Portion of SAFE T Act Found Unconstitutional

The bail portion of the SAFE T Act was found to be unconstitutional by Judge Cunnington. It’s reported by multiple news outlets that this only will effect counties that filed/joined the lawsuit. An appeal to challenge this ruling would have to be made to the Illinois State Supreme Court.

The judge did agree with the plantiffs that the states attorneys and sheriffs who filed suit had standing (a reason to file the lawsuit).

The judge agreed that it is allowable for the defendants (state of Illinois) to pass the law in the manner that it was passed (overnight in over 700 pages).

The many portions of the law that were passed was said to be a “legitimate single subject” (I.e. criminal justice) that had a “natural and logical connection” to the subject.

The judge conceded that:

“This court finds that the undisputed facts of this case, and the history of how the safety act was passed in the legislature confirmed that this act
was not read on three different days in each house as required by the Constitution.”

However the judge goes on to say:

“The Supreme Court has held that under the Enrolled Bill Doctrine, so long as the Speaker of the House, and the Senate President certified that the procedural requirements for passage have been met, that it is conclusively presumed that all procedural requirements for passage have been met.”

The judge also sided with the defendants saying the law is not vague.

Judges full ruling here:

Statement by Kankakee County States Attorney highlighting excerpts from the presiding judge on how no cash bail violates the Illinois Constitution:


About royfmc

BS in Environmental Engineering from Northwestern University's McCormick College of Engineering MBA from DePaul University's Kellstadt's College of Business JD from DePaul University's College of Law Website: www.attorneymccampbell.com
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