* Office of Executive Inspector General…
On June 13 and 21, 2019, the Office of Executive Inspector General (OEIG) received complaints alleging that after [IDOC Employee 1] ticketed an inmate for sexual misconduct, Lt. Adrian Corley required [IDOC Employee 1] and another employee to draw a picture of the incident on a fictitious IDOC form, which was then distributed and shown to other IDOC employees.1 The complaints alleged that following this incident, Pontiac Correctional Center staff harassed [IDOC Employee 1] and treated him differently based on his sexual orientation.
The evidence gathered in this investigation revealed that Lt. Corley created a fictitious IDOC form that was used to conduct pranks and haze newer employees at IDOC. In this instance, Lt. Corley’s intended target was his subordinate, [IDOC Employee 1], who had been working at IDOC for [Identifying Information Redacted]. On October 26, 2018, [IDOC Employee 1] encountered an inmate who put his genitals through the cell bars and was masturbating towards [IDOC Employee 1]. After [IDOC Employee 1] wrote the inmate a sexual misconduct ticket, Lt. Corley directed [IDOC Employee 1] to draw a picture of the incident and sign his name to the fictitious IDOC form. Unbeknownst to [IDOC Employee 1], this fictitious IDOC form was not part of IDOC protocol but instead was done for Lt. Corley’s and others’ amusement. The fictitious form was shared with an extensive number of other IDOC employees, including other Lieutenants, Majors, Assistant Wardens and the Warden, without anyone taking any timely action to stop the dissemination or correct the wrongdoing. In the months following the widespread dissemination of the form at Pontiac, [IDOC Employee 1] experienced numerous incidents of harassment, including anti-gay slurs, prank calls at work, graffiti with sexual connotations about him, and one incident in which a coworker pressed his body against [IDOC Employee 1]’s.
[IDOC Employee 1] repeatedly reported the harassment he experienced, to high-level managers at Pontiac, as well as to IDOC administrators. Although [IDOC Employee 1]’s written submissions detailing the prank and subsequent harassment were referred to IDOC’s Office of Affirmative Action, and specifically stated that [IDOC Employee 1] believed he was being harassed based on his perceived sexual orientation, Affirmative Action elected not to open an investigation, on the basis that no covered class had been established. While [IDOC Employee 1]’s complaints were pending with Affirmative Action, he was reassigned to duty in the towers, and the harassment continued. On multiple occasions he requested a hardship transfer to another IDOC facility, but those requests were denied, and he ultimately left IDOC employment.
Based on this investigation, the OEIG found that Lt. Corley and other Pontiac managers engaged in conduct unbecoming of IDOC supervisors; [IDOC Employee 1] was subjected to a hostile work environment at Pontiac, for which IDOC is responsible; a Pontiac Correctional Officer sexually harassed [IDOC Employee 1], the Warden mismanaged Pontiac Correctional Center, and the Affirmative Action Administrator committed misfeasance by failing to investigate [IDOC Employee 1]’s harassment complaints.
* The higher-ups helped create this culture…
Regarding the culture at Pontiac, Maj. Wheat agreed that some hazing is done to test [Identifying Information Redacted] and see what they are made of and build camaraderie, and added that the “teasing never ends.” […]
Maj. Cooper said that hazing has been going on at Pontiac for years, but that the incident with the Fictitious Form went “above and beyond” the “everyday” hazing because Lt. Corley took the time to create a form. He said that it was inappropriate for Lt. Corley to direct [IDOC Employee 1] to complete the Fictitious Form. When asked if, as a higher-ranked officer than Lt. Corley, he had a duty to report the inappropriate conduct, Maj. Cooper said, “I’d probably say we all have a duty to do that.” However, Maj. Cooper said he never had any discussions with Lt. Corley about the impropriety of his actions, other than that the group in the Shift Commander’s office on October 26, 2018 might have told Lt. Corley that he was stupid. Maj. Cooper said he did not recall Warden Kennedy attempting to stop the spread of the Fictitious Form. […]
Asst. Warden Ruskin said she did not know who [IDOC Employee 1] was at that time, and that when she saw the Fictitious Form she laughed and thought it was funny that [Identifying Information Redacted] would fall for a prank like that.
Asst. Warden Ruskin said that news of the prank “went like wildfire,” and that it was “probably considered the most epic prank in Pontiac history.” […]
Asst. Warden French said that he thought the Fictitious Form was just a prank, but that in hindsight he should have talked to Lt. Corley or imposed discipline. […]
In her interview, Warden Kennedy recalled seeing the Fictitious Form for the first time in a text message when she was at a sporting event on a Saturday, and believes she may have received the text message from Asst. Warden Ruskin; she said she did not recall any dialogue about the image at that time.56 She acknowledged in her interview that it was not an official IDOC or Pontiac form. However, Warden Kennedy said she did not pay too much attention to it when she received it, and said that it “probably struck [her] as funny” because of the exaggerated male genitalia on the image.
* It wasn’t funny to the employee…
[IDOC Employee 1] told OEIG investigators that after the Fictitious Form was circulated throughout Pontiac, he experienced multiple harassing incidents at work, and that he submitted multiple incident reports and memoranda about them. He also submitted multiple requests to transfer to another facility, based on hardship. […]
[IDOC Employee 1] said that on one occasion, when he was leaving at the end of a shift, he was between the locked Gate 3 doors waiting for them to open, when [IDOC Employee 27] approached him from behind on [IDOC Employee 1]’s left side. He said [IDOC Employee 27] said, “hey [IDOC Employee 1]” in a lower- toned voice, then pressed his torso against the left side of [IDOC Employee 1]’s body, and touched his ([IDOC Employee 27]’s ) genitals against [IDOC Employee 1]’s left hand. [IDOC Employee 1] said [IDOC Employee 27] whispered, “do you want to draw this one?” into his ear. [IDOC Employee 1] said that this contact was unwelcome and unwanted, and that he immediately moved away from [IDOC Employee 27] . He said that another officer was also waiting for the gate to open, and asked [IDOC Employee 27] why he was standing so close to [IDOC Employee 1], and then [IDOC Employee 27] moved away from him.35 [IDOC Employee 1] described another incident, in which he heard someone shout from the East Catwalk, “[IDOC Employee 1]’s a fag,” so that inmates and other employees would have been able to hear; [IDOC Employee 1] said he did not see the person, but recognized the voice as [IDOC Employee 27] ’s. […]
[IDOC Employee 1] said that after he filed complaints against Lt. Corley, he was segregated from other Pontiac staff and inmates by being continuously assigned to Tower 21. He said that while he was working in Tower 21, he received many harassing telephone calls, which he said sounded like were [IDOC Employee 27] ’s voice. OEIG investigators obtained copies of [IDOC Employee 1]’s multiple incident reports dated November 24, 2018. The reports stated that [IDOC Employee 1] had received multiple calls that day in Tower 21, including calls in which the callers asked, “Are you done fingering your b*tthole yet?,” referred to him as a “f*ggot *ss b*tch,” and said, “I’m not f*cking with you.” […]
[IDOC Employee 1] also described several incidents of graffiti at Pontiac, which contained sexual references to him. He said he observed that someone had written on a refrigerator in Tower 20: “[IDOC Employee 10] wants [IDOC Employee 1] to call him and do butt stuff,” and that the name “[IDOC Employee 10]” was crossed out and “[IDOC Employee 21]” was written in. [IDOC Employee 1] said he saw [IDOC Employee 21] standing in front of the refrigerator, and then a short time later he observed that the name “[IDOC Employee 21]” had been crossed out and “[IDOC Employee 10]” was written in again. [IDOC Employee 1] said that he also observed that someone had written on the West Tower wall: “[IDOC Employee 10] wants to eat [IDOC Employee 1]’s tiny little butt hole.”
