(WAND)- Several State's Attorneys have now filed individual lawsuits against the SAFE-T Act.
Vermilion County State's Attorney Jacqueline M. Lacy filed her motion against the legislation on Sept. 27 requesting a court find that the SAFE-T Act is in violation of the Illinois Constitution and should be declared null and be voided.
A few days later Moultrie County State's Attorney, Tracy Weaver filed a motion on behalf of the People of the State of Illinois.
Most recently, Douglas County State’s Attorney Kate Watson and Sheriff Nathan Chaplin have partnered in filing a lawsuit on Wednesday, with hopes to overturn the controversial SAFE-T-Act from being implemented January 1, 2023.
“This is not about politics, it is about public safety," said Watson.
“It is my sworn duty as Douglas County Sheriff to protect the people of Douglas County,“ said Chaplin. “Criminal justice reform should not be at the expense of public safety. The SAFE-T Act was forced through at the 11th hour in lame duck session (in January 2021). Police and prosecutors were excluded from any type of negotiations. They forced this thing through and now we’re left with the fallout.”
Instead of focusing their attention to the Act's no cash bail portion, the Douglas County State's Attorney Office believes the Act has a lot more changes that will impact community safety, including pre-trial detention.
According to a lawsuit brought by Douglas County the Act itself is 764 pages, and will create, change or touch 40 different state statutes.
“The new law leaves many loopholes for violent offenders to be released. For instance, a first-time violent offender alleged to commit a felony crime is going to be released while awaiting trial, if a firearm was not used," said Watson, citing an example of an armed robbery suspect who used a knife or crowbar, as opposed to a handgun or rifle. “Risk to innocent civilians would no longer be a reason for a judge to detain someone who’s charged for the first-time offense of kidnapping, or for the first-time offense of burglary; even second degree murder, arson.”
“Officers are prohibited from making a custodial arrest for Class B misdemeanors, which includes criminal trespass and window peekers. Instead, an officer is required to issue a citation and has no authority to remove a person from private or public property unless they are being specifically threatening," said Sheriff Chaplin.
The lawsuit names Governor JB Pritzker, Attorney General Kwame Raoul, House Speaker Christopher Welch and Senate President Donald Harmon as Defendants.
The Douglas County State's Attorney Office states the lawsuit seeks injunctive relief based upon the Act violating the Illinois Constitution; violating the single-subject law; violating separation of powers; being unconstitutionally vague; and violating the three-readings requirement.
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