* Rep. Jeff Keicher (R-Sycamore) filed HB4142 this week. Synopsis…

Amends the Criminal Code of 2012. Provides that a peace officer who reasonably believes that a person’s presence within 14 feet of the peace officer will interfere with the performance of the peace officer’s legal duties may warn the person not to approach or to remain within 14 feet of the peace officer. Provides that it is unlawful for a person, after receiving a warning not to approach from a peace officer who is engaged in the lawful performance of a legal duty, to knowingly or intentionally violate the warning and approach or remain within 14 feet of the peace officer with the intent to: (1) interrupt, disrupt, hinder, impede, or interfere with the peace officer’s ability to perform the peace officer’s duty; (2) threaten the peace officer with physical harm; or (3) harass the peace officer by interfering with the peace officer performing the peace officer’s duty. Provides that a violation is a Class A misdemeanor. Defines “harass”.

* I asked Rep. Keicher during a House Republican news conference earlier today if he consulted with law enforcement on his bill…

Keicher: I did reach out to law enforcement with the bill. I reached out to chiefs, I reached out to sheriffs of both parties. Reached out to our State’s Attorney’s office, reached out to the Sheriff’s Association, and [received] resoundingly positive feedback, and [they said] thank you for doing what you can to help protect our people that are being under attack, under siege, more and more.

* Later, during a short interview I asked Rep. Keicher why he chose 14 feet, when Florida has a 25-foot rule…

Keicher: Yeah, so if you look, there was a recent district court case from Indiana, and the Indiana statute had 25 feet. And if you think about it, 25 feet is almost too far. 14 feet is a little bit more of a reasonable distance. It’s really two body lengths away from any activity that’s happening. So kind of removes you from the danger zone, yet also close enough to monitor. So I was trying to kind of craft that in a delicate balance.

With Republicans in a super minority, this bill is dead on arrival. Rep John Cabello already tried a similar one this year and it went nowhere.

* Reporters Committee for Freedom of the Press last month…

A federal appeals court on Tuesday struck down an Indiana law that makes it a crime to approach within 25 feet of a law enforcement officer after being told to stop, finding the law unconstitutionally vague.

In a 21-page opinion, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit affirmed a district court’s ruling last year blocking the state from enforcing the police “buffer zone” law because it fails to specify what kinds of behavior by a journalist or other member of the public might prompt an officer to issue an order to stay back.

But Indiana lawmakers have since passed a new version and the ACLU was neutral. The Indy Star…

House Bill 1122 included a slightly more specific caveat: the buffer zone should only be enforced if a law enforcement official “reasonably believes that the person’s presence within 25 feet of the officer will interfere with the performance of the officer’s duties.”

The Seventh Circuit’s ruling on the 2023 law didn’t affect the 2025 iteration. And the Indiana branch of the American Civil Liberties Union – which, along with the Reporters Committee for Freedom of the Press, challenged the constitutionality of the first law in court – officially took “no position” on the 2025 law. But they warned the new version could still lead to serious issues.

“While the ACLU of Indiana continues to believe that 25 feet is too far to allow appropriate oversight by witnesses, we recognize that HB 1122 is a sincere effort to square the law’s original intent with constitutional requirements,” a post on the ACLU website reads. “… (But) we unfortunately expect it to be abused by a small number of officers around the state.”

* Rep. Keicher said he looked at the Indiana ruling when crafting his legislation…

Keicher: If you look at the language, we tried again in light of what was decided in Indiana, we tried to be very intentional about what those qualifications are that need to be met for the officer to trigger that. And I think that’s pretty well outlined in the bill.

* More from that interview…

Isabel: And then I know in Illinois statute it’s a misdemeanor to obstruct a police investigation, etc, is that something that officers have told you that they’re not able to enforce? I’m sort of confused on why this bill would be needed if it is obstruction, if officers feel like they’re obstructed, they can’t act on that?

Keicher: I don’t know that I have a good answer for that. Other than in the discussions, they really came out of the Indiana case. And when I saw that, and I had seen it before the appellate case was decided or the district case was decided, and in talking to law enforcement, it was in the midst of a lot of the crazy stuff that was going on with just people ganging up on police officers. And there were a couple incidents, I’m sure you’ve seen the video clips in Chicago where we had, you know, a lone officer who was being surrounded by a group, and it just inflamed, tension. So with specificity, obstruction is such a generic, this sets out specific parameters that allow them to have a distance specifically that says you gotta back up, you gotta stay out of this 14 foot zone, because here’s what I’m doing, and it sets out qualifications, as opposed to obstruction. That’s more of a generic umbrella.

* Meanwhile, during that same HGOP news conference, House Republican Leader Tony McCombie was asked what Gov. Pritzker should tell those who oppose ICE in Illinois…

Q: Instead of encouraging lawful protests and recording of public officials enforcing federal laws, what should the governor tell those who oppose ICE?

McCombie: I certainly don’t think they’re lawful protests when people are being arrested for federal charges so lawful is out the window. The governor should be telling people to cooperate, no different than when you get pulled over by a police officer for a traffic violation. Cooperate if you’re not a criminal, if you have nothing to hide, you’re not going to have any issues. He certainly shouldn’t be sending citizens into a problem area where they could be put at harm’s risk.

* Related…

* NPR | When police say ’stand back,’ these states say how far: Arizona passed the first such buffer zone law in 2022, and it specifically banned video-recording police from less than eight feet. The law was challenged and overturned, partially on First Amendment grounds. Since then, Indiana, Florida and Louisiana have all passed laws that set a distance, but don’t explicitly ban video.

* WUSF | Florida begins first prosecutions under controversial ‘Halo Law’: At least 11 people so far have been arrested on charges of violating the law, which bans people from being within 25 feet of a police officer, firefighter or paramedic at the scene of an incident, according to a statewide survey of the latest criminal violations by Fresh Take Florida. Those accused can face a misdemeanor charge if they stay after a verbal warning to get back. It outlaws behavior described as “conduct directed at a first responder which intentionally causes substantial emotional distress in that first responder and serves no legitimate purpose.”