Investigators obtained copies of [IDOC Employee 1]’s two incident reports, which were dated March 18, 2019, described each incident of graffiti, and indicated that [IDOC Employee 1] observed both incidents on that date. The OEIG also obtained copies of photographs taken of the graffiti. The incident reports and the photographs were consistent with [IDOC Employee 1]’s description of the graffiti incidents in his interview.
* IDOC’s Office of Affirmative Action Administrator Fernando Chavarria was no help at all…
Mr. Chavarria said that as a result of [IDOC Employee 1]’s refusal to name a covered class in the interview, he made the decision to refer the complaint to Internal Affairs. Mr. Chavarria initially said that a complainant had to say the “magic words” in order for Affirmative Action to open an investigation, that is, the complainant had to tell him that he or she is in a specific covered class or is alleging sexual harassment.
Except, the employee’s statement included the phrase “sexual orientation.” And then there was this…
Mr. Chavarria was asked if he reviewed [IDOC Employee 12]’s report of her interview of [IDOC Employee 1], documenting that [IDOC Employee 1] had stated, among other things, that:
• on one occasion, [IDOC Employee 27] got “real close” to [IDOC Employee 1] and asked “Do you want to draw this one?”;
• [IDOC Employee 1] heard someone yell “[IDOC Employee 1] is a f*g” from the East Catwalk, and received calls referring to him as a “f*ggot *ss b*tch”; and that
• he felt like a target because of his perceived sexual orientation, and that he felt harassed and that it was making a hostile work environment.
Mr. Chavarria said that he did not catch the above statements in [IDOC Employee 12]’s interview report and memorandum to him, and added, “bad one on me”; however, he said he still would have needed [IDOC Employee 1] to want Mr. Chavarria to use that information as a covered class.
* From the Inspector General’s analysis…
Prisons are already difficult and dangerous working environments, where staff face challenges posed by inmate misconduct on a daily basis. It is entirely unacceptable that staff at Pontiac Correctional Center also suffer mistreatment at work by their own coworkers and supervisors, due to the unprofessional working environment that flourishes there.
* The warden…
As Warden, Teri Kennedy was responsible for setting a professional tone at Pontiac, and promoting a working environment that ensured that all of her staff could successfully meet the significant challenges of their jobs. Instead, she turned a blind eye to a culture where pranks and sexual jokes were commonplace, and that apparently allowed virtually the entire upper management at the facility to think such behavior by some staff at the expense of others was acceptable.
* Affirmative Action Office…
Even accepting Mr. Chavarria’s erroneous view that an Affirmative Action investigation is not warranted unless a victim explicitly states “magic words” such as “sexual orientation,” the information provided to his office did exactly that. Affirmative Action should have opened and conducted an investigation to determine whether [IDOC Employee 1]’s allegations were substantiated, but Mr. Chavarria failed to do so. Nearly six months elapsed between Warden Kennedy’s initial referral of [IDOC Employee 1]’s complaints to Affirmative Action on November 28, 2018, and [IDOC Employee 11]’s reopening of her investigation after Mr. Chavarria declined to open an Affirmative Action investigation, and during that time [IDOC Employee 1] continued to experience harassment at Pontiac. It is difficult to understand what purpose the Office of Affirmative Action serves if its staff do not recognize allegations received of harassment based on a covered class or are allowed to ignore such allegations unless a victim verbally states the “magic words.”
* Recommendations…
Based on these findings, the OEIG recommends that Lt. Corley, Asst. Wardens French and Ruskin; Majs. Cooper, Prentice, Shelton, and Wheat; [IDOC Employee 27]; and Warden Kennedy be disciplined up to and including discharge, along with any other personnel IDOC determines to have engaged in similar misconduct regarding these incidents. The OEIG further recommends that IDOC remove Mr. Chavarria from his role pertaining to Affirmative Action matters, and train all Office of Affirmative Action staff on their obligations under the Administrative Directives. The OEIG also recommends that IDOC implement written procedures or formal practices governing hardship transfer requests.85 Finally, the OEIG recommends that the current Pontiac administration take any and all necessary steps to promote a professional working environment and culture for all staff who work there, and to ensure that any future similar misconduct is immediately addressed and eradicated.
A house cleaning is most definitely in order here. And, by the way, I only hit the high points. There’s more.
I have asked the governor’s office for a response.
*** UPDATE *** From IDOC…
“This behavior is entirely unacceptable and IDOC took the most severe disciplinary action possible against involved employees, including senior leadership. This included terminating multiple employees. IDOC takes this matter extremely seriously and has brought in new leadership at Pontiac and retrained the affirmative action unit on conducting thorough investigations to build an inclusive and supportive environment for all employees moving forward.”
Background:
Ruskin-terminated 3/16/2021
French-terminated 3/16/2021
Prentice – Pursued termination, Discharge reversed via the grievance process; retired in lieu of return on 10/31/2021
Shelton- Pursued termination, Discharge reversed via the grievance process; served 25 day suspension
Chavaria- served 30 day suspension; resigned 8/31/2021
Kennedy- retired prior to termination 12/31/2020
Wheat – Retired prior to discipline 6/30/2020
Cooper – Pursued termination; Retired 11/30/2021
The affirmative action unit investigates harassment and discrimination under Title VII of the Civil Rights Act, the Age Discrimination in Employment Act and the Americans with Disabilities Act. They also investigate sexual harassment and evaluate requests for reasonable accommodations. Additional trainings served to reinforce knowledge and skills related to conducting investigations in as thorough a manner as possible.
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Sen. Barickman to step down
Monday, Dec 5, 2022 - Posted by Rich Miller
* Press release…
State Senator Jason Barickman (R-Bloomington) released the following statement announcing his retirement from the Illinois Senate.
“I have chosen to retire from the Illinois Senate, effective at the end of my current term, which expires on January 10, 2023.
“I have now served in the Illinois House and Senate for twelve years. My oldest son was born during the final days of my first legislative session, which quickly taught me about the sacrifices that would burden my family as I chose to serve. Those who know me are well aware of the priority I have continually attempted to place on my family. However, my other obligations have only increased, bringing further sacrifices. Throughout my time in the legislature, I have also had the honor to work as a full-time attorney, an adjunct college professor, and more recently as a partner in a real estate company that has grown much faster than I could have hoped for.
“Kristin and I have been blessed with a growing family, and our children deserve more of my time, attention, and involvement. My children are at special ages when parental involvement is critical, and I owe them my best attempt to make them the priority they deserve to be. However, for too long, Kristin and our kids (Augie, 11; Wally, 9; and Lia, 5) have tolerated a father who has had more obligations than time. I want to now give them more of me and am looking forward to getting more of them. My mom, dad and brother have also supported me at every turn. Now is a chance for me to give them more of my time as well.
“At the same time, the wonderful people of the 53rd Senate District need a representative who can make them the priority they deserve to be. Representing central Illinois, first in the House and then in the Senate, has been an incredible honor and privilege which I have never taken for granted. During my time in office, I have had the opportunity to play a role in historic changes in our state. My passion has been to serve as an independent voice in favor of limited and responsible governance for our State. I’ve tried to demonstrate that there is space for independent and thoughtful representation, even in our increasingly polarized political climate. Solving problems legislatively, and just as importantly, working to address constituent issues, has given me an opportunity to prove that our government, as frustrating as it can be, can actually still work.
“Throughout my career in public service, Kristin and I have met countless individuals who have become and will remain our closest friends. I am especially grateful to my colleagues in the Senate, and to the incomparable staff on whom we all rely. Kristin and I will be forever blessed by the kindness and friendship shown by far too many people to name here.
