Bill Text: IL SB3563 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Unified Code of Corrections. Provides that the following are discretionary (rather than mandatory) preconditions to Second Chance Probation: (1) making full restitution to the victim or property owner; (2) obtaining or attempting to obtain employment; (3) paying fines and costs; (4) attending specified educational courses; and (5) performing community service. Eliminates a provision which requires a defendant to submit to periodic drug testing at a time and in a manner ordered by the court, but no less than 3 times during the period of probation, with the cost of the testing to be paid by the defendant. Authorizes defense counsel to offer input on the duration of the First Time Weapon Offense Program. Deletes provisions requiring the State's Attorney consent for a defendant to participate in Second Chance Probation or the First Time Weapon Offense Program.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced) 2026-02-05 - Referred to Assignments [SB3563 Detail]

Download: Illinois-2025-SB3563-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026SB3563 Introduced 2/5/2026, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED:
730 ILCS 5/5-6-3.4
730 ILCS 5/5-6-3.6
Amends the Unified Code of Corrections. Provides that the following are discretionary (rather than mandatory) preconditions to Second Chance Probation: (1) making full restitution to the victim or property owner; (2) obtaining or attempting to obtain employment; (3) paying fines and costs; (4) attending specified educational courses; and (5) performing community service. Eliminates a provision which requires a defendant to submit to periodic drug testing at a time and in a manner ordered by the court, but no less than 3 times during the period of probation, with the cost of the testing to be paid by the defendant. Authorizes defense counsel to offer input on the duration of the First Time Weapon Offense Program. Deletes provisions requiring the State's Attorney consent for a defendant to participate in Second Chance Probation or the First Time Weapon Offense Program.
LRB104 19440 RLC 32888 b
A BILL FOR
SB3563 LRB104 19440 RLC 32888 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unified Code of Corrections is amended by
changing Sections 5-6-3.4 and 5-6-3.6 as follows:
(730 ILCS 5/5-6-3.4)
Sec. 5-6-3.4. Second Chance Probation.
(a) Whenever any person who has not previously been
convicted of any felony offense under the laws of this State,
the laws of any other state, or the laws of the United States,
and pleads guilty to, or is found guilty of, possession of less
than 15 grams of a controlled substance; possession of less
than 15 grams of methamphetamine; or a probationable felony
offense of possession of cannabis, theft, retail theft,
forgery, deceptive practices, possession of a stolen motor
vehicle, burglary, possession of burglary tools, disorderly
conduct, criminal damage or trespass to property under Article
21 of the Criminal Code of 2012, criminal trespass to a
residence, an offense involving fraudulent identification, or
obstructing justice; or possession of cannabis, the court,
with the consent of the defendant and the State's Attorney,
may, without entering a judgment, sentence the defendant to
probation under this Section. A sentence under this Section

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shall not be considered a conviction under Illinois law unless
and until judgment is entered under subsection (e) of this
Section.
(a-1) Exemptions. A defendant is not eligible for this
probation if the offense he or she pleads guilty to, or is
found guilty of, is a violent offense, or he or she has
previously been convicted of a violent offense. For purposes
of this probation, a "violent offense" is any offense where
bodily harm was inflicted or where force was used against any
person or threatened against any person, any offense involving
sexual conduct, sexual penetration, or sexual exploitation,
any offense of domestic violence, domestic battery, violation
of an order of protection, stalking, hate crime, and any
offense involving the possession of a firearm or dangerous
weapon. A defendant shall not be eligible for this probation
if he or she has previously been adjudicated a delinquent
minor for the commission of a violent offense as defined in
this subsection.
(b) When a defendant is placed on probation, the court
shall enter an order specifying a period of probation of up to
not less than 24 months and shall defer further proceedings in
the case until the conclusion of the period or until the filing
of a petition alleging violation of a term or condition of
probation.
(c) The conditions of probation shall be that the
defendant:

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(1) not violate any criminal statute of this State or
any other jurisdiction; and
(2) refrain from possessing a firearm or other
dangerous weapon. ;
(3) Blank. make full restitution to the victim or
property owner under Section 5-5-6 of this Code;
(4) Blank. obtain or attempt to obtain employment;
(5) Blank. pay fines and costs;
(6) Blank. attend educational courses designed to
prepare the defendant for obtaining a high school diploma
or to work toward passing high school equivalency testing
or to work toward completing a vocational training
program;
(7) Blank. submit to periodic drug testing at a time
and in a manner as ordered by the court, but no less than 3
times during the period of probation, with the cost of the
testing to be paid by the defendant; and
(8) Blank. perform a minimum of 30 hours of community
service. The court may give credit toward the fulfillment
of community service hours for participation in activities
and treatment as determined by court services.
(d) The court may, in addition to other conditions,
require that the defendant:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or
social service agency as directed by the court in the

