House Republicans Wednesday asked Gov. J.B. Pritzker to veto recently passed legislation that makes significant changes to the state’s criminal justice system, including elimination of cash bail.
Republican Leader Jim Durkin (R-Burr Ridge) said that 101-HB3653 (Slaughter), which was passed by both the House and the Senate during the last days of the state’s lame duck session, was hastily approved and lacks the support of many in the criminal justice system.
“Elimination of cash bail in creating a presumption of individual recognizance in this form is misguided and will have an immediate negative effect on public safety. Public safety is the state's greatest responsibility to its citizens above all. The elimination of cash bail basically says that we respect the honor system for violent criminals and gang members,” Durkin said.
Durkin and Reps. Patrick Windhorst (R-Harrisburg) and David Friess (R-Red Bud) were joined by Joe Moon, President of Fraternal Order of Police Lodge #41. Moon said that he and other law enforcement members are not wholly opposed to parts of the bill, including sections requiring the use of body cameras and additional training for officers. However, he even those can become unfunded mandates on small agencies.
“The problem with this bill in that aspect is that it's not a one-size-fits-all [issue]. There are small agencies that can't afford the training -- can't afford the cameras. Cameras are a great thing; nine times out of 10, they're going to protect my officers and they will be exonerated of a lot of allegations based on their training and their ability to do their job,” Moon said.
He additionally said many of the provisions of the bill will hurt police morale, leading some that have reached retirement age to chose retirement over continuing to work.
Windhorst and Durkin said that they are interested in reforming cash bail and pre-trial sentencing so that defendants who cannot afford to make bail on non-violent charges are not detained unfairly.
However, they said that this bill would make it too easy for courts to allow violent offenders to walk free where they may re-offend, pointing to cases in Cook County and other states that have all or partly eliminated cash bail.
Durkin said he questions the mission of the Cook County State’s Attorney’s office after they supported the bill, given that he previously worked as a prosecutor in that office.
Durkin also commented on the recent cancellation of upcoming House meetings saying that he had spoken to House Speaker Chris Welch (D-Westchester) over the weekend. He said he was pleased that the Democratic caucus plans to work with Republicans to adjust House rules to allow remote committee meetings, but said that the Legislature still has the ability to meet in-person in a healthy and safe manner while the pandemic continues.
Allison F. Richard
Legislative Consultant