“What’s next for me includes more time with my kids - fishing, outdoor activities, traveling, participating in their activities, shuttling them around, and hopefully avoiding many of the phone calls, meetings and conflicts that have too often pulled me away from my family.
“I am announcing my retirement now to give the Republican Party leadership in my district time to fill this vacancy so that a new Senator can be seated at the inauguration of the new 103rd General Assembly in January 2023. I am very excited for this next chapter of my life to begin, and I wish nothing but success for the next Senator to represent the 53rd District. May God bless Illinois.”
…Adding… Press release…
On December 5, State Senator Jason Barickman (R-Bloomington) announced he will step down from the Illinois Senate at the completion of the 102nd General Assembly on January 10, 2023. Upon learning of Sen. Barickman’s decision to retire, Senate Republican Leader-Elect John Curran issued the following statement:
“I spoke with Senator Barickman and wished him the very best as he leaves the Illinois Senate after 12 years of distinguished service. The Senator has been an instrumental voice and advocate for the 53rd Senate District in Central Illinois.
“Senator Barickman has been a fierce advocate for his constituents on a variety of important issues and has always led with a respectful tone and a willingness to reach across the aisle and work collaboratively.
“As a father myself, I admire his commitment to his family and wish them tremendous happiness.”
…Adding… Press release…
In response to Senator Jason Barickman’s announcement that he is retiring from the Illinois Senate at the end of his current term, Senate Republican Leader Dan McConchie issued the following statement:
“While we’ve been colleagues since 2016, it wasn’t until the summer of 2017 that I really had the opportunity to get to know Senator Barickman as partners in negotiations over school funding reform. During those long days and nights, I observed firsthand just how privileged the state has been to have him in elected office.
“Senator Barickman possesses a unique mix of traits. When dealing with a legislative adversary, he is committed to his philosophical worldview while simultaneously being a reasonable voice with the ability to bargain. In committee and on the Senate floor, he is a strong debater while maintaining a collegial demeanor and the ability to further relationships across the aisle. Behind the scenes, he always looked for opportunities to selflessly advance the interests of the state while ensuring he was taking care of his constituents at home. He has a keen sense of the political dynamic in Illinois and knew where the Republican Party should be going so it could best serve the people.
“In short, Senator Barickman was never simply a politician, but a statesman. The Illinois Senate will miss his presence and his impact on our great state.”
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Live coverage
Monday, Dec 5, 2022 - Posted by Isabel Miller
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Afternoon roundup
Friday, Dec 2, 2022 - Posted by Rich Miller
* US Rep. Underwood turned 36 a couple of months ago. Here’s Lynn Sweet…
Rep. Lauren Underwood, D-Ill., poised to start a third term after a big November win, was elected to a spot in House Democratic leadership Thursday, the first Black female to win an elected position on the team since Rep. Shirley Chisholm, D-N.Y., back in the 1970s.
Underwood snared one of three co-chair positions on the House Democratic Policy and Communications Committee, known as the DPCC. Other winners in the field of seven who sought the posts were Rep. Veronica Escobar, D-Texas., and Rep. Dean Phillips, D-Minn.
Underwood is now on a path paved by Chisholm, who in 1969 became the first Black woman in Congress, embracing a motto that became famous — “unbought and unbossed.” Underwood often cites Chisholm, who ran for president in 1972, as a role model. From 1977 to 1981, Chisholm was secretary of the Democratic Caucus — and that’s the last time, Underwood noted, that a Black woman was in an elected position — not appointed — at the House leadership table.
More from Lynn’s story…
The centrist New Democrat Coalition in the House on Thursday elected Rep. Brad Schneider, D-Ill., of Highland Park, to be a vice chair and freshman Rep.-elect Nikki Budzinski, D-Ill., from Springfield, to be the representative of the freshmen members who joined the group.
* Bummer…
She did better than Rep. Jackson, though…
There are 74 members of this year’s freshman class, but Rep.-elect Jonathan Jackson of Illinois was a no-show, meaning he defaulted to the last pick. (Members could send aides in their stead, but no one piped up for Jackson during the roll call.) The real work began later Friday morning, with each member-elect choosing an office space from whatever options were left. That happened during designated 5-minute slots, like a slower, less exciting version of the NBA draft being held immediately after the draft pick lottery.
* News…
* Fran Spielman…
United Working Families is launching a fundraising campaign to prevent what it calls “Chicago’s corporate donor class” from becoming an outsized influence in next year’s aldermanic elections.
The Chicago Sun-Times reported earlier this week that Mike Ruemmler, who managed former Mayor Rahm Emanuel’s 2015 reelection campaign, is chairing an independent expenditure committee bankrolled by business leaders to elect alderpersons who want to “be part of the solution and not lob bombs from the sideline.”
Ruemmler said he hopes to raise “into the seven figures” — enough money to “play in … somewhere between 17 and 23” wards. Former Sun-Times investor Michael Sacks, CEO of Grosvenor Capital Management, has agreed to be one of the donors. During Emanuel’s eight years in office, Sacks was his chief fundraiser and all-purpose adviser.
* Tim Novak and Frank Main…
More than a decade ago, then-Mayor Rahm Emanuel issued an executive order that prohibited him and future mayors from taking any campaign money from lobbyists.
This year, Mayor Lori Lightfoot has accepted more than $53,000 in 39 individual campaign contributions from 14 companies owned by Carmen A. Rossi, a registered city lobbyist.
Rossi — who is also a city contractor and restaurateur and nightclub owner and who holds the liquor license for the Lollapalooza music festival — didn’t make any of the contributions to Lightfoot in his own name.
It isn’t clear whether Lightfoot’s taking the contributions from his companies would violate the ban Emanuel imposed on mayors taking political money from lobbyists.
…Adding… From Gary LaPaille’s widow…
Hello friends. Gary passed away today from complications due to ALS. He was at peace and surrounded by his family. I want everyone who took the time to post a note to him to know that he really enjoyed hearing from all of you. We read every message to him, some of them multiple times. We were astounded by the heartfelt voices from his past; so many of you wanted to reach out to share your memories of him from years ago. We tend to get caught up in the day-to-day of our lives and forget that we are shaped from the people, places and experiences of our past. I know Gary treasured his time in Illinois politics and government. Your names were not unfamiliar to my kids, who heard the stories many times over the years.
Gary was the ultimate people person. His friends in Maryland and DC who visited with him these past few days said things about him that will sound very familiar to those of you who knew him back in another life: He was the most generous guy I ever met; he was the life of the party; he took care of everyone on the block; I owe my career to him. That is the Gary we all knew. I am blessed beyond measure that through him I also experienced the joy of knowing all of you.
On behalf of Joe, Sam and Grace and my daughters-in-law Ally and Irina, thank you for sharing your remembrances of your time with Gary. Thank you for your prayers. We are forever grateful.
Love,
Chris LaPaille
LaPaille was Speaker Madigan’s chief of staff, chair of the Democratic Party of Illinois and a state Senator.
* Isabel’s roundup…
* My Journal Courier | Legislative tool has its place, experts say: The Illinois Freedom Caucus said it wants to do away with the consent calendar that allows bills to be bundled and voted on in a single roll call. However, a longtime observer of Illinois politics thinks the consent calendar has a place in the General Assembly and that doing away with it would make the legislative process more cumbersome.
* St Louis Public Radio | Rural America is getting older, with a fifth of the population now over the age of 65: The U.S. Department of Agriculture’s annual Rural America at a Glance report shows more than 20% of rural residents are over age 65 compared to 16% in urban areas. “The aging of the baby-boom generation will continue to contribute to the loss of working-age adults through the end of this decade,” the report from the USDA’s Economic Research Service stated.
