As the Chief Legal Officer in Vermilion County, I am compelled to infom those that I have sworn to protect that the proposals set forth in House Bill 3653, now Public Act 101-652 pose a serious threat to public safety, specifically, to victims of and witnesses to violent crimes in our community.
On January 10, 2021, Senator Sims affixed a 604-page amendment to HB 3653 that, in addition to sweeping changes to law enforcement operations, conduct, and use of force, also included the bulk of the bail modification provisions. At 3:00 a.m. on January 13, 2021, HB 3653 was amended again by Senator Sims, becoming 764 pages in length. During the debate in the Senate at approximately 4:30 a.m.
At 5:00 a.m., having had a little more than an hour to read the Bill, HB 3653 was called for a vote in the
Senate by the Democratic super-majority and passed. That same morning, HB 3653 was sent to the House, its chief House sponsor was changed to Rep. Slaughter, and assigned to the Rules Committee. It immediately passed out of the Rules Committee and received exactly the 60 votes needed to pass in the House, again, after less than an hour of debate HB 3653 was sent to Governor Pritzker on February 4, 2021, and he signed it on February 22, 2021.
The radical increase in the number of pages from the originally introduced bill to what is now Public Act 101-652 was not the only arresting difference. As evidenced by the synopsis of Senate Floor Amendment Number 2 to the bill, the range of issues covered by Amendment No.2 of HB 3643, also increased from the narrow issue of voter registration for incarcerated individuals to a wide range of issues, including, but not limited to: creation or modifications of at least seventeen (17) acts, task forces, criminal laws, and boards.
In short, this poorly drafted Bill containing ill-conceived directives is an effort to systematically dismantle law enforcement, which in turn would affect the integrity of every investigation, prosecution, and the safety of every citizen of our community. We must stand with the men and women of law enforcement who consistently stand up for us.
Therefore, I have filed a motion for declaratory judgement and injunctive relief in my official capacity as Vermilion County State's Attorney and on behalf of the People of the State of Illinois. As set forth in the attached complaint for Declaratory Judgment I am requesting the Court to find that HB 3653, now Public Act 101-652, violates Article I, section 8. I(a)(9); Article I, section 9; Article Il, section 1; and Article IV, section 8(d) of the Illinois Constitution of 1970 and declare the law null and void. I am also requesting a preliminary injunction to prevent the enforcement of any bail provisions in the Public Act 101-652 until the case can be fully litigated.
Honorable Jacqueline M Lacy, Vermilion County State 's Attorney
