Bill modifying Illinois diversion program for 1st-time nonviolent gun offenses ready for governor

[June 08, 2023]  By Greg Bishop | The Center Square

(The Center Square) – Gov. J.B. Pritzker could soon modify a diversion program for first-time nonviolent firearms offenses that would give younger defendants probation rather than prison.

Such a measure was first put into House Bill 676 as part of an omnibus gun control measure that never advanced. The policy stands alone in Senate Bill 424 and made it through both chambers with bipartisan support before lawmakers adjourned last month.

State Sen. Ram Villivalam, D-Chicago, said the program that started in 2017 has broad support.

“This legislation has no opposition, has a broad spectrum of support from gun violence prevention groups, criminal justice reform groups, the Illinois State’s Attorney Association, the Illinois Association of Police Chiefs,” Villivalam said.

State Sen. Steve McClure, R-Springfield, asked for specific data showing the program is successful, but no such data was provided.

“Wouldn’t it make sense to like study the program and have the numbers here to talk about success,” McClure said. “Wouldn’t that make sense like in any other field?”

McClure warned that the measure could compound the problem of violence with firearms.

"How many cases do you think that we're going to get over the next few years where somebody participating in this program and killed somebody," McClure said. "The question is not 'is this going to happen,' the question is 'how many cases is this going to happen.'"

Villivalam said the measure is about “ultimate local control.”

“This allows the chief judge and the state’s attorney in the county to decide whether someone in a first-time nonviolent gun possession situation should go to a diversion program and be on probation instead of prison,” Villivalam said.

McClure said there could be another motive with possible increased numbers of charges for nonviolent first-time firearms offenses if Illinois’ ban on semi-automatic guns and magazines is upheld by the courts.

“I suspect that people are more inclined to participate in this because of the recent gun bill where you’ve got a lot of law-abiding gun owners that are gonna potentially face criminal penalties,” McClure said.

The measure modifying the length of the program and lowering the age of eligible participants is queued to be sent to the governor’s desk.

Greg Bishop reports on Illinois government and other issues for The Center Square. Bishop has years of award-winning broadcast experience and hosts the WMAY Morning Newsfeed out of Springfield.