* CBS Chicago | Illinois Secretary of State-elect Alexi Giannoulias brings opponent Dan Brady onto transition team: Brady: “I was pleasantly surprised. I thank the Secretary-elect, and I look forward to helping him in every way I can. People say: ‘Wow – that’s a great idea! That’s novel!’ We went as Illinoisans – we have people who are going to try and find a common ground. We know there are issues we disagree on – but how about the common things that we can come together on; the things that we can help improve in office, and efficiency?”
* Patch | Outgoing State Rep Denyse Stoneback Introduces ‘Truth In Politics Act’: “The voters have the ultimate authority to hold politicians accountable for what they say and do, exactly as it should be. Free and open elections are the foundation of our democracy,” said Plummer, the assistant Senate GOP leader.
* NBC Chicago | At Over $500 Per Ticket, Some Are Questioning This Chicago ‘Foodie’ Tour — Which Includes a Donut and Hot Dog: According to the tour description, the event includes five food items — a Portillo’s hot dog, a small Garrett’s popcorn, a six-inch Al’s Italian beef sandwich, a slice of deep dish pizza and a Do-Rite Donut — along with bottle of water, and an Uber ride.
* Block Club Chicago | 242 Cars Towed On First Night Of Winter Parking Ban, Highest Number Since 2019: Violators face a minimum $150 towing fee, a $60 ticket and a storage fee of $25 per day their car remains at the auto pound, according to city officials. That means the unlucky car owners will spend at least $56,870 in penalties and fees to retrieve their cars. Many Chicagoans call the practice “predatory” as the mistake can set people back over $200, but city officials have continuously argued the ban ensures plows can quickly respond to unexpected snow on major roads.
* Patch | 5 Illinois Local Heroes Show Bravery, Selflessness, Compassion: When times are tough or there’s a community in need, we see them emerge: Compassionate local heroes who go above and beyond to help, serve and give back. Here at Patch, we’ve launched an initiative to help recognize these heroes making a difference in their communities. And we’re working to tell the stories of these outstanding people.
* Illini Inquirer | Will they stay or will they go?: Several Illini face NFL Draft decisions : Several Illinois players are valued by the NFL and have big decisions to make of whether to make the leap to their professional dreams now or to return for another season at Illinois.
* Sun-Times | Chicagoan Brenda McKinney to see the world after retiring from the Illinois Urban Fishing Program: Brenda McKinney went fishing once before she was hired for the Illinois Urban Fishing Program. “Idlewild, Michigan,” McKinney said. “Gentleman named Pops, back then, took me. I caught nothing. I never had a problem with fish or worms, I wasn’t that kind of young lady.”
* Sun-Times | Proposed IHSA rule would attempt to crack down on transfers: Schools around the state are set to vote on a new Illinois High School Association rule involving transfers and the hiring of high school coaches.
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* Tribune…
Though Illinois is considered to have some of the strongest gun laws in the country, national researchers are recommending additional steps to ensure the public is safe from firearm violence.
A 16-page report by Johns Hopkins Center for Gun Violence Solutions, released Thursday, recommends barring gun permits — even with parental or guardian sponsorship — for those younger than 21,banning large-capacity magazines and strengthening the state’s red flag law.
The report comes five months after a mass shooting in Highland Park, in which a man with a history of threatening violence and posting violent gun-related images online allegedly opened fire with a military-assault-type weapon, killing seven people and wounding dozens of others at an Independence Day parade. Three 30-round magazines were recovered.
The report also lands as the Illinois legislature is set to consider gun safety laws.
The report is here.
* HB 5855 was introduced yesterday by Rep. Bob Morgan…
Amends the Illinois State Police Law of the Civil Administrative Code of Illinois. Provides that the Division of Criminal Investigation of the Illinois State Police shall conduct other investigations as provided by law, including, but not limited to, investigations of human trafficking, illegal drug trafficking, and illegal firearms trafficking. Provides that the Division of Criminal Investigation shall provide statewide coordination and strategy pertaining to firearm-related intelligence, firearms trafficking interdiction, and investigations. Amends the Firearm Owners Identification Card Act. Eliminates provisions that permit a person under 21 years of age who is not an active duty member of the United States Armed Forces or the Illinois National Guard to obtain a Firearm Owner’s Identification Card with parental consent. Amends the Wildlife Code. Provides that when a person under 21 years of age is hunting under the supervision of a adult, the adult must possess a Firearm Owners Identification Card. Amends the Firearms Restraining Order Act. Provides that the State’s Attorney of the county where the petition is filed may act as a friend of the court in any action filed under the Act. Provides that a petitioner may request a one-year (rather than 6-month) firearms restraining order. Amends the Criminal Code of 2012. Makes it unlawful to manufacture, deliver, sell, or purchase or cause to be manufactured, delivered, sold, or purchased or cause to be possessed by another, an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge. Makes it unlawful for any person to knowingly possess an assault weapon, .50 caliber rifle, or .50 caliber cartridge 300 days after the effective date of the amendatory Act, except possession of weapons registered with the Illinois State Police in the time provided. Provides exemptions and penalties. Prohibits the manufacture, delivery, sale, purchase, or possession of large capacity ammunition feeding devices. Defines terms. Provides exemptions and penalties. Makes other changes. Effective immediately.
* From Rep. Morgan…
Illinois Democrats today introduced the Protect Illinois Communities Act into the state House of Representatives; HB5855 is a comprehensive legislative package that they hope will set a national standard for gun safety laws.
The package, introduced by House Firearm Safety & Reform Working Group Chair, State Rep. Bob Morgan (D-Deerfield), will:
Ban assault weapons immediately, require registration of existing weapons, prevent future sales of ammunition magazines with 10+ rounds, and prohibit rapid-fire devices that turn weapons into fully automatic guns;
Hold gun manufacturers or retailers responsible who market firearms products through deceptive marketing practices;
Establish an interdisciplinary state-wide strike team within the Illinois State Police, in concert with the Department of Justice and the Bureau of Alcohol, Tobacco, Firearms and Explosives, to combat the influx of illegal guns across state lines into Illinois;
Remove the ability for people under 21 to own firearms and ammunition, with exception for those serving in the U.S. Military or the National Guard, as well as allowing hunting and sports shooting for minors with guardian supervision;
Strengthen Firearm Restraining Order laws to keep firearms from dangerous persons.
Rep. Morgan, who represents Highland Park and several other northern suburbs, led the Illinois State House Firearm Safety and Reform Working Group, which met with gun violence survivors, policy experts, faith and community leaders, and law enforcement officials across the state in crafting the legislative package.
“Gun violence is destroying families and communities from East St. Louis to Highland Park to Chicago, and this moment demands urgency,” said Rep. Morgan. “It is time that we had the political courage to admit that guns are a problem, and that we can do something about it. This gun reform package will reduce gun deaths in Illinois, and it is long past time for us to step up and reform the laws which have enabled this gun violence to continue.”
“Whether you’re in the city, or the suburbs, or in a rural area, the reality is gun violence is affecting every corner of our state,” said Rep. La Shawn K. Ford, who serves as part of the working group. “Particularly when it comes to our youth, we are losing an alarming number of our children every year. Every loss is a lasting tragedy that permanently scars families, friends and communities. We have to take action.”
