If you are arrested on criminal charges, you have rights and are entitled to protections under the constitution. Sethna Cook’s criminal defense lawyer in Wheaton Illinois wants to inform you that those rights have been reinforced with the passage of House Bill 3653.
The Bill, also known as the Criminal Justice Omnibus Bill, was signed into law by Governor Pritzker earlier this year. Parts of the bill took effect on July 1st of this year. Other parts will be phased in over time. If you have been arrested on criminal charges, you are probably going to benefit from the protections the bill provides.
How does House Bill 3653 protect my rights in Illinois?
Although the United States Constitution offers its citizens numerous rights and protections, recent events have shown that increased protections are needed for criminal suspects. Illinois has addressed this in many ways. Some of the new things in Illinois are:
- Use of force will be more tightly restricted. There will be stricter guidelines for when use of force is justified and what type of force is permitted.
- When executing no-knock search warrants or arrest warrants, officers will be required to take additional precautions to protect vulnerable people.
- Those who are taken into custody will be guaranteed 3 completed phone calls, at no cost, within the first 3 hours of custody. These calls can be used to contact an attorney, family members, or other acquaintances.
- Cash bail will be abolished in Illinois. Instead, pretrial release procedures will allow people to be released under specific conditions or on their own recognizance.
- All law enforcement officers in the State will be required to wear body cameras. This will increase their accountability when carrying out their duties and making arrests. All departments and agencies are required to comply by January 1st, 2025.
If you have any questions regarding the new Illinois Bill, our criminal defense lawyer in Wheaton Illinois can help. At Sethna & Cook, P.C., we have the passion to aggressively pursue justice on your behalf. We are committed to protecting your rights and protecting your future. And, we are dedicated to the highest standards of professionalism.
In addition to protections for those arrested for a criminal offense, provisions have been put in place to try and prevent police misconduct.
Access to camera phones and social media means that we have been able to see the type of police misconduct that has routinely occurred for decades. As a response to that, House Bill 3653 also has provisions to prevent police misconduct.
The following are some of those provisions:
- The Attorney General Act has been amended. Now the Attorney General can investigate and bring civil action against officers who have a pattern of misconduct that deprives any person of rights, privileges, or immunities protected by the US or Illinois State Constitutions or laws. These penalties can go up to $25,000 for the 1st offense and up to $50,000 for a 2nd violation.
- The Police and Community Relations Improvement Act was also amended. Now any person can file an anonymous complaint for conduct that would qualify an officer for decertification. This provision goes into effect on January 1st, 2023. Those offenses include:
- Felony or misdemeanor
- Excessive use of force
- Failing to comply with the duty to intervene
- Tampered with dash or body camera
- Making a false statement
- And more
- Police misconduct records cannot be destroyed.
- A database must be kept for officer misconduct. This must be used before a government agency hires a law enforcement officer or before someone is certified as a police officer. Although this is not for the public, there are other requirements about how it must be used to ensure officers who engage in misconduct are held accountable.
If you want to learn more about the provisions of the Bill that are in place to curtail misconduct, you can contact our criminal defense lawyer in Wheaton Illinois.
Sethna Cook’s criminal defense lawyer in Wheaton Illinois is here to ensure you are protected
If you’ve been arrested for criminal conduct, you still are entitled to protections under the US and Illinois Constitutions. With the addition of House Bill 3653, there are additional protections and provisions that try to prevent police misconduct. Although this is a step in the right direction, there is still a long way to go to ensure the safety of all of our citizens. If you need additional assistance with a criminal matter, please contact Sethna Cook’s criminal defense lawyer in Wheaton Illinois.