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Wednesday, July 30, 2025

Illinois Rep. Lapointe’s unfit misdemeanants diversion bill passes House and Senate

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Lindsey LaPointe, Illinois State Representative for 19th District | www.facebook.com

Lindsey LaPointe, Illinois State Representative for 19th District | www.facebook.com

Passed bill authored by State Rep. Lindsey LaPointe aims to divert misdemeanor defendants with mental illnesses from the criminal justice system into treatment programs and establish a task force to review trial fitness assessments, according to the Illinois General Assembly.

In the House, 74 Democrats and 37 Republicans voted in favor of the bill.

Meanwhile, in the Senate, 39 Democrats and 19 Republicans voted in favor of the bill.

Lapointe introduced the bill in the Illinois House on Feb. 7, 2025 during the 104th session.

The legislation, known as HB3572, was passed on May 30, 2025 during the general assembly session 104.

According to the Illinois General Assembly site, the legislature summarized the bill's official text as follows: "Amends the Code of Criminal Procedure of 1963. Adds a Diversion of Unfit Misdemeanants Article to the Code. Provides that a defendant charged with one or more misdemeanors and for whom a court has determined that a bona fide doubt of the defendant's fitness has been raised may be admitted into an unfit misdemeanant diversion program only upon the approval of the court. Provides that the Illinois Supreme Court or any circuit court of the State may adopt rules establishing unfit misdemeanant diversion programs consistent with the Article. Provides that the court shall require an eligibility screening and an assessment of the defendant to determine whether the defendant may be able to receive mental health services under the Mental Health and Developmental Disabilities Code which shall reasonably assure his or her safety and that of the public and his or her continued participation in treatment. Provides that if, following this screening, the State and the defendant agree to the diversion and the court determines that the defendant is appropriate for diversion, the criminal charges may be dismissed with prejudice. Provides that if the court does not approve, the court shall order a fitness examination and the matter shall be governed by any other relevant provisions of the Fitness for Trial, To Plead, or to be Sentenced Article of the Code. Provides that the misdemeanant diversion program may maintain or collaborate with mental health and substance use treatment providers necessary to provide a continuum of treatment options commensurate with the needs of the defendant and available resources. Treatment programs shall comply with all relevant statutes and rules. Requires the Department of Human Services to provide care to persons determined to be subject to involuntary admission on an inpatient basis as defined in the Mental Health and Developmental Disabilities Code or may make arrangements with any other appropriate inpatient mental health facility to provide those services. Makes conforming changes in the Fitness for Trial, To Plead, or to be Sentenced Article of the Code. Provides that the Act may be referred to as the Diversion of Unfit Misdemeanants Act."

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, this bill establishes the Diversion of Unfit Misdemeanants Act, aiming to divert certain misdemeanor defendants with mental illnesses from the criminal justice system into appropriate treatment programs. It amends the Code of Criminal Procedure of 1963 to allow courts to approve defendants for an unfit misdemeanant diversion program upon determining a bona fide fitness doubt. The bill encourages outpatient treatment, unless inpatient care is deemed necessary to prevent serious harm. It tasks the Illinois Supreme Court or circuit courts with establishing related diversion programs and mandates eligibility screenings for defendants to assess their suitability for mental health services. Additionally, it creates a Fitness to Stand Trial Task Force to review legal procedures for assessing defendants' trial fitness, with a report due by Nov. 1, 2026. The bill takes effect immediately upon becoming law.

The bill was sponsored by Rep. Maura Hirschauer (Democrat-49th District), Rep. Charles Meier (Republican-109th District), and Sen. Graciela Guzmán (Democrat-20th District), along with 10 other sponsors.

Bills in Illinois follow a multi-step legislative process, beginning with introduction in either the House or Senate, followed by committee review, floor debates, and votes in both chambers before reaching the governor for approval or veto. The General Assembly operates on a biennial schedule, and while typically thousands of bills are introduced each session, only a fraction successfully pass through the process to become law.

You can read more about bills and other measures here.

LaPointe graduated from Grinnell College in 2004 with a BA.

LaPointe, a Democrat, was elected to the Illinois State House in 2019 to represent the state's 19th House District, replacing previous state representative Robert Martwick.

Lawmakers listed as "Not Voting" were present for the vote but did not cast a vote. Those marked as having an "Excused Absence" were not present and formally provided a reason for their absence, which was accepted.