The legislation will be discussed at several subject matter hearings, and will first be heard in early December, more details to follow. Those interested in supporting the legislation are encouraged to submit witness slips in support in advance of the hearing. Status updates on the bill and steps supporters can take can be found at: https://www.repbobmorgan.com/firearm-safety-and-reform-working-group/
* Press release…
Today, the Gun Violence Prevention PAC (G-PAC), Giffords, and Brady released the following statements in response to the introduction of a new bill that would ban the sale of assault weapons and large-capacity magazines in Illinois. The introduction of the possible new measure comes five months after the devastating July 4th tragedy in Highland Park. Illinois has experienced about 55 mass shootings this year, so far, according to the Gun Violence Archive.
“Today’s announcement is the culmination of the tireless work being done by Illinois’ gun safety advocates, who continue to lead the fight for the future of our communities,” said Kathleen Sances, President and CEO of G-PAC.“We applaud Representative Bob Morgan and the working group for stepping up to address the gun violence epidemic. In the absence of a federal ban, Illinois is long overdue for a statewide ban on weapons that continue to kill so many, not only in Chicago or Highland Park, but in Crest Hill, Decatur, East Saint Louis, Elgin, Joliet, Peoria, Rockford, Romeoville, Wheeling, and Yorkville. We don’t have to live like this, and we certainly don’t have to watch our neighbors die senselessly. We look forward to reviewing the bill and continuing to work in support of needed gun safety solutions – too many lives are on the line.”
Earlier this year, G-PAC launched #HaltTheAssault, a new campaign dedicated to calling on Illinois state lawmakers to ban the sale and possession of assault weapons and large-capacity magazines. The initiative hopes to make Illinois the eighth and ninth state, respectively, to enforce these measures.
“Months after the nation watched a small community’s 4th of July parade end in a senseless and horrifying mass shooting, the Illinois legislature is finally acting to prevent more tragedies,” said Sean Holihan, state legislative director for Giffords. “Giffords stands with the people of Highland Park, GPAC, and Rep. Bob Morgan, who are working towards banning assault weapons and large capacity magazines - the same weapons of war that were used on the 4th of July.”
“Brady applauds the introduction of these common-sense, comprehensive policies that will better protect communities across Illinois,” said Brady President Kris Brown. “Illinois already has some of the strongest gun laws in the country, and the policies in this bill, including new age restrictions and extended restraining orders, will add to that strong record. Most importantly, an assault weapons and large capacity ban would help prevent tragedies like Highland Park from occurring again. Weapons of war have no place in our communities, and every day we wait to renew and reinstate the Assault Weapons Ban, more lives will be lost. Brady thanks Representative Bob Morgan for his leadership on this important issue.”
Assault weapons and large-capacity magazines make mass shootings deadlier in Illinois. Research finds that in shootings where assault weapons or high-capacity magazines are used, 155 percent more people are shot, and 47 percent more people are killed.
Studies on both the lapsed federal assault weapons ban and state-level assault weapons bans show that such laws help prevent mass shooting deaths and decrease the diversion of assault weapons to criminal use.
I’ll post opposing viewpoints if/when I receive them.
*** UPDATE *** Richard Pearson with the Illinois State Rifle Association…
With the filing of HB5855 it seems Christmas has come early for G-PAC and other groups that are committed to taking away the Second Amendment rights of law-abiding Illinois Citizens. We have consistently heard from anti-Second Amendment legislators that they “don’t want to take away your guns, we only want common sense gun reforms.” Under HB5855 their first step is to take away your magazines and force law-abiding citizens to register their firearms. The legislation goes beyond magazines used in semi-automatic rifles to also include magazines used in millions of commonly owned handguns. Their next step is to use that very registry to take away your firearms. The anti-gun crowd’s agenda has always been to incrementally peal back the Second Amendment rights of law-abiding Illinois citizens. The Illinois State Rifle Association will not be entering into any negotiations on this piece of legislation. Elections have consequences. We will see the State of Illinois in court should this bill be enacted into law.
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Live coverage
Friday, Dec 2, 2022 - Posted by Isabel Miller
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2022 veto session cheat sheet
Thursday, Dec 1, 2022 - Posted by Rich Miller
* Someone else put this together, but I changed it a bit and updated it. Bills Passed Both Chambers…
• SB 1595 (Cunningham / Hurley) – Omnibus TIF extension
• HB 2406 (Stuart / Hunter) – Sunset extension package
• SB 1698 (Hoffman / Holmes) – UI Trust Fund substantive agreement
• HB 1095 (Peters/ Slaughter) – SAFE-T Act 2022 Trailer
• HB 5189 (Villanueva / Zalewski) – Revenue Omnibus
• HB 5049 (Hoffman / Villivalam) – SOS (Secretary of State) package
* Passed House, Awaiting Senate, which has adjourned…
• SB 1794 (Murphy / DeLuca) – Municipal Utility Audit reform
* Passed Senate, Awaiting House, which has adjourned…
• HB 1859 (Martwick/ Burke) – Cook County Forest Preserve full actuarial funding pension fix
• SB 1622 (Bush/ Gong-Gershowitz) – Applies Illinois Human Rights Act (deletes exemption) to elected officials’ personal staff
• SB 2951 (Hunter/ Zalewski) – Hospital tax credit sunset extension
• HB 1587 (Murphy / West) – Gov’t admin package
• HB 4846 (Gillespie / Walsh) – Healthcare 2022 trailer omnibus
* Passed Senate, Awaiting House’s Lame Duck Session…
• SB 2801 (Harmon) – Clean UI Trust Fund agreement appropriations bill.
• SB 2953 (Lightford/ Smith) – Increases ME/coroner’s cremation fee
• SB 4244 (Lightford) – Eliminates residency requirement for county school treasurers in Cook County
…Adding… House Speaker Chris Welch…
“I want to thank the diligent work of all members, staff, and everyone who had a hand in this successful veto session. I’m incredibly proud we were able to work together to pass important clarifications to the SAFE-T Act and reach a bipartisan agreement to eliminate the Unemployment Trust Fund debt accrued during the COVID-19 pandemic.
Though we are traveling back home for some much-needed time with our loved ones, our work continues. When we return for the lame duck session in January, our legislative body will have important and time sensitive issues to consider. I look forward to what 2023 will bring and I wish everyone a very happy holiday season.”
* Gov. Pritzker…
Governor JB Pritzker released the following statement after the conclusion of the 2022 legislative session.
“As we conclude the 2022 veto session, I want to congratulate the lawmakers and advocates who came together on behalf of the people of Illinois and made this session a success. Government is at its best when we come together across party lines to make Illinois the best it can be.
“For almost six months, working groups of legislators have been hard at work with victims’ advocates, state’s attorneys, public defenders, law enforcement partners and others to clarify language in the SAFE-T Act, which goes into effect January 1st. I’m pleased that the General Assembly has upheld the principles we fought to protect, including bringing an end to a system where those charged with violent offenses can buy their way out of jail, while others who are poor and charged with nonviolent offenses wait in jail for trial.
“I want to particularly thank the legislators who came together to make this work possible, with a special note of congratulations to Leader Gordon Booth, Representative Slaughter, Leader Sims and Senator Peters.
“This week a historic bipartisan agreement was reached to fully restore our unemployment system after the worst recession since the Great Depression. And the plan also includes adding $450 million more to our still under-resourced Rainy Day Fund. Earlier this week it was my privilege to stand with the leaders in both chambers from both parties who tirelessly sat at the table with business and labor to get this done. “Thank you again to: Leaders Cunningham and Holmes, Senators Rezin and Stoller, Leaders Evans and Hoffman, and Representatives Marron and Ugaste.
“Additionally, we were able to bolster the Reimagining Electric Vehicles Act by adding provisions which will give manufacturers the ability to ramp up production of EV parts and provide additional flexibility as the market evolves. By continuing to pass innovative measures that support the emerging electric vehicle industry in Illinois, we are well on our way to meeting our goal of 1 million electric vehicles on the road by 2030.
