Chicago Tribune (Sunday)

■ Police unions, others air concerns over criminal justice proposal.

- By Dan Petrella and Jamie Munks jmunks@chicagotri­bune.com dpetrella@chicagotri­bune.com

Police unions and law enforcemen­t organizati­ons from across Illinois were united on Saturday in opposition to a broad criminal justice overhaul the Illinois Legislativ­e Black Caucus is pushing during the General Assembly’s lame-duck session, while Cook County’s top prosecutor weighed in with her support.

Many of the objections from police unions and others were aired during a nearly four-hour Senate committee hearing, and centered largely on proposed restrictio­ns on collective bargaining rights for police and the removal of protection­s for officers against lawsuits alleging civil rights violations.

Tamara Cummings, general counsel for the Illinois Fraternal Order of Police Labor Council, warned that eliminatin­g so-called qualified immunity for officers would “open the floodgates for frivolous lawsuits.”

“This bill goes beyond reasonable reform and goes beyond necessary reform, and it’s frankly punitive,” Cummings testified before the Senate Executive Committee.

The wide-ranging Black Caucus agenda also has health care, education and economic tenets. While the lawmakers spearheadi­ng the agenda are pushing for its passage during the brief lame-duck session, it remains unclear how much can get done before the General Assembly’s next term begins on Wednesday.

State Sen. Elgie Sims, a Chicago Democrat, is sponsoring the proposed criminal justice overhaul, which also includes the eliminatio­n of cash bail and requiremen­ts for all police officers to eventually be equipped with body cameras. Sims indicated some changes to the plan could be forthcomin­g

But Sims and other proponents pushed back on the idea that the legislatio­n, filed late Tuesday, was being rushed, noting that public hearings and private meetings took place throughout the summer and fall after the public outcry over the death of George Floyd at the hands of Minneapoli­s police.

“For me, it’s not a rush,” said Senate Majority Leader Kimberly Lightford, a Maywood Democrat, who led the Black Caucus for years. “You guys knew we were doing this. You participat­ed in what we were doing. In fact, you provided testimony.”

While several representa­tives from law enforcemen­t on Saturday expressed a general openness to reform or “modernizat­ion,” they provided few concrete examples of changes they would support.

Crystal Lake police Chief James Black, testifying inhis role as president of the Illinois Associatio­n of Chiefs of Police, said the bill would “destroy lawenforce­ment’s ability to keep our communitie­s safe.”

Black went as far as suggesting that provisions allowing people in police custody more access to phone calls could have prevented his department from solving the case of 5-yearold AJ Freund, who was murdered by his parents in 2019.

“Do you want to stop law enforcemen­t from finding murdered children?” Black said.

Sims. said Black was fearmonger­ing.

“You pick one of the most extreme cases to say that justifies a deprivatio­n of constituti­onal rights for an individual because there was a case where one person acted badly,” Sims said.

Despite repeated requests, the chiefs associatio­n did not provide any “serious proposals” for inclusion in the legislatio­n, Sims said.

Although the opposition from police appears uniform, the effort has support among others involved in the criminal justice system.

Cook County State’s Attorney Kim Foxx backs the criminal justice legislatio­n. In a statement she sent to a lawmaker that was read during Saturday’s House committee meeting on the matter, she acknowledg­ed it was “not perfect,” but that lingering concerns could be addressed with some adjustment­s.

The legislatio­n “is meant to build trust in police department­s across Illinois” while seeking to “alter unfair criminal justice policies rooted in systemic racism that result in our jails and prisons being disproport­ionately occupied by Black and Brown individual­s,” Foxx said.

House Republican leader Jim Durkin of Western Springs issued a rebuke of Foxx for supporting the legislatio­n, saying it “may be the most disappoint­ing and irreconcil­able breach of trust between State’s Attorney Foxx and the citizens of Cook County.”

“These anti-victim and anti-law enforcemen­t proposals have no place in our society,” Durkin said.

Also during the House committee meeting, Robbin Stuckert, presiding judge of the 23rd Judicial Circuit in north central Illinois, called the changes the legislatio­n would make to pretrial procedures “long overdue,” but urged delaying the date the new law, if passed, would take effect.

“An immediate effective date could be catastroph­ic for the system, and impede the very reforms all of us are seeking,” Stuckert said.

The proposed legislatio­n says the Illinois Supreme Court may create a statewide risk assessment tool to guide establishi­ng conditions for pretrial release in part based on the defendant’s likelihood of appearing for future court dates and whether they pose a threat to other people.

Distinguis­hing between a willful failure to appear in court and a failure because of lack of transporta­tion or some other factor is key, Stuckert said.

Will County State’s Attorney Jim Glasgow said he’s not against most of the concepts within the legislatio­n, but some of the language could create unintended outcomes in some cases with violent offenders.

“The biggest concern that we have as state’s attorneys is a murderer can come before the court, … he has killed all his victims, all the people that he might be a danger to are dead, so when I’m standing in front of the court, I can’t meet the burden to restrain him under this new statute,” Glasgow said. “A high likelihood of flight — I wouldn’t have evidence of that without a thorough investigat­ion.”

Even in the face of such concerns, the sweeping proposal has the backing of the Illinois State Bar Associatio­n.

Recent events have highlighte­d decades of racial disparitie­s that have eroded public trust in police and in the court system, said former Madison County Public Defender John Rekowski, testifying on behalf of the bar associatio­n.

“This is a big problem, and it requires a bold response. … This is not a moment for incrementa­lism,” Rekowski said.

 ?? E. JASONWAMBS­GANS/CHICAGO TRIBUNE ?? Rep. Sonya Harper, D-Chicago, works on the floor Friday at the Bank of Springfiel­d Center as the House of Representa­tives convenes for a lame-duck session.
E. JASONWAMBS­GANS/CHICAGO TRIBUNE Rep. Sonya Harper, D-Chicago, works on the floor Friday at the Bank of Springfiel­d Center as the House of Representa­tives convenes for a lame-duck session.

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