Will County Gazette

The heavily debated SAFE-T Act is set to go into effect on Jan. 1, 2023. Since its inception, the SAFE-T Act has received pushback from law enforcement, police unions and elected representatives, mainly Republicans. 

Over the past month, Democratic state’s attorneys have joined the discussion and taken action to repeal the SAFE-T Act. As discussions elevate before the election in November, state level candidates and elected leaders are calling attention to parts of the bill that affect law enforcement’s ability to do their job.

The ICJIA website states that the SAFE-T Act enacts extensive reform impacting many areas of the criminal justice system, including pre-arrest diversion, policing, pretrial, sentencing and corrections.

The most contested aspect of the SAFE-T Act is that it will eliminate cash bail in the state of Illinois. The bill noted it will be “presumed that a defendant is entitled to release on personal recognizance” and may be detained thereafter if they violate certain conditions listed in 725 ILCS 5/110-2.

Police 1 reported on some of the major provisions of the SAFE-T Act, including that it restricts the use of force officers can use while pursuing an offender or making an arrest "if an officer reasonably believes the person can be apprehended at a later date." It also will become illegal for law enforcement to "shoot a Taser at someone’s back, pelvis and head," noting that these currently are recommended targets in police officer training.

According to Police 1, body cameras will be made mandatory for all law enforcement agencies by 2025, "whether or not funding is made available." The report also states that the Illinois attorney general will be able to impose a civil penalty against an individual officer of up to $25,000 for a first offense and $50,000 for a second offense, and the law "prohibits an officer from making a custodial arrest for Class B misdemeanors," including criminal trespass and window peekers. Instead of making an arrest, officers will be required to issue a citation and do not have the authority to remove a person from "private or public property" unless they are acting in a threatening manner, according to Police 1.

“This law severely limits the decision-making ability of law enforcement when interacting with criminals, crippling their ability to effectively restrain and arrest perpetrators," State Senate candidate Philip Nagel, who opposes the SAFE-T Act, said. "Because of this law, officers will soon have a limited ability to protect themselves against criminals that are intent on injuring or killing them. By abstaining from this legislation, Sen. Joyce is endangering the safety of law enforcement. He should apologize to the brave men and women who serve our communities.”

Nagel is a veteran, former EMT/fireman and currently works as a migration specialist for a worldwide company. He is a lifelong resident of Will County striving to preserve an Illinois where the constitutional rights of citizens are respected and upheld, his website states.

Illinois Gov. J.B. Pritzker defended the elimination of cash bail, according to The Center Square.

"We do not want someone in jail because they were arrested for a low-level crime like shoplifting to be sitting in jail for months or maybe even years," Pritzker said. "At the same time, someone who is a wealthy drug dealer, perhaps accused of murder and arrested, can show up with a suitcase full of money and get out of jail."