“There’s still more work to do, so we’ll be hard at work getting big things done in the 103rd Illinois General Assembly.”
* Comptroller Mendoza…
Today’s vote to pay the remaining $1.3 billion owed to the Unemployment Insurance Trust Fund will save the state $20 million in interest payments and will shore up the state’s Rainy Day Fund in the long term. This is responsible budgeting that shows what can happen when business and labor leaders come together with legislators and state leaders to work out an agreed plan. My Office will collaborate with the Dept. of Employment Security to make the required fund transfers from state funds that will complete this loan. I am also supportive of strengthening the Unemployment Insurance Trust Fund with an additional $450 million to help with future demands on the program and redirect payment back into the state’s Rainy Day Fund. I encourage legislators to also pass my Rainy Day Bill, HB 4118, to require annual payments into the Rainy Day Fund and the Pension Stabilization Fund.
* Cook County Public Defender…
Today, Illinois lawmakers passed technical amendments to the state’s SAFE-T Act, a historic reform that takes the next step in creating a more fair and equitable criminal legal system. The SAFE-T Act, which includes the Pretrial Fairness Act, puts our state in the national vanguard on one of the most important issues of our day – ending wealth-based pretrial jailing that weakens communities and is fundamentally unfair. On Jan. 1, 2023, Illinois will become the first state to fully eliminate money bond, which has made us less safe by needlessly destabilizing the lives of our most marginalized residents.
The passage of trailer bill HB1095, SA2 means that these badly needed reforms are fully ready for implementation on Jan. 1, 2023. The bill contains amendments and clarifications that are in line with the law’s original transformative intent and avoids worsening racial disparities or increasing pretrial jailing. The SAFE-T Act was passed in January 2021, allowing two years for preparation and clarifications ahead of implementation.
“We are immensely proud of the joint work by advocacy and community groups, lawmakers, stakeholders from every part of government, faith-based organizations and system partners who fought back against fearmongering and misinformation and preserved the essence of this landmark justice reform,” said Cook County Public Defender Sharone R. Mitchell, Jr.
* McCombie…
State Representative and House Republican Leader-elect Tony McCombie called the SAFE-T Act cleanup bill “flawed” and says it continues to ignore the blatant errors and disrespects law enforcement and victims of crimes.
“Once again, the Democrats chose to go it alone without involving viewpoints of Illinoisans around the state,” said McCombie. “While this is the fourth attempt to clean up a bad bill, it keeps zero cash bail in place, increases taxes, jeopardizes due process for police officers, and decreases penalties for repeat offenders — making our communities less safe. It is unacceptable to abuse victims in the way the SAFE-T Act allows.”
The SAFE-T Act “cleanup bill” was filed as Senate Floor Amendments 1 & 2 to House Bill 1095. The bill was passed through both the State Senate and State House this week.
“A sincere effort at a bipartisan fix would have involved the minority party, but Democrats chose to go it alone to continue to mislead Illinoisans. This bill does nothing but support criminals, make residents less safe and exploits victims of crime,” said McCombie.
McCombie voted NO on the Amendments to HB 1095, which ultimately passed the Illinois House by a vote of 71-40. Governor Pritzker has indicated he will sign the legislation ensuring the SAFE-T Act and its “zero cash bail” provisions will still go into effect on January 1, 2023.
* INPJ…
The following is a statement from the Illinois Network for Pretrial Justice (INPJ) about their coalition’s success in protecting the Pretrial Fairness Act and ensuring that Illinois will end money bond on January 1st:
“Today, the Illinois House of Representatives and Senate passed House Bill 1095 Senate Amendment 2, a SAFE-T Act trailer bill that amends portions of the Pretrial Fairness Act. The passage of HB1095 SA2 is a testament to the fact communities across Illinois have stood by this legislation even as right-wing operatives sought to mislead them through a multi-million dollar misinformation campaign rooted in racism and outright lies.
“After nearly two full years of intense struggle led by communities across Illinois, we have successfully defended the Pretrial Fairness Act from being rolled back or repealed. On January 1, 2023, Illinois will become the first state in the nation to completely eliminate the jailing of people who are awaiting trial simply because they’re poor—a practice that has devastated Black, Brown, and poor communities across our state for decades.
“From the moment the Pretrial Fairness Act was first passed in January 2021, conservatives and some members of law enforcement have engaged in bad faith arguments and spread outright lies about how the law was developed and passed and the impact it would have on our communities. During this year’s election cycle, right-wing operatives spent tens of millions of dollars spreading anti-Black fearmongering and sending fake newspapers to homes throughout Illinois, attempting to turn Illinoisans against the elected leaders who fought to make Illinois criminal courts fairer. Those attempts to preserve the money bond system—one of the primary drivers of mass incarceration—have failed.
“In addition to protecting the law, the trailer bill passed today includes some significant wins for our movement. Over the last two years, the Illinois Network for Pretrial Justice has worked with stakeholders from every branch of state government to prepare for the successful implementation of this historic law. During that time, we identified clarifications that we believe were needed in order to effectively implement the Pretrial Fairness Act and protect the rights of accused people in the new system. While we took a neutral stance on the legislation as a whole due to some provisions that our Network did not fully support, we are pleased to see many important measures we advocated for included.
“These amendments to the Pretrial Fairness Act are in line with the law’s original intent to lessen racial disparities and decrease pretrial jailing in our state. In addition to these changes, there were also some changes made to the safety and willful flight standards of the law, as well as making some charges previously only detainable under the willful flight standard also detainable under the safety standard. The trailer bill also allows for detention hearings to occur over video in some instances. While we do not support these changes, we do not believe they were significant enough to oppose this bill or delay the implementation of the Pretrial Fairness Act.
“For the last six years, the Coalition to End Money Bond and Illinois Network for Pretrial Justice have worked with people of all walks of life across our state to secure this monumental improvement to our criminal legal system. We want to take a moment to thank each and every one of you who took action with us and made this vision a reality. This transformation of our pretrial justice system is only possible because of the thousands of people who worked to educate and advocate with their friends, neighbors, and elected officials.
“We so deeply appreciate the work of our champions in the Illinois House and Senate that have worked so hard to ensure that our efforts were not in vain. We thank the chief bill sponsors Representative Justin Slaughter and Senators Elgie Sims and Robert Peters, working group leader Representative Jehan Gordon Booth, and Governor JB Pritzker and his staff, whose actions will positively impact the lives of millions of Illinoisans for years to come. We want to especially recognize the hard work and contributions of the legislative staff who shepherded this effort forward: Office of the Senate President Deputy Chief of Staff Ashley Jenkins-Jordan and Chief Counsel to the Speaker of the House of Representatives James Hartmann.
“In this moment, it is important that we remember this change became possible because of the national Black Lives Matter movement in response to police murders of Black people across our country. In 2020, millions of people throughout the United States and the world demanded that governments begin the essential work of addressing the systemic racism that permeates every aspect of our society. Pretrial jailing and unaffordable money bonds became a focal point of that movement following the earlier deaths of Kalief Browder and Sandra Bland. In Illinois, the 2020 COVID-19 spring deaths of Nickolas Lee, Jeffrey Pendelton, Karl Battiste and others awaiting trial in Cook County Jail exposed the potentially deadly consequences of pretrial jailing and increased the pressure to end money bond.
“While we celebrate this moment, we know that our fight is not over. In the coming weeks and months, we will continue to ensure the law is implemented as intended. We look forward to working with people across the state to implement this law and continue the fight to protect our communities!”
* Freedom Caucus…
Chris Miller, the chairman of the Illinois Freedom Caucus is issuing the following statement on the changes to the SAFE-T Act the Legislature approved today.
