STATE’S ATTORNEY BURKE’S LEGISLATION ON FELONY GUN POSSESSION DIVERSION PROGRAM AND DOMESTIC VIOLENCE HEADS TO GOVERNOR’S DESK
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June 3, 2025
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STATE’S ATTORNEY BURKE’S LEGISLATION ON FELONY GUN POSSESSION DIVERSION PROGRAM AND DOMESTIC VIOLENCE HEADS TO GOVERNOR’S DESK
CHICAGO — Two bills championed by Cook County State’s Attorney Eileen O’Neill Burke are headed to the Governor’s desk after passing through both chambers of the General Assembly. This was the first legislative session since Burke assumed office last December, and these two initiatives will deliver needed reforms in two of her administration's priority areas: guns and domestic and sexual violence cases. The two measures are Senate Bill 1899, which allows first-time, nonviolent gun offenders to apply for a FOID card while participating in a court-approved diversion program; and House Bill 2690, which updates multiple Illinois sex crimes statutes to enhance protections for survivors of sexual assault and human trafficking. Both bills passed with bipartisan support.
“Both of these bills will make the criminal justice system work better for the people of Cook County by expanding commonsense options to victims who need more support and certain low-risk defendants who have taken tangible steps to follow the law,” State’s Attorney Burke said. “I thank our legislative partners who worked tirelessly to pass these measures for their continued support and collaboration in keeping our communities safe.”
Senate Bill 1899
Senate Bill 1899, sponsored by State Senator Elgie R. Sims Jr. (17th District – Chicago) and State Representative Justin Slaughter (27th District – Chicago), allows first-time, nonviolent offenders charged with a weapon-related offense to apply for a FOID card while they participate in a diversion program to promote compliance with FOID requirements. The legislation, supported by both the Illinois State Police and the Cook County Public Defender’s Office, will eliminate the lag time that historically occurred between an individual’s successful completion of a diversion program, such as the First Time Weapons Program, and their ability to apply for a FOID card, which is required for Illinois residents to legally own guns or ammunition.
The measure amends the Firearm Owners Identification Card Act and applies only to certain individuals: first-time offenders charged with a Class 4 felony, the lowest class of felony charges for weapons. Under Illinois law, residents must apply for and obtain a FOID card from the Illinois State Police, which oversees licensing and reviews all requests to ensure applicants are qualified. The measure does not apply to charges related to automatic weapons.
The State’s Attorney’s Office typically dismisses charges in nonviolent, straightforward licensing cases after an individual completes a diversion program. Participants, however, have not been able to submit their application for a FOID card until after the charges are formally dismissed. If signed into law, eligible first-time diversion program participants will now be able to apply for a FOID card while participating in a diversion program and receive their FOID card after completing their program, subject to ISP review.
All of the current requirements for lawful gun ownership remain the same, and ISP could deny any application if the person remains ineligible for a FOID card. Individuals remain subject to all background checks and regulations. About 2,000 people statewide typically complete a diversion program such as the First Time Weapons Program every year.
“Safety and responsible gun ownership are the cornerstones of this measure,” Sen. Sims said. “Nonviolent, first-time offenders who are eligible and willing to participate in a court-approved diversion program 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 places the responsibility to comply with the law where it belongs: on the individual.”
“This is a thoughtful approach to curbing gun violence that focuses on rehabilitation,” Rep. Slaughter said. “By eliminating excess hurdles and regulatory delays for otherwise law-abiding citizens, these changes will improve the process for people who have demonstrated a commitment to following the law and free up law enforcement resources for combating violent crime.”
This strategic fix allows the State’s Attorney’s Office to focus on stopping the most violent and reckless criminals from using automatic weapons and illegal weapons in Cook County. By streamlining the FOID application process for low-risk diversion program participants, law enforcement oversight is maintained and offenders can receive a structured pathway to facilitate more efficient compliance with the law.
House Bill 2690
House Bill 2690 updates multiple Illinois sex crimes statutes to reflect more modern family structures, replaces outdated terminology and definitions with more accurate language, extends protections for survivors of human trafficking, and expands services provided to witnesses. Taken together, these changes incorporate trauma-informed best practices and provide survivors more support and options as they navigate the criminal justice system.
The legislation was sponsored by State Representative Mary Beth Canty (54th District – Arlington Heights) and State Senator Cristina Castro (22nd District – Elgin) and advanced through both chambers with bipartisan unanimous support. The bill was initially introduced under previous administrations, but Burke made it a priority for advancement this year.
“Improving the safety of residents and protecting children and vulnerable people from exploitation is crucial for our communities to grow and thrive,” Rep. Canty said. “Building in more safeguards against grooming and extending the statute of limitations on charging this heinous offense are important steps toward building a more secure Illinois for our kids.”
“This legislation gives survivors of sexual assault, domestic violence, and exploitation, many of whom are children, more opportunity to seek justice after having to go through the unimaginable,” Sen. Castro said. “I commend State’s Attorney Burke for her steadfast commitment and effective leadership ushering this important bill across the finish line.”
Among other updates, the bill changes language in charging statues from “child pornography” to “child sexual abuse images,” which is a more accurate term that reflect the trauma such images inflict on victims. This update brings Illinois in line with other states, including Connecticut, Michigan, New Jersey, Pennsylvania, and Rhode Island, which have already done so.
The bill also amends the definition of “Family Member” in sex crimes cases to add siblings as potential offenders, as well as someone who may have authority over a child but has not resided in the home for six months, reflecting modern family structures. As part of expanded services to witnesses, the bill allows children and intellectually disabled people testifying in trials to use a facility dog on the stand subject to court approval, something that had previously only been available to victims.
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