The Illinois Supreme Court upheld the Pretrial Fairness Act provision of the Safety, Accountability, Equity, Transparency-today Act, meaning that cash bail will be eliminated in Illinois in 60 days, a massive win for criminals.<\/p>\n
The elimination of cash bail in Illinois was set to go into effect on Sunday, January 1, 2023, but the state\u2019s highest court halted the reform.<\/p>\n
Democrats in Illinois passed a new law to\u00a0eliminate<\/a> the cash bail system. The new law aimed at reforming the state\u2019s criminal justice system.<\/p>\n This will result in the release on no bail while awaiting court date of those accused of certain felonies, such as \u201csecond-degree murder, aggravated battery, and arson without bail, as well as drug-induced homicide, kidnapping, burglary, robbery, intimidation, aggravated DUI, aggravated fleeing and eluding, drug offenses and threatening a public official.\u201d<\/p>\n Democrat Gov. JB Pritzker signed\u00a0HB 3653<\/a>\u00a0THE SAFE-T (Safety, Accountability, Fairness, and Equity- Today) ACT into law in February, saying \u201cTransforming the pretrial detention system so low-income people aren\u2019t thrown behind bars while only the wealthy walk free, diverting low-level drug crimes into substance-treatment programs and reducing excessive stays in prison.\u201d<\/p>\n Republican Mayor of Orland Park, Keith Pekau, said in a press conference earlier this year that this new law would deny victims their constitutional rights.<\/p>\n \u201cIt abolishes cash bail for almost every offense,\u201d Pekau said. \u201cThis includes, but isn\u2019t limited to, kidnapping, armed robbery, second-degree murder, drug-induced homicide, aggravated DUI, threatening a public official, and aggravated fleeing and eluding.\u201d<\/p>\n \u201cOffenders released on electronic monitoring have to be in violation for 48 hours before law enforcement can act. They can almost drive to Alaska before we can even look for them,\u201d he said.<\/p>\n \u201cIt denies victims their constitutional rights. And keep this in mind,\u00a0businesses and homeowners will no longer be able to remove trespassers from your residence or your businesses.<\/strong>\u00a0Someone could decide to live in your shed, and all we can do is give them a ticket. You have to decide what level of force is required to remove them and whether or not it\u2019s legal. This is a massive threat to the residents of Orland Park, Cook County in Illinois,\u201d Pekau warned.<\/p>\n Earlier this year, a Kankakee, Illinois County judge\u00a0ruled<\/a>\u00a0that parts of the Safety, Accountability, Fairness and Equity-Today, \u00a0SAFE-T Act,<\/a>\u00a0violate the Illinois\u2019 Constitution.<\/p>\n \u201cBecause, as the Illinois Supreme Court has determined, the administration of the justice system is an inherent power of the courts upon which the legislature may not infringe and the setting of bail falls within that administrative power, the appropriateness of bail rests with the authority of the court and may not be determined by legislative fiat,\u201d\u00a0Judge Cunnington wrote in his decision<\/a>.<\/p>\n On Tuesday, Illinois Supreme Court overturned the lower court ruling citing ending cash bail is constitutional.<\/p>\n \u201cThe Illinois Constitution of 1970 does not mandate that monetary bail is the only means to ensure criminal defendants appear for trials or the only means to protect the public,\u201d the court concluded. \u201cOur constitution creates a balance between the individual rights of defendants and the individual rights of crime victims. The Act\u2019s pretrial release provisions set forth procedures commensurate with that balance. For the reasons that we have stated, we reverse the circuit court\u2019s decision to grant summary judgment in favor of plaintiffs,\u201d according to the Supreme Court opinion in the case of Rowe v. Raoul.<\/p>\n Cash bail will be eliminated in Illinois starting on September 18, 2023.<\/p>\n Read the full opinion below:<\/p>\n \u00a0<\/p>\n The post INSANITY: Illinois Supreme Court Overturns Lower Court Ruling, Paving the Way for Elimination of Cash Bail on Felonies Including Second-Degree Murder, Drug-Induced Homicide, and Kidnapping<\/a> appeared first on The Gateway Pundit<\/a>.<\/p>","protected":false},"excerpt":{"rendered":" The Illinois Supreme Court upheld the Pretrial Fairness Act provision of the Safety, Accountability, Equity, Transparency-today Act, meaning<\/p>\n","protected":false},"author":0,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"nf_dc_page":"","om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_feature_clip_id":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_post_was_ever_published":false},"categories":[1],"tags":[],"class_list":["post-15154","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"yoast_head":"\n