“The people of Illinois asked for changes to the SAFE-T Act but as is often the case, be careful what you wish for because you just might get it. What we as Illinois residents got was not safer streets and real reforms but rather one of the most far-left pieces of legislation ever passed in Illinois history.
The SAFE-T act now includes provisions to allow criminals charged before the effective date on Jan. 1st to be charged under the new SAFE-T Act rules. It also reduces penalties for repeat offenders and makes consecutive sentencing permissive rather than mandated which means a criminal who awaiting trial could conceivably commit the same crime again and serve both sentences concurrently. The legislation also could put victims of sexual assault in the same room as their abuser within 48 hours of the assault for a detainment hearing.
The changes to the SAFE-T Act are not wholesale changes. They are cosmetic at best. The original intent of the legislation was to radically transform our judicial system and that is still the intent. We don’t need a new criminal justice system. We need a system that is fair and one that protects honest citizens. The concerns about the SAFE-T Act have always been centered on the ramifications this law would have on public safety. Nothing about what the Legislature did today alleviates any of those concerns. The intent has always been to codify the radical policies of far-left prosecutors like Cook County State’s Attorney Kim Foxx into law and that is exactly what this legislation does despite the so-called improvements to the bill.”
The Illinois Freedom Caucus is comprised of State Representatives Adam Niemerg (R-Dieterich); Chris Miller (R-Oakland); Brad Halbrook (R-Shelbyville); Blaine Wilhour (R-Beecher City) and Dan Caulkins (R-Decatur). The members of the Illinois Freedom Caucus are members of the Illinois General Assembly who are advocating for limited government, lower taxes and accountability and integrity in government.
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Lunchtime roundup
Thursday, Dec 1, 2022 - Posted by Rich Miller
* Congrats…
* Floor action…
* Politico…
On the Illinois GOP’s divisions between conservative and moderate views, Bailey said he wishes the party would unite around conservatism — even in wake of losses in the midterms that favored moderates. He acknowledges, however, that the party needs to find a unified message on certain issues, including abortion.
The party already has a unified message on abortion and that uniformity has cost it dearly.
* What apparently passes for an oppo dump at Illinois Review…
Here in Illinois, Dot Foods, Inc. – a family-owned company that employs more than 6,000 people in the US and Canada – is the nation’s largest distributor of food and related products. Headquartered in Mt. Sterling, IL, the company is owned by twelve siblings, including IL GOP chairman Don Tracy.
Tracy is very proud of the family business, where he is an owner. He brings it up frequently in speeches and it’s even on his bio on the IL GOP website under the section, “Meet Our Chairman.” […]
In 2020, during the height of the pandemic, owners made a $6,193 donation to Joe Biden.
By contrast, in 2018, owners made a $250 donation to President Donald Trump.
And in 2022, owners made a $3,900 donation to US Sen. Lisa Murkowski, R.; a $4,900 donation to US Rep. Rodney Davis, R.; and a $51,000 donation to the Republican Party of Illinois. […]
In 2020, US Rep. Rodney Davis was one of 35 House Republicans to support the January 6th Commission to investigate the attack on the US Capitol – a move that angered Trump.
More from IR…
Several names have surfaced in the last week as potential candidates to replace Tracy, including state central committee member for the 8th District, Dean White; state central committee member for the 15th District, State Sen. Jason Plummer, 54th District; Will County grassroots activist and founder of Illinois Patriots group Christina Clausen; former US Senate candidate Peggy Hubbard; and businessman and former candidate for governor Gary Rabine.
Peggy Hubbard? The person who claimed, with zero actual evidence, a massive conspiracy to steal the Republican primary from her? Who the heck is floating that name?
…Adding… Tribune last year…
In the last election cycle, federal campaign disclosure reports show Tracy gave more than $400,000 to various Republican candidates and causes including $93,300 to Trump Victory, the joint fundraising committee for Trump’s reelection, the Republican National Committee and 11 state GOP organizations. He also gave another $2,800 to the president’s personal reelection fund, $92,200 to the National Republican Senatorial Committee and $100,000 to the victory committee established by Senate GOP leader Mitch McConnell.
Tracy has donated more than $400,000 to state candidates and causes since 1999, campaign finance records show, primarily to himself and his sister-in-law, but also to local GOP causes and candidates in Springfield. He also gave $25,000 to the successful effort to defeat Democratic Gov. J.B. Pritzker’s effort to have voters approve a graduated-rate income tax amendment to the state constitution on Nov. 3.
Tracy also has given more than $10,000 over the years to Family PAC, a socially conservative group that has fought abortion and gay rights in Springfield, state records show. Tracy has long opposed abortion rights and has touted his support of gun-owner rights.
* Chicago mayoral candidate Brandon Johnson reported a $350,000 contribution today from the Chicago Teachers Union. Johnson has reported raising $791,100 since he filed paperwork to run for mayor last month.
Speaking of the mayor’s race…
* Today in DuPage…
* And lastly…
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* Senate Democrats’ backgrounder…
Pretrial Fairness Act – 5 key points
Transition to new system
Q: What happens to those currently detained on Jan. 1?
A: Those currently detained can request to have the new system applied to their situation. To make this manageable for courts, there will be a tiered system for granting hearings on these requests. These hearings are to determine whether they should be released.
• Lowest level offenses (example: petty shoplifting) hearings must be within 7 days of request.
• Those detained but considered flight risks would get hearings within 60 days.
• Those considered to be potential threats to safety get hearings within 90 days.
This system is designed to give the court extended time to examine requests involving more serious cases.
Trespassing
Q: Can police detain or arrest someone from trespassing?
A: Yes. The Pretrial Fairness Act always allowed this. This amendment clarifies that a police officer can arrest someone for trespassing if …
• The person poses a threat to the community or any person;
• *Arrest is necessary because criminal activity persists after issuance of the citation; or
• The accused has an obvious medical or mental health issue that poses a risk to their safety.
If the above conditions are not present, a citation would be issued.
*Note: This provision was added to clarify the intent of the initial Pretrial Fairness Act.
Dangerousness standard
Makes consistent throughout the entire act what a prosecutor must show to detain an individual on grounds the individual is a threat. This “dangerousness standard” is: the person poses a real and present threat to any person or persons or the community, based on the specific, explainable facts of the case.
Detention net
Adds non-probationable felonies, forcible felonies, hate crimes, attempts of crimes that are otherwise detainable, and others to the list of crimes that qualify someone for detention. The underlying goal for all of this is that dangerous people should be detained while those who merely lack resources and do not pose a threat should not.
Judicial arrest warrants
Clarifies that judges can issue arrest warrants or summons when someone misses their court date. They currently lack this flexibility.
A summons is an official notice to appear in court.
An arrest warrant tells police to arrest and detain.
Also clarifies what constitutes “willful flight” to stress that the intent is to detain those who are actively evading prosecution, not someone who failed to appear in court because, for example, they missed their bus.
Discuss.
*** UPDATE 1 *** List of groups registered as neutral on the bill…
Religious Action Center of Illinois, Labor Council, Troopers Lodge 41, Illinois Alliance for Reentry & Justice, ACLU of Illinois, Live Free Illinois, Chicago FOP Lodge 7, IL Fraternal Order of Police, Illinois Council of Chief Defenders, Illinois State Bar Association, Illinois Sheriffs’ Association, Illinois Justice Project, Illinois Network for Pretrial Justice, Illinois Assn of Chiefs of Police, SAFER Foundation, Cabrini Green Legal Aid, Illinois Network for Pretrial Justice, Law Office of the Cook County Public Defender
FOP and the ACLU. Not bad.
