ILLINOIS (WAND) - State lawmakers may remove a protection for police officers who are accused of violating a person's civil rights. 

Right now in Illinois, if police violate someone's constitutional rights, there is very little chance they could sue the officer.

"Every police officer is entitled, everyone is entitled to qualified immunity, unless you as the plaintiff can prove that they violated what is called clearly established law," Peter Hanna, legal advisor for the ACLU of Illinois, told WAND News.

This means a person likely cannot pursue a civil case unless an identical case has already been heard before the Supreme Court.

"It would be very hard to be able to bring them into this profession to be able to make interpretations in split seconds on how to enforce the law," Sheriff Jim Root said.

Root said he's concerned removing qualified immunity would leave his deputies second guessing their every action.

"There would be no incentive for a deputy to enforce the law if it was open for interpretation, or if it puts you at liability of being sued," Root added.

Police advocates told WAND News officers are afraid someone could go after their home, or savings, in a civil lawsuit if this protection is removed.

"Police are very much afraid that some people want to go after their personal assets, maybe just for doing their job - that's the way the cops see it," Ed Wojcicki, the executive director of the Illinois Association of Chiefs of Police said. 

But the ACLU told WAND News Illinois law already requires departments to cover the cost of damages if someone wins a civil case against an officer.

"Ninety-nine point nine nine cents of every single dollar paid in a judgment against police for violating someone's rights is 100% compensation by the police departments or the municipalities," Hanna explained.

The ACLU wants to see qualified immunity removed so Illinoisans have the chance to take their case to court and have a judge and jury make the final decision.

"All this does is it says when someone violates your constitutional rights, you have a chance now to have a court actually decide it was a violation or it wasn't," Hanna added.

But police advocates worry stripping away another protection from officers will make it difficult for already short-staffed departments to attract new recruits.

"As long as the conversation continues about diminishing or getting rid of qualified immunity, you're going to see more cops leaving," Wojcicki explained.

House Bill 1727 is before the House Rules Committee.

WAND News will continue to follow this developing story.

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