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order of probation;
(2) undergo medical or psychiatric treatment, or
treatment or rehabilitation approved by the Illinois
Department of Human Services;
(3) attend or reside in a facility established for the
instruction or residence of defendants on probation;
(4) support his or her dependents; or
(5) refrain from having in his or her body the
presence of any illicit drug prohibited by the
Methamphetamine Control and Community Protection Act, the
Cannabis Control Act, or the Illinois Controlled
Substances Act, unless prescribed by a physician, and
submit samples of his or her blood or urine or both for
tests to determine the presence of any illicit drug;
(6) make full restitution to the victim or property
owner under Section 5-5-6 of this Code;
(7) obtain or attempt to obtain employment;
(8) pay fines and costs;
(9) attend educational courses designed to prepare the
defendant for obtaining a high school diploma or to work
toward passing high school equivalency testing or to work
toward completing a vocational training program; or
(10) perform community service. The court may give
credit toward the fulfillment of community service hours
for participation in activities and treatment as
determined by court services.

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(e) Upon violation of a term or condition of probation,
the court may enter a judgment on its original finding of guilt
and proceed as otherwise provided by law.
(f) Upon fulfillment of the terms and conditions of
probation, the court shall discharge the person and dismiss
the proceedings against the person.
(g) A disposition of probation is considered to be a
conviction for the purposes of imposing the conditions of
probation and for appeal; however, a sentence under this
Section is not a conviction for purposes of this Code or for
purposes of disqualifications or disabilities imposed by law
upon conviction of a crime unless and until judgment is
entered.
(h) A person may only have one discharge and dismissal
under this Section within a 4-year period.
(i) If a person is convicted of any offense which occurred
within 5 years subsequent to a discharge and dismissal under
this Section, the discharge and dismissal under this Section
shall be admissible in the sentencing proceeding for that
conviction as evidence in aggravation.
(j) Notwithstanding subsection (a), if the court finds
that the defendant suffers from a substance abuse problem,
then before the person is placed on probation under this
Section, the court may refer the person to the drug court
established in that judicial circuit pursuant to Section 15 of
the Drug Court Treatment Act. The drug court team shall

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evaluate the person's likelihood of successfully fulfilling
the terms and conditions of probation under this Section and
shall report the results of its evaluation to the court. If the
drug court team finds that the person suffers from a substance
abuse problem that makes him or her substantially unlikely to
successfully fulfill the terms and conditions of probation
under this Section, then the drug court shall set forth its
findings in the form of a written order, and the person shall
be ineligible to be placed on probation under this Section,
but shall be considered for the drug court program.
(Source: P.A. 103-702, eff. 1-1-25.)
(730 ILCS 5/5-6-3.6)
Sec. 5-6-3.6. First Time Weapon Offense Program.
(a) The General Assembly has sought to promote public
safety, reduce recidivism, and conserve valuable resources of
the criminal justice system through the creation of diversion
programs for non-violent offenders. Public Act 103-370
establishes a program for first-time, non-violent offenders
charged with certain weapons possession offenses. The General
Assembly recognizes some persons, particularly in areas of
high crime or poverty, may have experienced trauma that
contributes to poor decision making skills, and the creation
of a diversionary program poses a greater benefit to the
community and the person than incarceration. Under this
program, a court, with the consent of the defendant and the

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State's Attorney, may sentence a defendant charged with an
unlawful possession of weapons offense under Section 24-1 of
the Criminal Code of 2012 or aggravated unlawful possession of
a weapon offense under Section 24-1.6 of the Criminal Code of
2012, if punishable as a Class 4 felony or lower, to a First
Time Weapon Offense Program.
(b) A defendant is not eligible for this Program if:
(1) the offense was committed during the commission of
a violent offense as defined in subsection (h) of this
Section;
(2) he or she has previously been convicted or placed
on probation or conditional discharge for any violent
offense under the laws of this State, the laws of any other
state, or the laws of the United States;
(3) he or she had a prior successful completion of the
First Time Weapon Offense Program under this Section;
(4) he or she has previously been adjudicated a
delinquent minor for the commission of a violent offense;
(5) (blank); or
(6) he or she has an existing order of protection
issued against him or her.
(b-5) In considering whether a defendant shall be
sentenced to the First Time Weapon Offense Program, the court
shall consider the following:
(1) the age, immaturity, or limited mental capacity of
the defendant;

