COOK COUNTY STATE’S ATTORNEY BURKE PROPOSES FIX TO DIVERSION PROGRAMS FOR FIRST-TIME, NONVIOLENT GUN OFENDERS
FOR IMMEDIATE RELEASE:
February 7, 2025
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sao.media@cookcountysao.org
COOK COUNTY STATE’S ATTORNEY BURKE PROPOSES FIX TO DIVERSION PROGRAMS FOR FIRST-TIME, NONVIOLENT GUN OFENDERS
Proposal would allow otherwise law-abiding citizens to obtain a FOID card upon successful completion of program
Established reformers Sen. Sims, Rep. Slaughter are carrying bills in their respective chambers
CHICAGO, IL – Consistent with her commonsense approach to public safety that focuses resources on violent crimes and illegal automatic weapons, Cook County State’s Attorney Eileen Burke announced today a new legislative proposal to provide meaningful opportunities for non-violent, first-time offenders to get into compliance with the law if they participate in a first-time gun crime diversion program. This program is only for individuals charged with a Class 4 felony, the lowest class of felony charge for weapons, and does not include any automatic weapons. Illinois law allows its citizens to carry handguns if they have a valid Firearm Owner’s Identification (FOID) card. This program provides otherwise law-abiding citizens without criminal history who were arrested because they failed to obtain a FOID card, a pathway to come into compliance with those licensing regulations.
“There is no higher priority for this office than getting illegal guns and the people who use them off the street, and we will use every resource at our disposal in that effort,” State’s Attorney Burke said. “At the same time, we must be smart about how we use our resources and how we impact people and communities. This bill will provide another tool to strike that important balance.”
An individual’s criminal history could preclude their participation and qualification for this program. Non-violent individuals charged with a first offense may be sent to a diversion program, such as the First Time Weapons Offense Program, and upon completion their charges will be dismissed. However, current law does not allow the individual to apply for a FOID card until after the charges are dismissed and in many cases the offender leaves the diversion program still without the necessary licensing to avoid being charged again despite successful completion of the program.
The changes were introduced this week by State Senator Elgie R. Sims Jr. (17th District – Chicago) in Senate Bill 1899, and State Representative Justin Slaughter (27th District – Chicago) in House Bill 3496. The proposal will allow eligible first-time diversion program participants to apply for a FOID card while participating in a diversion program and receive their FOID card after completing the program. All of the current requirements for lawful gun ownership remain the same, and the Illinois State Police could deny any application if the person remains ineligible for a FOID card.
“There are far too many guns in the hands of far too many people who have no business having them in our communities, and that should be our focus,” Sen. Sims said. “Nonviolent, first-time offenders who are eligible and willing to participate in a program centered on safety and responsible gun ownership should have the opportunity to obtain a FOID card rather than be subject to a cycle of gun charges that can derail their lives. This bill provides a valuable diversion opportunity while placing the responsibility to comply with the law squarely where it belongs: with the individual.”
“This bill is smart public safety reform that prioritizes education and legal compliance over punitive measures that lead to recidivism and the detrimental consequences that result from repeated interactions with the justice system,” Rep. Slaughter said. “I’m looking forward to working with State’s Attorney Burke to ensure that nonviolent offenders in our community have the opportunity to rehabilitate and comply fully with the law.”
This is the first bill Burke, who was sworn into office in December, has introduced to complement her internal policy changes requiring prosecutors to seek pre-trial detention for offenders charged with using machine guns, machinegun conversion devices (MCDs), switches, extended magazines, ghost guns, and other hard-to-trace firearms. Last week, she announced her office would seek prison time for all offenders convicted of similar gun offenses.
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