Kendall County Times

State Rep. Mark Batinick (R-Plainfield) is weighing in on the state's attorneys' lawsuits to stop the SAFE-T Act on the basis that the legislation effectively amends the Illinois Constitution, which needs to be done through a ballot measure.

"Two state's attorneys have filed lawsuits over the SAFE-T Act for violating the Illinois Constitution," Batinick wrote in a Sept. 19 Facebook post. "For decades, Democrats in the General Assembly have ignored the measures put in place to ensure transparency in the lawmaking process, resulting in bad public policy like the SAFE-T Act. We have to restore checks and balances in state government to produce the best policies for Illinois."

Fox 2 News reported that Democratic state's attorney Jim Rowe of Kankakee alleges in his suit that the criminal justice reform legislation amends the Illinois Constitution, which can only legally be done via ballot measure. 

“The Safe-T Act has effectively violated this section of the Illinois Constitution without a referendum vote of the people,” Rowe said. “The legislature does not have that power.” 

Rep. Kam Buckner (D-Chicago) said the suit doesn't have a legal basis, "For all of these folks who are all of a sudden strict constitutionalists when it comes to the Illinois Constitution, I’ll remind them the death penalty is also in the Illinois Constitution." 

McHenry County State’s Attorney Patrick Kenneally has also filed a lawsuit over the legislation, calling the bill a "threat to public safety,” according to Lake & McHenry Scanner. The lawsuit also points to Article 4, Section 8 of the Illinois Constitution, which states that bills are required to "be confined to one subject.”

Will County's state's attorney  James W. Glasgow also filed a lawsuit over the SAFE-T Act, ABC Chicago reported. 

Gov. J.B. Pritzker has called the lawsuits a "weak attempt to protect the status quo that lets murders and abusers pay their way out of jail."

Much of the controversy over the bill has been focused on a provision that eliminates cash bail in the interest of pre-trial "fairness."

97ZOK News published a list circulating on the internet that claims starting Jan. 1, 2023, the following offenses will be considered "non-detainable": arson, burglary, aggravated battery, aggravated DUI, aggravated fleeing, drug-induced homicide, intimidation, kidnapping, robbery, threatening a public official, and 2nd degree murder.  The meme claims that people who are charged with those crimes will be released without bail.

Pritzker took to Facebook to deny these claims. 

"Misinformation spreads like wildfire, and there are ugly lies making the rounds about the SAFE-T Act," Pritzker posted. "This law does not mandate the release of defendants or create 'non-detainable offenses.' Defendants are eligible for pre-trial release based on their risk, not their bank accounts."

He posted a link to Central Illinois Proud which fact-checked allegations about the SAFE-T Act.

Supporters of the Safety, Accountability, Fairness and Equity-Today (SAFE-T) Act, including the Illinois Legislative Black Caucus, point to the legislation as a step toward making the justice system more equitable for minorities, Capitol News Illinois reported. Republicans have called the SAFE-T Act a “de facto defund the police bill" because of the additional regulations it places on police departments.

The General Assembly has a chance to repeal the bill during the fall veto session, which is scheduled for Nov. 15, 16, 17, 29, and 30, and Dec. 1.