HB3447 Summary

• Establishes Misdemeanor Diversion Program: Creates optional pre-trial diversion for eligible misdemeanor defendants (non-violent, no firearm possession, no pending felonies) who can be screened and referred to human services for assessment and treatment instead of prosecution.

• Reduces Controlled Substances Penalties: Lowers thresholds and penalties for possession of heroin, fentanyl, cocaine, morphine, LSD, and other Schedule I-II drugs by creating new Class 4 felony and Class A misdemeanor categories for smaller amounts.

• Reduces Methamphetamine Penalties: Changes possession of less than 3 grams from Class 3 felony to Class A misdemeanor; adjusts delivery and possession with intent to deliver penalties across multiple weight thresholds.

• Enables Retroactive Resentencing: Allows individuals currently serving sentences for offenses where statutory penalties were reduced to petition for resentencing under new, lower penalty ranges; requires prosecutors to petition for eligible incarcerated individuals.

• Expands Record Sealing: Adds misdemeanor diversion completion and certain reduced felony convictions as eligible for record sealing with no waiting period; clarifies expungement procedures and adds provisions for trafficking victims.