PASSED IN FEBRUARY 2021 - TO GO INTO EFFECT - ON JANUARY 1, 2023
HB - 3653 - THE HOUSE BILL THAT WILL BRING CHAOS TO ILLINOIS.
WHAT COULD GO WRONG ? WHEN THE LEGISLATORS PASS A BILL THAT GOES INTO EFFECT AFTER THEIR NEXT ELECTION.
DO YOU THINK THIS WAS PLANNED?
LETS LOOK AT WHY THEY PLANNED THIS.
The Illinois Legislators passed sweeping reforms in HB - 3653. Most of the changes in the laws went into effect all ready. However, 4 main parts of the bill that goes into effect on January 1st 2023 are after the November Elections in 2022. The legislators decided that these portions of the bill will go into effect after their election.
CASH LESS BOND RELEASE.
ESCAPE IS NOT CONSIDERED ESCAPE FOR 48 HOURS.
RIGHT TO COMMUNICATE WITH THEIR FAMILY AND ATTORNEY WITH THEIR OWN PHONE.
A PERSON SHALL NOT BE ARRESTED FOR "RESISTING OR OBSTRUCTING A POLICE OFFICER IN THE LINE OF DUTY"
The Kane County States Attorney Jamie L. Mosser* has some STRONG feelings about HB - 3653. In a letter to the Illinois legislators he states many good reason why HB - 3653 should have not passed and signed by Governor J.B. Pritzker. In his open letter to the Governor and the State Legislators he describes 4 major issues that will effect all Illinois residents.
The Kane County States Attorney Jamie L. Mosser states:
CASH LESS BOND RELEASE.
Let me begin by saying that I am in favor of eliminating cash bail. If we are going to hold someone in custody, we should be doing so because they are a danger to the community or a flight risk. We should never hold someone in custody because they cannot pay the money. A wealthy murderer should remain in jail just as much as a poor murderer. However, the language that was drafted for this section prevents Judges from holding an offender with multiple DUI’s, drug dealers, and people who illegally possess or shoot guns when we can’t identify a threat to a person or persons. Again, this was written and not vetted by those of us who have advocated for our community and victims at bail hearings. I urge you to return the language as previously written that allows Judges to make the decision to deny pre-trial release based on the offense charged, prior criminal history, danger to the community, etc.*
The language added is that a person that escapes from electronic home monitoring cannot be charged with escape until 48 hours after the initial escape. I see no point to this language being added. If a defendant cuts off the EHM bracelet and leaves the home, that is escape. The amount of damage that can be done in that 48-hour time period is significant. Again, let’s put Page 5 of 5 this in the context of a defendant charged with Aggravated Domestic Battery for strangling his wife. This defendant cuts off his bracelet and sits outside of his wife’s home. The defendant comes back to his home 47 hours later. Nothing can be done to this defendant and the trauma to the victim is immeasurable. Since there appears to be no purpose to this law and the consequences to the safety of victims and our community great, I urge you to remove this language.*
RIGHT TO COMMUNICATE WITH THEIR FAMILY AND ATTORNEY.
While I agree with allowing a suspect to be able to have the opportunity to communicate with family and/or an attorney, the drafting of this language will impede investigations and have other unintended consequences. The 3-hour time limit and the granting of 3 phone calls seems arbitrary at best. What is the purpose of setting that time and that amount of phone calls? Would a suspect be allowed to randomly request the phone call at the beginning of every hour? Could the suspect use this to terminate the questioning by law enforcement? The language also states that the suspect should have access to their cellular phone. What does access mean? What happens if the phone is evidence of the crime? Does the officer have to give the phone to the suspect to use? Can the officer ask the suspect for the passcode for the phone to obtain the number that is needed? What if the defendant uses his three phone calls to contact the victim of the crime? Having prosecuted hundreds of domestic violence crimes, I can tell you that the majority of the defendants use their phone call to call the victim in an attempt to dissuade them from testifying. The fact that there are this many questions involving this portion of the bill and the fact that cases could be complicated by adding of this language shows that it needs to be removed in its entirety.*
WE NEED NEED TO HELP LAW ENFORCEMENT AND NOT ALLOW THIS TO HAPPEN.
Effective January 1, 2023 Underlying offense for obstructing. Adds the requirement that a person shall not be subject to arrest for “resisting or obstruction of a peace officer” unless “there is an underlying offense for which the person was initially subject to arrest.” Effective January 1, 2023 Citation in lieu of custodial arrest. Mandates that law enforcement shall issue a citation in lieu of custodial arrest, upon proper identification, for those accused of traffic offenses and Class B and Class C criminal misdemeanor offenses who pose no threat to the community or any person.
Effective January 1, 2023 Anonymous complaints. Allows any person to file with ILETSB an anonymous complaint against a police officer. Effective January 1, 2023 Bail reform. “Bail” gives way to “pretrial release.” Replaces all references to “bail,” “bail bond” or “conditions of bail” to be construed as “pretrial release” or “conditions of pretrial release.”Effective January 1, 2023 Eliminates monetary bail. • All persons charged with a criminal offense shall be eligible for pretrial release before conviction. Pretrial release may only be denied when a defendant is charged with a specific offense listed in Section 110-6.1 of the Criminal Code of 2012, or who has a high likelihood of willful flight, and after the court has held a hearing. Certain exceptions apply. • Requires consideration of safety of the crime victim*
CALL YOUR SENATORS AND REPRESENTATIVES..... DEMAND THAT THEY CHANGE THIS BILL.
LET THEM KNOW YOUR VOTE WILL BE YOUR VOICE IN NOVEMBER.
* from Kane County States Attorney JAMIE L. MOSSER's letter to Illinois legislators
SUBMITTED BY GEORGE WECKBACHER
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