'Trailer Bill' Would Clear Up 'Problematic Language' In HB 3653

OAK LAWN, IL — In his first order of business as the newly sworn-in mayor of Oak Lawn, Terry Vorderer penned a letter May 13 to residents, addressing Illinois House Bill 3653, also as the SAFE-T Act. Vorderer, a longtime Oak Lawn police officer who achieved the rank of division chief of patrol upon his retirement, is encouraging residents to reach out to their respective state lawmakers to request a trailer bill be developed in collaboration with the law enforcement community before HB 3653 before it takes effect July 1.

On Feb. 22, Gov. J.B. Pritzker signed HB 3653 into law. The bill is intended to dismantle “systemic racism” from policing in Illinois. Advocates of the criminal justice bill claim the law paves the way for the creation of statewide use-of-force standards for all law enforcement agencies.

However, a coalition of law enforcement organizations, including the Illinois Fraternal Order of Police (FOP) State Lodge, FOP Labor Council, FOP Chicago Lodge 7, Illinois Sheriffs’ Association and the Illinois Association of Chiefs of Police, have decried the bill as being "anti-police." The coalition has proposed a “trailer bill” to address the ambiguities and unintended consequences they believe are in the SAFE-T Act.

The Law Enforcement Coalition maintains that the bill was drafted with little or no input from the law enforcement community. The bill was over 740 pages and passed in the state house and senate in the early morning hours with no debate. Members of the coalition claim the restricts law enforcement’s ability to pursue suspects and make arrests.

>>> Read Mayor Terry Vorderer's letter to residents

In his letter to residents, Vorderer says the new law places unrealistic expectations on law enforcement and unfunded mandates that will ultimately cost the taxpayers.

“I am concerned about the shift in legislation which is curtailing good police work as a result of one or two bad incidents, which I believe would result in putting handcuffs on police instead of criminals,” Vorderer told Patch. “I think it’s important for residents to be aware of the legislation and to reach out to their state legislators and ask them to pass the compassion bill.”

Police will no longer have the ability to arrest trespassers on residential or commercial property, including window peepers, short of issuing a citation. If the person still refuses to leave, the police will not be able to remove them. This applies to all Class B and Class C misdemeanors.

The law also mandates that police officers in Illinois be equipped with body cameras, but the cost to store and manage the data is expensive. Many police departments would have to hire a additional staff to maintain a database, however, the law does not provide funding and would be at the burden of taxpayers.”

“The law requires extra training and certification with response to mental health, and we have met those mandates,” said Chief Dan Vittorio, of the Oak Lawn Police Department. “[The state] doesn’t tell us how they plan to pay for it.”

Most troubling to Illinois law enforcement is the possible elimination of “qualified immunity” which protects police officers from "frivolous civil lawsuits." Qualified immunity was removed from the SAFE-T Act before it went to the Illinois State House and Senate for a vote in February. A committee has been formed to address the possible elimination of qualified immunity. Meanwhile, other bills have been created to eliminate it, such as HB 1727, of which Rep. Mary Flowers, whose 31st District includes a portion of Oak Lawn, is a co-sponsor.

Removal of qualified immunity would subject police officers to lawsuits including putting their homes in jeopardy, the Law Enforcement Coalition maintains.

“[Oak Lawn] has 11 police officers who have put in the time to retire, but stay on because they like the job. It helps offset pension costs,” Vorderer told Patch. “You want to be aggressive but you want to go home at night. If you believe you’re going to be the subject of a 10 o’clock news story, you’re not going to be that aggressive. I’m afraid it’s going to demoralize good police officers and citizens will pay the price.”

The SAFE-T Act ends monetary bail in 2023 and gives discretion to judges to hold a detainee if he or she poses a danger to the community. Provisions in the bill also restrict the use of force by officers if they believe a suspect can be apprehended at a later date, which police claim is “often the case.” Such logic can be applied to pursuing an active shooter who is no longer shooting but forcibly resisting arrest, even though that suspect has shot people moments ago, public safety experts claim.

The Illinois Association of Chiefs has created a “police reform resource center,” including a draft 403-page trailer bill, that has been submitted to sponsors in the Illinois General Assembly, a 6-page analysis of the bill, a video on qualified immunity and language to use when emailing or calling legislators.

Following is a list of the state lawmakers in the area, as well as a lookup tool to find out who represents you in the Illinois State Legislature:

• Sen. Bill Cunningham (18th District), contact through website; district office 773-445-8128
• Sen. Jacqueline Collins (16th District), contact through website; district office 773-224-2830
• Rep. Kelly Burke (36th District), kburke@kellyburkerep36.org; district office 708-425-0571
• Rep. Fran Hurley (35th District), repfranhurley@gmail.com, district office 773-445-8128
• Rep. Mary Flowers (31st District), state.repflowers@comcast.net; district office 773-471-5200.
• Find your state legislators