 offense involving the possession of a firearm or dangerous
191		-	14 weapon; any offense involving sexual conduct, sexual
192		-	15 penetration, or sexual exploitation; violation of an order of
193		-	16 protection, stalking, hate crime, domestic battery, or any
194		-	17 offense of domestic violence.
195		-	18 (i) (Blank).
196		-	19 (Source: P.A. 102-245, eff. 8-3-21; 102-1109, eff. 12-21-22;
197		-	20 103-370, eff. 7-28-23; 103-702, eff. 1-1-25; 103-822, eff.
198		-	21 1-1-25; revised 11-26-24.)
199		-	22 (730 ILCS 5/5-6-3.7 new)
200		-	23 Sec. 5-6-3.7. Unlawful possession of weapons offense
201		-	24 diversion programs; Firearm Owner's Identification Card
202		-	25 eligibility.
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213		-	1 (a) A State's Attorney, at his or her discretion, may
214		-	2 request that a defendant charged with an unlawful possession
215		-	3 of weapons offense under Section 24-1 of the Criminal Code of
216		-	4 2012 or aggravated unlawful possession of a weapon offense
217		-	5 under Section 24-1.6 of the Criminal Code of 2012, if
218		-	6 punishable as a Class 4 felony or lower, be sentenced to a
219		-	7 First Time Weapon Offense Program.
220		-	8 (b) Upon the successful completion of the diversion
221		-	9 program, a defendant may submit an application for a Firearm
222		-	10 Owner's Identification Card upon receiving a court order
223		-	11 demonstrating completion of the program. The Illinois State
224		-	12 Police shall issue a Firearm Owner's Identification Card to
225		-	13 such person upon receiving a court order demonstrating
226		-	14 completion of the program if the person is otherwise eligible
227		-	15 to receive a Firearm Owner's Identification Card. Nothing in
228		-	16 this Section shall prohibit the Illinois State Police from
229		-	17 denying an application for or revoking a Firearm Owner's
230		-	18 Identification Card as provided by law.
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