I just heard a trailer bill passed both houses to “fix” some of the horrific issues with that disaster reform Bill. Has anyone heard anything?
UPDATE- thank you, Mike Cujo Palazzo for sharing this.
Improvements in the law (SAFE-T Act)
Body cameras
Removes the provision that said an officer cannot view his or own video before writing a report.
Removes the provision that makes it a felony to violate department policy on body cameras.
Improves the language (in our favor) about what would be a felony for violation of state law regard to use of body cameras. Must be intentional, willing, and a clear attempt to obstruct justice. Eliminates a felony offense for inadvertent mistakes or problems with cameras.
Clarifies that law enforcement agencies that are in universities, park districts, conversation districts, forest preserves, railroads, etc. (any agencies that are not municipal or county) have a mandatory date of January 1, 2025, for implementation of body cameras.
Use of force
Removes the ambiguous language about letting someone flee if they can be apprehended at a later date. The “apprehended later” idea was reinserted in a different place in the trailer bill, but in a different way that initially seems more palatable. We are continuing to review and discuss this.
Addresses the concern that it was unclear what an “imminent threat” might be when it comes to using deadly force, and removes the undefined idea that a serious crime must have “just” been committed. The word “just” has been removed from the law.
Chokeholds and tasers:
Addresses the definition of chokeholds and removes the provision that says you cannot target the back with a taser.
Most new training requirements: Now effective January 1, 2022, instead of July 1.
Obstructing and resisting officers:
Clarifies that you can arrest someone for obstructing without an underlying offense. Separates resisting from obstructing.
Major issues deferred (some for reasons we are OK with)
Citations instead of custodial arrests for Class B and C misdemeanors.
The sponsor understand our concerns, and we expect more negotiation before the effective date of January 1, 2023.
Three phone calls for person in custody. The negotiated language is improved but not part of the trailer bill. Implementation of this will be delayed until January 1, 2022, so that we can continue to discuss.
Decertification issues.
Effective January 1, 2022, so there is time to work on the outstanding critical issues.
Anonymous complaints.
We could not come to agreement with sponsors and advocates on modifying this issue, but allowing anonymous complaints is not effective until 2023, and so there is time.
Major issues not addressed
Funding for the body cameras and storage and funding for all training. Everyone knows it’s a major concern, but it is not addressed yet.
AG civil penalty for officers for pattern and practice violations. We believe these investigations and penalties should be directed at agencies and municipalities, not individual officers. We will continue to discuss this.
Summary
The Illinois Chiefs support the trailer bill. It addresses many of our serious concerns with the SAFE-T Act, and law enforcement will be much better off with these changes.
We remain concerned about unresolved and unaddressed issues, but in recent months we have strengthened a process of negotiating honestly and in good faith with legislators about criminal justice reform issues.
TO ILACP members: Please send your questions and concerns to ilacp@ilchiefs.org.
Respectfully released at 2 p.m. Monday, May 31, 2021
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