A case against the State law to abolish cash bail, and to make other “reforms” to Illinois criminal law and procedure, will be heard in court on the first Wednesday in December. Fifty-eight Illinois state’s attorneys, representing more than half of the counties in Illinois, have filed lawsuits against the controversial SAFE-T Act. The lawsuits have been consolidated into one case that will be heard in Kankakee County circuit court. The State’s Attorney of McHenry County has been selected as the lead counsel for the consolidated plaintiffs. Five other county state’s attorneys – the lead prosecutors of Kankakee County, Kendall County, Sangamon County, Vermilion County, and Will County – will also be represented on the plaintiffs’ team.
The December 7 hearing will enable the plaintiff state’s attorneys to present evidence on the unconstitutionality of the SAFE-T Act. Arguments center on the text of the law and the way it was enacted by the Illinois General Assembly. The law was passed by partisan votes of the House and Senate held after midnight during the January 2021 lame duck session of the General Assembly. Persons connected with the lawsuit say they believe the circuit court will rule on the case no later than December 15. Fast action is significant, as the law is slated to become effective on January 1, 2023.