Illinois Republicans are again calling for the repeal of recent changes to the state’s felony murder law following two incidents this week in which Cook County prosecutors chose not to push charges, citing changes to the statute.
On Wednesday, Cook County Assistant State’s Attorney James Murphy said that the law prevented him from charging 22-year-old Tayvon Powe with first-degree murder. On Tuesday, a Cook County grand jury similarly opted to not indict a man who shot and killed a bystander in an altercation.
The sweeping criminal justice reform package, the 2021 Illinois Safety, Accountability, Fairness and Equity-Today (SAFE-T) Act, 101-HB3653 (Slaughter) was crafted by the Illinois Legislative Black Caucus and signed into law by Gov. J.B. Pritzker in Feb. 2021. In addition to moving the state away from a cash bail system and requiring all law enforcement to use body cameras, the law narrowed the definition of who can be charged with felony murder, which in Illinois comes with a minimum sentence of 20 years.
According to Restore Justice Illinois “before the SAFE-T Act, Illinois had one of the broadest felony murder laws in the country. People were charged with first-degree murder when a police officer, store owner, or other third party killed someone. Some states don’t have felony murder laws, and in the majority of those that do, people can only be held accountable for deaths they or their co-defendants cause. The SAFE-T Act moved Illinois into that category.
Under the current law, a person can be charged with murder when they or their co-defendant directly cause the death but not when a third party kills someone.”
In a Tuesday press conference calling for a repeal of the change, House Republican Leader Jim Durkin (R-Burr Ridge) reiterated that the law needs to be repealed and claimed it was allowing criminals to run free without fear of repercussions.
“Changes to the felony murder law, pushed by delusional demagogues of the defund the police movement, have created a consequence-free environment for criminals in Illinois. … Most everyone in the state besides the Democrats who passed this law knew there were going to be horrific real-world consequences created by these poorly thought-out changes. People will be hurt, and now we are seeing it firsthand,” Durkin said Tuesday.
Following the second incident Wednesday, Illinois Republican Party Chairman Don Tracy released a statement.
“As violent crime surges across Chicago and bleeds into surrounding communities, we are now seeing the direct consequences of a Governor who prioritizes criminals over the safety of law-abiding Illinoisans. With each turn of the page, the SAFE-T Act reveals another way laws have been changed to give the advantage to criminals and make the job of protecting the public that much harder for law enforcement. We need to repeal the pro-criminal, anti-police SAFE-T Act immediately and elect a Governor who will make our communities safe again,” Tracy said in a statement.
Allison F. Richard
Legislative Consultant
