Lawsuit Challenging SAFE-T Act Delayed until December

Court records show a lawsuit challenging the SAFE-T Act won’t be argued until next month, and a decision is not expected until mid-December.


Over the last few months, 62 of Illinois’ 102 state’s attorneys have filed lawsuits challenging the constitutionality of the SAFE-T Act. On October 31st, the Illinois Supreme Court consolidated the suits into one.


The initial lawsuits filed by the individual counties are not identical, they all made similar claims that the SAFE-T Act violates an Illinois Constitution requirement that laws be “confined to one subject,” and violates an Illinois Constitution requirement that a person charged with a crime “shall be bailable by sufficient sureties.” The lawsuits also allege the law should be nullified because it was passed in a matter of hours rather than meeting the statutory requirement that bills be before the General Assembly a minimum of three days.


State Senator McClure says the number of state’s attorneys who have challenged the SAFE-T Act is further proof that the new law is not ready for statewide implementation. While there is talk of a fourth trailer bill to the SAFE-T Act, no legislation has been read into the record.


Senate Republicans have continued to push for action on legislation they are sponsoring to help empower the criminal justice system to get violent criminals off of the streets, get illegal guns out of communities, and shore up mental health services.