While the final vote determined the bill’s passage, lawmakers in both chambers held an additional vote related to a concurrence. This earlier vote is included below for context.

Senate Vote – Third Reading on HB3572 (May 22, 2025)

LegislatorPartyDistrictVote
Adriane JohnsonDemocrat30th DistrictYea
Andrew S. ChesneyRepublican45th DistrictYea
Bill CunninghamDemocrat18th DistrictYea
Celina VillanuevaDemocrat12th DistrictYea
Chapin RoseRepublican51st DistrictYea
Chris BalkemaRepublican53rd DistrictYea
Christopher BeltDemocrat57th DistrictYea
Craig WilcoxRepublican32nd DistrictYea
Cristina CastroDemocrat22nd DistrictYea
Dale FowlerRepublican59th DistrictYea
Darby A. HillsRepublican26th DistrictYea
Dave SyversonRepublican35th DistrictYea
David KoehlerDemocrat46th DistrictYea
Donald P. DeWitteRepublican33rd DistrictYea
Doris TurnerDemocrat48th DistrictYea
Elgie R. Sims, Jr.Democrat17th DistrictYea
Emil Jones, IIIDemocrat14th DistrictYea
Erica HarrissRepublican56th DistrictYea
Graciela GuzmánDemocrat20th DistrictYea
Jason PlummerRepublican55th DistrictYea
Javier L. CervantesDemocrat1st DistrictYea
Jil TracyRepublican50th DistrictYea
John F. CurranRepublican41st DistrictYea
Julie A. MorrisonDemocrat29th DistrictYea
Karina VillaDemocrat25th DistrictYea
Kimberly A. LightfordDemocrat4th DistrictYea
Lakesia CollinsDemocrat5th DistrictYea
Laura EllmanDemocrat21st DistrictYea
Laura FineDemocrat9th DistrictYea
Laura M. MurphyDemocrat28th DistrictYea
Li Arellano, Jr.Republican37th DistrictYea
Linda HolmesDemocrat42nd DistrictYea
Mark L. WalkerDemocrat27th DistrictYea
Mary Edly-AllenDemocrat31st DistrictYea
Mattie HunterDemocrat3rd DistrictYea
Meg Loughran CappelDemocrat49th DistrictNot vote
Michael E. HastingsDemocrat19th DistrictYea
Michael W. HalpinDemocrat36th DistrictYea
Mike PorfirioDemocrat11th DistrictYea
Mike SimmonsDemocrat7th DistrictYea
Mr. PresidentDemocrat39th DistrictYea
Napoleon Harris, IIIDemocrat15th DistrictYea
Neil AndersonRepublican47th DistrictYea
Omar AquinoDemocrat2nd DistrictYea
Patrick J. JoyceDemocrat40th DistrictYea
Paul FaraciDemocrat52nd DistrictYea
Rachel VenturaDemocrat43rd DistrictYea
Ram VillivalamDemocrat8th DistrictYea
Robert F. MartwickDemocrat10th DistrictYea
Robert PetersDemocrat13th DistrictYea
Sally J. TurnerRepublican44th DistrictYea
Sara FeigenholtzDemocrat6th DistrictYea
Seth LewisRepublican24th DistrictYea
Steve McClureRepublican54th DistrictYea
Steve StadelmanDemocrat34th DistrictYea
Sue RezinRepublican38th DistrictYea
Suzy Glowiak HiltonDemocrat23rd DistrictYea
Terri BryantRepublican58th DistrictYea
Willie PrestonDemocrat16th DistrictYea

House Vote – Third Reading on HB3572 (Apr 10, 2025)

