Page 28 - 01B_CL7_MAR20.indd

The law enforcement lobby in Springfield is working on educating how this caliber of legislation would have a neg- ative impact on law enforcement and, in turn, the safety and security law enforcement provides for people in the commu- nities. The effort needs to counter the thinking that apparent- ly wants to give the civil liberties of alleged criminals a more prominent position over the civil liberties of the rest of soci- ety.
“If (legislators) look at all the data being dissected and look at the arguments the ACLU is making, they will see that in- stead of making victims of alleged criminals, these bills would make victims of everybody in our society,” Donahue com- ments.
HB48, which proposes amending the Code of Criminal Pro- cedure of 1963 to provide that a peace officer shall not stop any person in a public place for a reasonable period of time when the officer reasonably infers from the circumstanc- es that the person is committing, is about to commit or has committed an offense as defined in the code, is perhaps ex- hibit A of what Donahue is describing.
HB49 might be even more disconcerting because it amends the Criminal Identification Act. The bill will provide that re- cords of charges that result in an acquittal or dismissal with prejudice, except for minor traffic offenses, may be imme- diately expunged after the final disposition of the case. This could keep information from a judge who might be setting bail without knowing the likelihood of a person being a repeat offender.
The onslaught on law enforcement continues with HB5352,
titled Cannabis Offense Expungement. This bill amends the Criminal Identification Act by modifying a section concern- ing expungement, sealing and immediate sealing. Specifi- cally, it defines cannabis offense (currently minor cannabis offense) to mean a violation of the Cannabis Control Act con- cerning any amount of any substance containing cannabis and provides for the expungement of cannabis offense-relat- ed records.
But legislation at the top of the law enforcement coalition watch list might very well be Senate Bill 1971, which carries the ominous title of Criminal Law-Penalties. This bill would:
• Amend the Counties Code with a change that would allow the Cook County State’s Attorney to opt out of of- fice-involved shooting cases.
• Increase the threshold amount of retail theft that en- hances the offense from a misdemeanor to a felony to $2,000. “The retailers are going crazy over that one,” Donahue submits.
• Amend the Cannabis Control Act, the Illinois Con- trolled Substances Act, the Drug Paraphernalia Control Act, the Methamphetamine Control and Community Protection Act and the Unified Code of Corrections to lower penalties for the manufacture, delivery, posses- sion with intent to manufacture or deliver and traffick- ing and possession of cannabis, controlled substances and methamphetamine.
• Make changes in eligibility for the Offender Initiative Program and the Second Chance Probation Program by increasing the maximum amount of sentence cred-
28 CHICAGO LODGE 7 ■ MARCH 2020