McHenry Times

The controversial SAFE-T Act is scheduled to go into effect on Jan. 1. Since its inception, the SAFE-T Act has received pushback from law enforcement, police unions and elected representatives, mainly Republicans. Over the past month, even Democrat state’s attorneys have joined the discussion and taken action to repeal the SAFE-T Act. As the discussion of the SAFE-T Act continues to be elevated before the election in November, state level candidates and elected leaders are calling attention to parts of the bill that affect law enforcement’s ability to do their job.

The Illinois Criminal Justice Information Authority (ICJIA) website states that the SAFE-T Act enacts extensive reform impacting many areas of the criminal justice system, including pre-arrest diversion, policing, pretrial, sentencing and corrections.

The most contested aspect of the SAFE-T Act is that it will eliminate cash bail in the state of Illinois. The bill noted it will be “presumed that a defendant is entitled to release on personal recognizance” and may be detained thereafter if they violate certain conditions listed in 725 ILCS 5/110-2.

Police 1 reported on some of the major provisions of the SAFE-T Act, those being: Restricts the use of force officers can use while pursuing an offender or making an arrest "if an officer reasonably believes the person can be apprehended at a later date." It will be illegal for law enforcement to "shoot a taser at someone’s back, pelvis and head." Currently it is a "recommended target" in all police officer training.

Body cameras will be made mandatory for all law enforcement agencies by 2025, "whether funding is made available." The Illinois attorney general will be able to impose a civil penalty against an individual officer – up to $25,000 for a first offense and $50,000 for a second offense. It will also "prohibit an officer from making a custodial arrest for Class B misdemeanors," including criminal trespass and window peekers. Instead of making an arrest, officers will be required to issue a citation and does not have the authority to remove a person from "private or public property" unless they are acting in a threatening manner.

Illinois State Sen. Craig Wilcox (R-McHenry) is offering a petition to halt the SAFE-T Act on his office's website. Wilcox’s website says it is “offering every Illinois resident an opportunity to weigh in now on this controversial bill, with hopes that we can convince Senate and House Democrats to repeal this dangerous legislation.”

“Within the 700 pages of the so-called SAFE-T Act are numerous new mandates that severely restrict how police officers may restrain and apprehend suspected perpetrators of crimes. In many instances, new mandates allow suspects to flee the scene entirely. The Act also puts limits on police officers’ ability to protect themselves while pursuing a crime suspect,” Wilcox said in a statement. “We must stop weakening law enforcement and limiting their ability to keep our streets and themselves safe. It’s no wonder there is a critical shortage of police officers right now. That’s why I favor a full repeal of the SAFE-T Act so we can start over and write real criminal justice reform that puts public safety at the center of any changes.”

Pritzker defended the elimination of cash bail, according to The Center Square. 

"We do not want someone in jail because they were arrested for a low-level crime like shoplifting to be sitting in jail for months or maybe even years," Pritzker said. "At the same time, someone who is a wealthy drug dealer, perhaps accused of murder and arrested, can show up with a suitcase full of money and get out of jail."

SafeWise's annual 2022 State of Safety survey found that only 42% of Illinois residents report feeling safe, while 64% reported feeling "high daily concern" for their safety. Thirteen percent of respondents reported experiencing gun violence firsthand, an increase from 8% the previous year. Mass shooting incidents in Illinois increased by 25% from 2020 to 2021.