No groups have registered in opposition as of this writing. The Chicago Alliance Against Sexual Exploitation has registered as a proponent.
…Adding… Good point…
*** UPDATE 2 *** Senate President Harmon just said there was a “technology issue” that kept members from voting. Could be a redo…
*** UPDATE 3 *** Harmon moved to reconsider the vote. Motion passed. They’re checking the equipment now.
*** UPDATE 4 *** New roll call…
*** UPDATE 5 *** Press release…
Senate President Don Harmon (D-Oak Park) issued the following statement today after the Senate passed legislation clarifying certain portions of the Pretrial Fairness Act:
“Our goal when we passed the Pretrial Fairness Act nearly two years ago was to overhaul a broken criminal justice system, one in which dangerous people could buy their way out of jail while people accused of non-violent crimes remain detained as they await their day in court simply because they lack resources.
“The measure we passed today preserves that goal while providing clarifications to eliminate any misunderstandings and ensure the implementation of this groundbreaking reform is smooth.”
*HB1095 is now pending before the Illinois House.
*** UPDATE 6 *** Since this topic was repeatedly mentioned during the debate…
*** UPDATE 7 *** Just barely passed. Democratic Reps. Tarver and Yingling did not vote…
…Adding… Very close…
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It’s just a bill
Thursday, Dec 1, 2022 - Posted by Rich Miller
* Crain’s yesterday…
Just a year after passing major new tax incentives to lure electric vehicle makers here, the Pritzker administration is aiming to sweeten the pot.
Legislation introduced in Springfield today that [quickly passed the Senate 49-5] would both widen and extend to up to 30 years payroll tax credits for those who work here under the existing Reimagining Electric Vehicles in Illinois law, known as the Rev Illinois Act. […]
Mark Denzler, who heads the Illinois Manufacturers’ Association and worked on both Rev Illinois and the new plan, said the state has learned something from those losses and by talking to other companies whose plans are not yet final.
“We’ve seen we’ve come up short in some cases, so we’re tweaking,” Denzler said after testifying on behalf of the bill. “It means we’re listening to what we’ve heard from the companies that didn’t choose Illinois, and from companies that are still considering if they want to come here.”
Fact sheet from the Pritzker administration…
HB 5189, SA#3 is an initiative to provide improvements to the Reimagining Electric Vehicles in Illinois (REV Illinois) Act. The changes in this amendment are in direct response to conversations with industry stakeholders as we aggressively recruit companies in the rapidly evolving electric vehicle sector for Illinois investment.
Updates the Definition of “Component Parts Manufacturers” to Reflect Current Market Conditions
20 ILCS 686/10
In response to the reality of market conditions, these changes support existing Illinois manufacturers in the ramping up of their production of EV component parts while giving them flexibility to decrease their more traditional lines as demand decreases.
• Removes the need for a component parts manufacturer under the Act to primarily produce EV component parts
• Removes the “substantially” portion of definition of “retained employee” for component parts manufacturers
• Allows production of any component part of an electric vehicle to be considered eligible for the credit
Supports Existing Illinois Automakers to Transform Their Current Plants to EV
20 ILCS 686/30
• Improves the REV retention credit by increasing the tax credit available against incremental income tax attributable to retained employees at applicant’s project to 75% (from 25%) statewide or 100% (from 50%) for those locating or expanding in an Underserved or Energy Transition Area
Allows for Renewal of REV Agreements
20 ILCS 686/15 & /40
• Enacts a renewal clause that allows for businesses to renew the incentive for one additional term
• Allows the Department to put in parameters (i.e new & retained jobs, capital investment) for renewal
Allows Businesses Flexibility in Determining Which Incentives Work Best for Them
20 ILCS 686/20
• Provides the authority for EDGE recipients who are REV eligible to trade in their EDGE agreement for a REV agreement and receive REV benefits
• Provides that if a manufacturer falls out of compliance with REV because they are no longer producing EVs or component parts, but they are otherwise meeting employment and investment thresholds, then they can receive EDGE benefits without having to restart the process
Note: HB 5189, SA#3 also includes a technical change to ensure 120% wage requirement is met utilizing quality data compensation calculation under REV
* Center Square…
The Predatory Loan Prevention Act instituted a 36% interest rate cap on loans in Illinois, but some lawmakers say pawnbrokers are skirting the law.
A Sangamon County judge issued a preliminary injunction against the cap after pawnbrokers filed a lawsuit against the Illinois Department of Financial and Professional Regulation.
Legislation is pending in Springfield that would close the loophole and require Illinois pawnbrokers to charge no more than 36% APR for their loans.
A Woodstock Institute investigation showed that Illinois pawnbrokers were overcharging active-duty service members on loans with interest as much as 240%. Federal law is also supposed to cap those interest rates for service members. […]
Kelly Swisher, president of the Illinois Pawnbrokers Association, said the loans they deal with are usually short term.
“Typically 30 to 60 days, so we are captured under [the Truth in Lending Act], so we have to put down the 240%, but in actuality, it is a very short period of time,” Swisher said.
Woodstock Institute notes that nationally, annual interest rates on pawn loans are as low as 12%, much lower than the proposed 36%.
SJ-R…
Moving to Chicago last year, content creator Jazmine Thompson needed some extra cash to cover rent and expenses. She pawned her laptop computer and three professional cameras, receiving with it two $800 loans.
The interest rate on the loans was about 150% requiring her to pay $8,000 in loan fees over the course of 12 months. Not able to cover those expenses, Thompson decided to stop paying back the interest on her loans and has not regained her property. […]
“I’d like to point out that during COVID, the shutdowns, we were considered an essential business by this government,” Swisher said, who owns a pawn shop in Arlington Heights. “Now, all of a sudden, we are the enemy.”
IPA represents more than 200 pawnbrokers with a variety of specialties throughout the state, including three in Springfield, which makes setting a statewide standard a challenge. Above all, Swisher claims the measure will cause many shops to go out of business.
* Center Square on a bill that has been stuck in House Rules Committee since April…
A measure some at the Illinois statehouse hope to advance would give voting rights to incarcerated individuals serving time in county jails or state or federal prisons.
Senate Bill 828 is sponsored by state Sen. Mike Simmons, D-Chicago, and, if passed, would overturn current law that states anyone serving a sentence in a federal or state prison, county jail, or on work release is ineligible to vote. […]
State Rep. Adam Niemerg, R-Dieterich, claims the legislation was brought forward for the wrong reasons.
“A voter block such as this raises some questions about the unintended consequences of this piece of legislation,” Niemerg said. “Perhaps, they are the intended consequences of this being a Democratic voter drive, so to speak.”
By framing it this way, isn’t he also saying he’s opposed because he’s protecting Republican political interests?
* Politico on the measure to implement the unemployment insurance trust fund agreed bill…
As we mentioned Wednesday, this would be a supplemental budget that might prompt lawmakers to try to tack on additional goodies. But Republicans are saying they won’t be on board unless the measure is strictly focused on paying off unemployment debt. That will be fine with Pritzker. He wants the measure to have bipartisan support and doesn’t need the drama of add-ons.
Yesterday…
Watch for hiccups: The proposal will be part of a supplemental budget, which could become a Christmas tree for lawmakers who want to negotiate items or bills for their own purposes.
This is an agreed bill. There’s no mucking around with agreed bills. And it’s also not an appropriations bill, supplemental or otherwise. We’ll see a supplemental approp next year.
…Adding… There is an approp bill, and the Senate is debating it now. However, there was no mucking around with it.
…Adding… The actual implementation bill passed the House by a wide, bipartisan margin.
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Live coverage
Thursday, Dec 1, 2022 - Posted by Isabel Miller
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