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(2) the nature and circumstances of the offense;
(3) whether participation in the Program is in the
interest of the defendant's rehabilitation, including any
employment or involvement in community, educational,
training, or vocational programs;
(4) whether the defendant suffers from trauma, as
supported by documentation or evaluation by a licensed
professional; and
(5) the potential risk to public safety.
(c) For an offense committed on or after January 1, 2018
(the effective date of Public Act 100-3) whenever an eligible
person pleads guilty to an unlawful possession of weapons
offense under Section 24-1 of the Criminal Code of 2012 or
aggravated unlawful possession of a weapon offense under
Section 24-1.6 of the Criminal Code of 2012, which is
punishable as a Class 4 felony or lower, the court, with the
consent of the defendant and the State's Attorney, may,
without entering a judgment, sentence the defendant to
complete the First Time Weapon Offense Program. When a
defendant is placed in the Program, the court shall defer
further proceedings in the case until the conclusion of the
period or until the filing of a petition alleging violation of
a term or condition of the Program. A disposition of probation
is considered to be a conviction for the purposes of imposing
the conditions of probation and for appeal; however, a
sentence under this Section is not a conviction for purposes

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of this Act or for purposes of disqualifications or
disabilities imposed by law upon conviction of a crime unless
and until judgment is entered. Upon violation of a term or
condition of the Program, the court may enter a judgment on its
original finding of guilt and proceed as otherwise provided by
law. Upon fulfillment of the terms and conditions of the
Program, the court shall discharge the person and dismiss the
proceedings against the person.
(d) The Program shall be at least 6 months and not to
exceed 24 months, as determined by the court at the
recommendation of the Program administrator and with input
from the State's Attorney and defense counsel. The Program
administrator may be appointed by the Chief Judge of each
Judicial Circuit.
(e) The conditions of the Program shall be that the
defendant:
(1) not violate any criminal statute of this State or
any other jurisdiction;
(2) refrain from possessing a firearm or other
dangerous weapon;
(3) (blank);
(4) (blank);
(5) (blank);
(6) (blank);
(7) attend and participate in any Program activities
deemed required by the Program administrator, such as:

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counseling sessions, in-person and over the phone
check-ins, and educational classes; and
(8) (blank).
(f) The Program may, in addition to other conditions,
require that the defendant:
(1) obtain or attempt to obtain employment;
(2) attend educational courses designed to prepare the
defendant for obtaining a high school diploma or to work
toward passing high school equivalency testing or to work
toward completing a vocational training program;
(3) refrain from having in his or her body the
presence of any illicit drug prohibited by the
Methamphetamine Control and Community Protection Act or
the Illinois Controlled Substances Act, unless prescribed
by a physician, and submit samples of his or her blood or
urine or both for tests to determine the presence of any
illicit drug;
(4) perform community service;
(5) pay all fines, assessments, fees, and costs; and
(6) comply with such other reasonable conditions as
the court may impose.
(f-1) Upon the successful completion of the Program, a
defendant may submit an application for a Firearm Owner's
Identification Card upon receiving a court order demonstrating
completion of the Program. The Illinois State Police shall
issue a Firearm Owner's Identification Card to such person

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upon receiving a court order demonstrating completion of the
Program if the person is otherwise eligible to receive a
Firearm Owner's Identification Card. Nothing in this Section
shall prohibit the Illinois State Police from denying an
application for or revoking a Firearm Owner's Identification
Card as provided by law.
(g) There may be only one discharge and dismissal under
this Section. If a person is convicted of any offense which
occurred within 5 years subsequent to a discharge and
dismissal under this Section, the discharge and dismissal
under this Section shall be admissible in the sentencing
proceeding for that conviction as evidence in aggravation.
(h) For purposes of this Section, "violent offense" means
any offense in which bodily harm was inflicted or force was
used against any person or threatened against any person; any
offense involving the possession of a firearm or dangerous
weapon; any offense involving sexual conduct, sexual
penetration, or sexual exploitation; violation of an order of
protection, stalking, hate crime, domestic battery, or any
offense of domestic violence.
(i) (Blank).
(Source: P.A. 103-370, eff. 7-28-23; 103-702, eff. 1-1-25;
103-822, eff. 1-1-25; 104-398, eff. 1-1-26; 104-417, eff.
8-15-25.)