Proponents of eliminating cash bail describe it as a penalty on poverty, affecting mostly those in economic distress — particularly people of color.
of the Illinois Legislative Black Caucus, approved with the aim of improving the lives of marginalized communities following the police killings of George Floyd and others in the previous year.A Kankakee County judge, ruling on a lawsuit brought by county state’s attorneys and sheriffs, found that because the constitution mentions “bail,” it would take a constitutional amendment approved by voters to make such a change.
When the Supreme Court received the direct appeal from the local court, it stopped the scheduled Jan. 1, 2023 implementation of the law. Theis ordered that it take effect in 60 days, on Sept. 18. Justice David K. Overstreet dissented, arguing that the law violates the constitution’s Crime Victims Bill of Rights, which voters added in 2014. He said it gives victims the right “to have their safety and the safety of their family, considered in denying or fixing the amount of bail.” Changing that requires voter approval, not just legislative fiat.
“This opinion will embolden criminals even more which is what our governor seems to want,” Downey said.
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