LegislatorPartyDistrictVote
Aarón M. OrtízDemocrat1st DistrictYea
Abdelnasser RashidDemocrat21st DistrictYea
Adam M. NiemergRepublican102nd DistrictYea
Amy BrielDemocrat76th DistrictYea
Amy ElikRepublican111th DistrictYea
Amy L. GrantRepublican47th DistrictYea
Angelica Guerrero-CuellarDemocrat22nd DistrictYea
Ann M. WilliamsDemocrat11th DistrictYea
Anna MoellerDemocrat43rd DistrictYea
Anne StavaDemocrat81st DistrictYea
Anthony DeLucaDemocrat80th DistrictYea
Barbara HernandezDemocrat50th DistrictYea
Blaine WilhourRepublican110th DistrictYea
Bob MorganDemocrat58th DistrictYea
Brad HalbrookRepublican107th DistrictYea
Brad StephensRepublican20th DistrictYea
Bradley FrittsRepublican74th DistrictYea
Brandun SchweizerRepublican104th DistrictYea
Camille Y. LillyDemocrat78th DistrictYea
Carol AmmonsDemocrat103rd DistrictAbsent, excused
Charles MeierRepublican109th DistrictYea
Chris MillerRepublican101st DistrictYea
Christopher "C.D." DavidsmeyerRepublican100th DistrictYea
Curtis J. Tarver, IIDemocrat25th DistrictYea
Dagmara AvelarDemocrat85th DistrictYea
Dan SwansonRepublican71st DistrictYea
Dan UgasteRepublican65th DistrictYea
Daniel DidechDemocrat59th DistrictYea
Dave SeverinRepublican116th DistrictYea
Dave VellaDemocrat68th DistrictYea
David FriessRepublican115th DistrictYea
Debbie Meyers-MartinDemocrat38th DistrictYea
Dennis TipswordRepublican105th DistrictYea
Diane Blair-SherlockDemocrat46th DistrictYea
Edgar González, Jr.Democrat23rd DistrictYea
Elizabeth "Lisa" HernandezDemocrat2nd DistrictYea
Eva-Dina DelgadoDemocrat3rd DistrictYea
Fred CrespoDemocrat44th DistrictAbsent, excused
Gregg JohnsonDemocrat72nd DistrictYea
Harry BentonDemocrat97th DistrictYea
Hoan HuynhDemocrat13th DistrictYea
Jackie HaasRepublican79th DistrictYea
Jaime M. Andrade, Jr.Democrat40th DistrictYea
Janet Yang RohrDemocrat41st DistrictYea
Jason R. BuntingRepublican106th DistrictYea
Jawaharial WilliamsDemocrat10th DistrictYea
Jay HoffmanDemocrat113th DistrictYea
Jed DavisRepublican75th DistrictYea
Jeff KeicherRepublican70th DistrictYea
Jehan Gordon-BoothDemocrat92nd DistrictYea
Jennifer Gong-GershowitzDemocrat17th DistrictYea
Jennifer SanalitroRepublican48th DistrictAbsent, excused
Joe C. SosnowskiRepublican69th DistrictYea
John M. CabelloRepublican90th DistrictNot vote
Joyce MasonDemocrat61st DistrictYea
Justin SlaughterDemocrat27th DistrictYea
Kam BucknerDemocrat26th DistrictYea
Katie StuartDemocrat112th DistrictYea
Kelly M. CassidyDemocrat14th DistrictYea
Kevin John OlickalDemocrat16th DistrictYea
Kevin SchmidtRepublican114th DistrictYea
Kimberly Du BucletDemocrat5th DistrictYea
Kyle MooreRepublican99th DistrictYea
La Shawn K. FordDemocrat8th DistrictYea
Laura Faver DiasDemocrat62nd DistrictYea
Lawrence "Larry" Walsh, Jr.Democrat86th DistrictYea
Lilian JiménezDemocrat4th DistrictYea
Lindsey LaPointeDemocrat19th DistrictYea
Lisa DavisDemocrat32nd DistrictYea
Marcus C. Evans, Jr.Democrat33rd DistrictYea
Margaret CrokeDemocrat12th DistrictYea
Martha DeuterDemocrat45th DistrictYea
Martin J. MoylanDemocrat55th DistrictYea
Martin McLaughlinRepublican52nd DistrictYea
Mary Beth CantyDemocrat54th DistrictYea
Mary GillDemocrat35th DistrictYea
Matt HansonDemocrat83rd DistrictYea
Maura HirschauerDemocrat49th DistrictYea
Maurice A. West, IIDemocrat67th DistrictYea
Michael CrawfordDemocrat31st DistrictYea
Michael J. Coffey, Jr.Republican95th DistrictYea
Michael J. KellyDemocrat15th DistrictYea
Michelle MussmanDemocrat56th DistrictYea
Mr. SpeakerDemocrat7th DistrictYea
Nabeela SyedDemocrat51st DistrictYea
Natalie A. ManleyDemocrat98th DistrictYea
Nicholas K. SmithDemocrat34th DistrictYea
Nicole La HaRepublican82nd DistrictYea
Nicolle GrasseDemocrat53rd DistrictYea
Norine K. HammondRepublican94th DistrictYea
Norma HernandezDemocrat77th DistrictYea
Patrick SheehanRepublican37th DistrictYea
Patrick WindhorstRepublican117th DistrictYea
Paul JacobsRepublican118th DistrictYea
Regan DeeringRepublican88th DistrictYea
Rick RyanDemocrat36th DistrictYea
Rita MayfieldDemocrat60th DistrictYea
Robert "Bob" RitaDemocrat28th DistrictYea
Robyn GabelDemocrat18th DistrictYea
Ryan SpainRepublican73rd DistrictYea
Sharon ChungDemocrat91st DistrictAbsent, excused
Sonya M. HarperDemocrat6th DistrictYea
Stephanie A. KifowitDemocrat84th DistrictYea
Steven ReickRepublican63rd DistrictYea
Sue SchererDemocrat96th DistrictAbsent, excused
Suzanne M. NessDemocrat66th DistrictYea
Terra Costa HowardDemocrat42nd DistrictYea
Thaddeus JonesDemocrat29th DistrictYea
Theresa MahDemocrat24th DistrictYea
Tom WeberRepublican64th DistrictYea
Tony M. McCombieRepublican89th DistrictYea
Tracy Katz MuhlDemocrat57th DistrictYea
Travis WeaverRepublican93rd DistrictYea
Wayne A. RosenthalRepublican108th DistrictYea
Will GuzzardiDemocrat39th DistrictYea
William "Will" DavisDemocrat30th DistrictYea
William E HauterRepublican87th DistrictAbsent, excused
Yolonda MorrisDemocrat9th DistrictYea

