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SB 2640

Electronic pollbooks; allow to include list of inactive voters when affidavit ballots are available.

2025 Regular Session Introduced by Jeff Tate

SB 2640 would create a narrow defense to aggravated battery for peace officers or General Assembly members responding to suspected mental health episodes, only if HB 3458 becomes l

Died In Committee
#elections
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Bill Summary · SB 2640

SB 2640 — Summary

Status: Died in Committee (104th General Assembly)
Introduced: March–April 2025 (filed March 13 / introduced April 1, 2025 by Sen. Andrew S. Chesney)
Subject: Criminal law / aggravated battery (note: bill metadata lists "Elections" and a different title; see “Notes” below)

Overview / Purpose

SB 2640 would have amended the aggravated battery provisions of the Illinois Criminal Code (720 ILCS 5/12‑3.05) to add a narrowly defined defense to aggravated battery in two circumstances:
- when a peace officer responded to a person who a reasonable officer could believe was having a mental health episode, and the person had a documented mental illness and acted abruptly; and
- when a member of the Illinois General Assembly responded to a similar incident (i.e., a reasonable person could believe the other person was having a mental health episode, the other person has a documented mental illness, and acted abruptly).

Crucially, the new defenses would apply only if House Bill 3458 of the 104th General Assembly (as introduced) becomes law — SB 2640 makes the change conditional on HB 3458.

Key Provisions and Changes

  • Amends Section 12‑3.05 (Aggravated Battery) of the Criminal Code of 2012.
  • Retains existing aggravated battery subsections (offenses based on injury, victim status, location, firearm use, etc.).
  • Inserts new subsection (d‑1): establishes a defense for a peace officer who interacted with a person reasonably believed to be having a mental health episode, provided the person has a documented mental illness and acted abruptly.
  • Inserts new subsection (d‑2): establishes a parallel defense when the individual battered is a General Assembly member who responded to a similar incident.
  • The amendments are expressly conditional: they take effect "if and only if" HB 3458 (104th GA, as introduced) becomes law.

Who Would Be Affected

  • Peace officers and members of the Illinois General Assembly — they could assert this specific defense in prosecutions for aggravated battery that arise from interactions with individuals believed to be experiencing mental health episodes.
  • Individuals with documented mental illness involved in such encounters (the statute identifies a specific factual scenario).
  • Prosecutors and defense attorneys when litigating aggravated battery cases that meet the described circumstances.

Procedural / Timeline Notes

  • Filed: March 13, 2025 (records show filings and referrals in March–April 2025; first reading occurred in early April 2025).
  • Referred to committee(s) including Health & Human Services (and records list an Elections referral as well).
  • Ultimately recorded as "Died In Committee" during the 104th General Assembly.

Potential Impacts and Considerations

  • Legal effect: creates a statutory defense (not necessarily full immunity) in narrowly defined circumstances; the bill text does not elaborate on burden of proof or whether the defense is affirmative — courts would resolve evidentiary and burden questions.
  • Public-safety and policy trade-offs: proponents might argue it protects officers/legislators who must make split‑second judgments responding to possible mental‑health crises; opponents could raise concerns about limiting accountability for use of force or creating ambiguity about when the defense applies.
  • Conditionality: because the change is tied to passage of HB 3458, SB 2640 would have no independent effect unless that related bill also became law.

Related Legislation

  • HB 5556 — listed as a companion (per provided record).
  • HB 3458 — SB 2640’s provisions are explicitly conditional on HB 3458 becoming law.

Notes on Metadata Discrepancies

  • The bill metadata included an alternate title about electronic pollbooks and elections, which does not match the statutory amendment text in the bill draft (which concerns aggravated battery defenses). The summary above reflects the actual text of SB 2640 as provided (amendments to 720 ILCS 5/12‑3.05). Legislative action dates in the record are inconsistent (multiple filing/reading dates listed); available records indicate activity in March–April 2025 and final disposition as died in committee.

Compiled from official sources — confirm details with the bill’s official record.

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