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Field Representative’s Report
Officers who are victims of crimes have rights, too
I would like to wish all of you a Happy New Year. With all the tragedy we have endured in 2018, we have to believe the New Year will bring us a better year.
You may recall that I wrote in a previous article about officers who were the victims of an aggravat- ed battery. These officers worked with detectives who got felony upgrade charges approved, only to later find that the assistant state’s attorneys (ASA) had pled the charges down. The ASAs had done this
without conferring with the officers.
The most egregious example was when one of our fellow
members was bitten and had to go through the misery of tak- ing a cocktail of meds because the offender has HIV. He went through all of that, only to later have the ASA assigned to the case plea it out to a misdemeanor, never speaking to the officer prior to making the offer.
In an effort to ensure that this doesn’t happen to other offi- cers, Second Vice President Martin Preib and I have worked with a Lodge attorney to come up with a strategy to protect officers’ rights when they are victims.
A few years ago, Illinois enacted a statute to ensure that crime
victims have rights. As part of this bill of rights that was created, ASAs are required to consult with victims when engaging in plea bargaining. In order to ensure this right, it has to be asserted, and that is done by signing a form that the county is required to make available.
The Lodge has ascertained a copy of the county’s Victims’ Rights Assertion form. We have been going to the detective ar- eas, speaking with detectives and leaving copies of the form. Additionally, copies of the form are available on the Lodge’s website.
When an officer is the victim of an aggravated battery or as- sault, we are asking that a copy of this form be filled out by the officer, as well as that a copy be forwarded to the Lodge. We have created a database in order to follow these cases. If there becomes an issue, we can have a Lodge attorney advocate on your behalf to the court and demand remedies when ASAs fail to ensure your rights.
If you are involved in a situation where you are the victim and require help with ascertaining a copy of the form, or any other problem where you are the victim, please call the Lodge and ask to speak with either Martin Preib or me.
ROBERT BARTLETT
CHICAGO LODGE 7 ■ JANUARY 2019 13