House Vote – Concurrence on SCA0002 (May 30, 2025)

LegislatorPartyDistrictVote
Aarón M. OrtízDemocrat1st DistrictYea
Abdelnasser RashidDemocrat21st DistrictYea
Adam M. NiemergRepublican102nd DistrictNay
Amy BrielDemocrat76th DistrictYea
Amy ElikRepublican111th DistrictYea
Amy L. GrantRepublican47th DistrictNay
Angelica Guerrero-CuellarDemocrat22nd DistrictYea
Ann M. WilliamsDemocrat11th DistrictYea
Anna MoellerDemocrat43rd DistrictYea
Anne StavaDemocrat81st DistrictYea
Anthony DeLucaDemocrat80th DistrictYea
Barbara HernandezDemocrat50th DistrictYea
Blaine WilhourRepublican110th DistrictNay
Bob MorganDemocrat58th DistrictYea
Brad HalbrookRepublican107th DistrictNay
Brad StephensRepublican20th DistrictYea
Bradley FrittsRepublican74th DistrictYea
Brandun SchweizerRepublican104th DistrictYea
Camille Y. LillyDemocrat78th DistrictYea
Carol AmmonsDemocrat103rd DistrictYea
Charles MeierRepublican109th DistrictYea
Chris MillerRepublican101st DistrictNay
Christopher "C.D." DavidsmeyerRepublican100th DistrictYea
Curtis J. Tarver, IIDemocrat25th DistrictYea
Dagmara AvelarDemocrat85th DistrictYea
Dan SwansonRepublican71st DistrictYea
Dan UgasteRepublican65th DistrictNay
Daniel DidechDemocrat59th DistrictYea
Dave SeverinRepublican116th DistrictNay
Dave VellaDemocrat68th DistrictYea
David FriessRepublican115th DistrictYea
Debbie Meyers-MartinDemocrat38th DistrictYea
Dennis TipswordRepublican105th DistrictYea
Diane Blair-SherlockDemocrat46th DistrictYea
Edgar González, Jr.Democrat23rd DistrictYea
Elizabeth "Lisa" HernandezDemocrat2nd DistrictYea
Eva-Dina DelgadoDemocrat3rd DistrictYea
Fred CrespoDemocrat44th DistrictYea
Gregg JohnsonDemocrat72nd DistrictYea
Harry BentonDemocrat97th DistrictYea
Hoan HuynhDemocrat13th DistrictYea
Jackie HaasRepublican79th DistrictYea
Jaime M. Andrade, Jr.Democrat40th DistrictYea
Janet Yang RohrDemocrat41st DistrictYea
Jason R. BuntingRepublican106th DistrictYea
Jawaharial WilliamsDemocrat10th DistrictYea
Jay HoffmanDemocrat113th DistrictYea
Jed DavisRepublican75th DistrictNay
Jeff KeicherRepublican70th DistrictYea
Jehan Gordon-BoothDemocrat92nd DistrictYea
Jennifer Gong-GershowitzDemocrat17th DistrictYea
Jennifer SanalitroRepublican48th DistrictYea
Joe C. SosnowskiRepublican69th DistrictYea
John M. CabelloRepublican90th DistrictNay
Joyce MasonDemocrat61st DistrictYea
Justin SlaughterDemocrat27th DistrictYea
Kam BucknerDemocrat26th DistrictYea
Katie StuartDemocrat112th DistrictYea
Kelly M. CassidyDemocrat14th DistrictYea
