HB5251

What this bill does

Amends the Code of Criminal Procedure of 1963. Provides that a person accused of an offense does not have the right to a trial by jury if the offense is a petty offense with no penalty of imprisonment or mandatory driver's license suspension under the Illinois Vehicle Code or a local traffic ordinance if a court appearance is not required and the defendant waives his or her right to a jury trial by mail or electronic submission of a waiver request through an online system approved by either the Illinois Supreme Court or the local circuit court clerk. Provides that every person accused of an offense pursuant to the provision and entering a plea of not guilty may waive the right to a trial by jury and request a bench trial by submitting a jury waiver request in writing or such other form prescribed by the Illinois Supreme Court or a local circuit court by mail to the clerk of the circuit court in the county where the charge is pending or by electronic submission, through an online system approved by the Illinois Supreme Court or the local circuit court clerk. Provides that the jury trial waiver request under the provision shall include the name, mailing address, driver's license number, citation or complaint number, date of birth, and signature of the defendant. Provides that upon the receipt of a valid waiver request, the clerk of the court before which such request was made shall schedule the matter for a bench trial, enter the waiver into the court record, and the court may proceed with a bench trial without requiring the defendant to personally appear to execute the waiver. Provides that the waiver shall be deemed sufficient to satisfy the waiver requirements of the Code. Provides that the trial court may require the defendant to appear in court if necessary to confirm the validity of the waiver or for a show of good cause. Provides that nothing in the provision shall preclude the Illinois Supreme Court from adopting rules forms and procedures for the implementation of the provision. Makes other changes. Effective January 1, 2027.