Scribd Logo
Upload

Welcome to Scribd!

  • Verified Complaint For Declaratory Judgment and Injunctive Relief

    Uploaded by

    WICS Newschannel 20 (WICS ABC 20)
    2K views39 pages
    Verified Complaint for Declaratory Judgment and Injunctive Relief

    Original Title

    Verified Complaint for Declaratory Judgment and Injunctive Relief

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    Verified Complaint for Declaratory Judgment and Injunctive Relief

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    2K views39 pages

    Verified Complaint For Declaratory Judgment and Injunctive Relief

    Uploaded by

    WICS Newschannel 20 (WICS ABC 20)
    Verified Complaint for Declaratory Judgment and Injunctive Relief

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 39
    EFLED swsia022 427 PM ul Palazzle 1h toda Groot ‘Sangamon County 1. IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT SANGAMON COUNTY, ILLINOIS DAN WRIGHT, SANGAMON COUNTY STATE'S ATTORNEY, and JACK CAMPBELL, SANGAMON COUNTY SHERIFF, Plait, zozamno0oe27 y. 22-MR- J.B. PRITZKER, GOVERNOR OF ILLINOIS, EMANUEL C. WELCH, SPEAKER OF THE HOUSE, and DONALD F. HARMON, SENATE PRESIDENT (ALL NAMED IN THEIR OFFICIAL CAPACITIES) Defendants ECLARATORY JUDGMENT AND INJUNCTIVI F ul NOW COMES Dan Wright, Sangamon County State's Attorney, on his own behalf and ‘on behalof Sherif Jack Campbell (hereinafter “Plaintiffs, and for their Verified Compl for Declaratory Judgment and Injunctive Rl, state the fllowsing PARTIES 1. Plaintiff Dan Wright is the duly elected State's Atomey of Sangamon County, lino, who has the authority to prosecute this cause of ection on behalf of the People of Sangamon County pursuant to Section 3-9005(@)() of the Counties Code, $5 ILCS 51. 9005(a)1). In adtion othe statutory duties and responsibilities afforded the Sangamon County State's Atomey, hes vested with common lw and constitutional authority analogous and largely concurrent tothe Hlinois Atomey Genel, which includes the duty to represent the People in matters which affect the public interest. Asthe duly elected State's Attorney of Sangamon Count, Weight i both a Constitutional and statutory office. 2 Among Wright's dates and responsibilities are the authority to prosecute all civil and criminal actions within his county in which the People or the County are interested, prosecute offenses under the various laws ofthe State of lino, as well as tongue as to the source of any bond money posted by an individual charged with criminal offense, and to seek inetease in bond amounts or changes in conditions of release as necessary to preserve public suet. 55 ILCS 5/3- 9905; 725 ILCS S/110-S(b-5); 725 ILCS 5/110-6(@, 2. Alsoamong Wrights duties and responsibilities, along withal the Iinos State's Attomeys, is the administration of intemal operations of thee respective offices. $5 ILCS 5/3- 006 4. Plain Jack Campbells the duly clcted Sherif of Sangamon County; among his ites sth enforeement of evil and eiminal statutes, aswell as supervision and security ofthe Sangamon County Complex and ll individuals incarcerated atthe Sangarnon County Jil Constitution, Plaintiffs are 5. Inaceordance with Article XII, Section 3 of then sworn to “suppor the Constitution ofthe United States andthe Constitution of he Sat of tins ~ including the exercise of legal remedies to ensue legislation affecting public safety comporss ‘withthe Minois Consttation. I, Const. 1970, ar. XT, § 3. Failure to support and defend any provision ofthe llinois Constitution weakens the stength of all and compromises the rights of every citizen, 6. Defendant Pritzker is the duly elected Governor of the State of Hingis. Under ticle V, Section § ofthe Ilinois Constitution, the Governor “shall have the supreme executive power and shal be responsible forthe fitful execution ofthe laws." Il, Const. 1970, art. V,§ 8 7. Defendant Welch is the duly elected Speaker of the Mlinois House of Representatives Upon information and bli, during the process involved in the legislature's passage of HB 3653, the Speaker ofthe House indicated tha all procedural requirements forthe passage of HB 3653 were met 8 Defendant Harmon is the duly elected president of the Minos Sente. Upon information and belie, during the process involved in the legislature's passage of HD 3653, Defendant Harmon indicated that all procedural requirements forthe passage of HB 3653 were met FACTS COMMON TO ALL COUNTS 9. House Bll 3653, refered to as the “SAFE-T Act” (hereinafler “HB 3683° or “Public Act 101-652") was originally intoduced inthe Hlinois House of Representatives by Representative Cuts 1. Tarver If on Febrory 15, 2019, See 101s I Gen. Assem, House Proceedings, Feb. 15,2019, at 45, avilable a tosbit WSRNARB? last accessed Oct. 5, 2022) 10, As introduced, HB 3653 consisted of seven (7) pages and sought to amend |. See 10st I, Gen, Assem., House Bill 3653, 2019 Sess, provisions of 730 ILCS 5/3-14 available at htps:bit ly/3SWeVBW (last accessed Oct. $, 2022), 11, ‘The synopsis for HB 3653 indicated that, initially, it primarily focused on voter registration issues for incarcerated individuals. 