Kevin John OlickalDemocrat16th DistrictYea
Kevin SchmidtRepublican114th DistrictNay
Kimberly Du BucletDemocrat5th DistrictYea
Kyle MooreRepublican99th DistrictNay
La Shawn K. FordDemocrat8th DistrictYea
Laura Faver DiasDemocrat62nd DistrictYea
Lawrence "Larry" Walsh, Jr.Democrat86th DistrictYea
Lilian JiménezDemocrat4th DistrictYea
Lindsey LaPointeDemocrat19th DistrictYea
Lisa DavisDemocrat32nd DistrictYea
Marcus C. Evans, Jr.Democrat33rd DistrictYea
Margaret CrokeDemocrat12th DistrictYea
Martha DeuterDemocrat45th DistrictYea
Martin J. MoylanDemocrat55th DistrictYea
Martin McLaughlinRepublican52nd DistrictAbsent, excused
Mary Beth CantyDemocrat54th DistrictYea
Mary GillDemocrat35th DistrictYea
Matt HansonDemocrat83rd DistrictYea
Maura HirschauerDemocrat49th DistrictYea
Maurice A. West, IIDemocrat67th DistrictYea
Michael CrawfordDemocrat31st DistrictYea
Michael J. Coffey, Jr.Republican95th DistrictYea
Michael J. KellyDemocrat15th DistrictYea
Michelle MussmanDemocrat56th DistrictYea
Mr. SpeakerDemocrat7th DistrictYea
Nabeela SyedDemocrat51st DistrictYea
Natalie A. ManleyDemocrat98th DistrictYea
Nicholas K. SmithDemocrat34th DistrictYea
Nicole La HaRepublican82nd DistrictYea
Nicolle GrasseDemocrat53rd DistrictYea
Norine K. HammondRepublican94th DistrictYea
Norma HernandezDemocrat77th DistrictYea
Patrick SheehanRepublican37th DistrictYea
Patrick WindhorstRepublican117th DistrictYea
Paul JacobsRepublican118th DistrictYea
Regan DeeringRepublican88th DistrictNay
Rick RyanDemocrat36th DistrictYea
Rita MayfieldDemocrat60th DistrictYea
Robert "Bob" RitaDemocrat28th DistrictYea
Robyn GabelDemocrat18th DistrictYea
Ryan SpainRepublican73rd DistrictYea
Sharon ChungDemocrat91st DistrictYea
Sonya M. HarperDemocrat6th DistrictYea
Stephanie A. KifowitDemocrat84th DistrictYea
Steven ReickRepublican63rd DistrictYea
Sue SchererDemocrat96th DistrictAbsent, excused
Suzanne M. NessDemocrat66th DistrictYea
Terra Costa HowardDemocrat42nd DistrictYea
Thaddeus JonesDemocrat29th DistrictYea
Theresa MahDemocrat24th DistrictYea
Tom WeberRepublican64th DistrictNay
Tony M. McCombieRepublican89th DistrictYea
Tracy Katz MuhlDemocrat57th DistrictYea
Travis WeaverRepublican93rd DistrictYea
Wayne A. RosenthalRepublican108th DistrictYea
Will GuzzardiDemocrat39th DistrictYea
William "Will" DavisDemocrat30th DistrictYea
William E HauterRepublican87th DistrictYea
Yolonda MorrisDemocrat9th DistrictYea

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