1. a 12, HB3653 received thee (3) readings in the House and was passed on April 3,2019, ‘See 101st Il. Gen. Assem., House Proceedings, Feb. 15,2019, a 45; 101st IL Gen. Assem, House Proceedings, Apr. 2, 2019, at 38, available at hitpsbitIy/3rwyRYH (last accessed Oct. 5, 2022); 1O1stlll. Gen, Assem., House Proceedings, Apr.2,2019, at 38, available at ps://biLIYISVARGr (last accessed Oct. 5, 2022). 13, HIB36S3 arrived in the Senate April 4, 2019. See 101st II. Gen. Assem., Senate Proceedings, Apr. 4, 2019, at 4, available at hitpsibit y/V6OvYb (last accessed Oct. 5, 2022). 14. The first reading of HB 3653 in the Senate occurred on April 12, 2019, where it was refered fo the Assignments Committe. LOIst Ill. Gen, Assem., Senate J, Apr. 12, 2019, at 13, available a htps/fbit y/3T13b9K (last accessed Oct. 5, 2022). 15. Subsequently, nearly twenty-one (21) months later on January 10, 2021, HB 3653, ‘was assigned to the Executive Committee, before being rereferred to Assignments Commitee IOlst Hl Gen, Asem, Senate Proceedings, Jan. 10, 2021, at 16, available at hips:dbit.ly/3SHkyMP (last accessed Oet. 5, 2022) 16. A second reading occurred in the Senate on January 10, 2021, after which Senator Ege Sims stated that he wanted the bill moved toa 3rd reading. 1. at 33. 17. Senator Sims then filed Senate Floor Amendment No. I, which totaled six hundred eleven (611) pages. See 01st Il. Gen. Assem., House Bill 3653, Senate Floor Am. No. 1,2019 Sess.. available at htps:Ibit.iv/3SHkPzl (last accessed Oct 5, 2022), 18. On or about January 13, 2021, Senator Sims fled Senate Floor Amendment No.2 ‘Which increased the bills size by one hundred fifly-three (153) pages to seven hundred sixty-four (764) pages. See 101st Ill. Gen. Assem., House Bill 3653, Senate Floor Am, No, 2, 2019 Sess. available at htps:Ibit.ly/3e7SRh9 (last accessed Oct. 5, 2022). 19. According tothe amendments synopsis, the bill now dealt wth various topes such asuse of foree, redistricting, creation of task forces, and labor relations, among many other topics ‘See Bll Status of HB36S3, 101st Ill. Gen. Assem., htips/hit.I/SebS9KU (last ascessed Oct. 5, 2022) 20. After these voluminous amendments, the bill was again referred tothe Assignments ‘Committee and approved for consideration. 101st Il. Gen. Assem., Senate Proceedings, Jan. 12, 2021, at 79, available ot hups:lbit Iy/SSBKo9M (last accessed Oct. 5, 2022) 21. Before the entite Senate, Senator Sims asked that HB 3653 be returned to 2nd reading tatu, Id at 8. This was approved without objection, ld 22, Senator Sims then moved to adopt Floor Amendment No.2. ld. Senate President Harmon determined Floor Amendment No.2 passed ona voice vote 23. Another reading was then held; that reading was refered to as “the 3d Reading.” See id. The fille of HB 3653 was then read, and Senate President Harmon announced that only two speakers from each side would speak after Senator Sims spoke. ld. tp. 86, 24, Highlighting the sweeping and broad nature ofthe legislative scheme envisioned in those 764 pages, Senator Sims refered to HB 3653 as a “big, bold, complex transformational agenda.” ld 25. Senator Sims continued: First, the criminal justice reform: There's reporting of deaths in custody; reforms relative to pregnant prisoner rights, medical treatment; alternatives to custody for those charged with three or four-Class 3 or 4 nonviolent felonies; the end to prison ‘gerrymandering; the end to money bond and the Pretrial Faimess ‘Act; the creation of a domestic violence pretrial working group: the creation and establishment of detainee rights; additional earned program sentencing credits; modernization of our State's mandatory supervised release program. Under violence reduction and victims’ services: expanded usage of diversion courts; crime victims compensation, And under police accountability: the State's frst expanded certification and decentfication process; expanded use of foree training; expanded erisis intervention training; the eration of the State-of co-responder model for the State-for-for State ‘government and policing: data collection; the creation of-ofthe ‘expansion and-and clarification of our ban on chokeholds; the creation ofa duty to render aid for law-law enforcement officers; the creation of the duty to intervene from law enforcement officers; protection for whistleblowers who-who seck to make sure thatthe relationship between law enforcement and communities remain sound; increased body camera usage; a discussion on the cemification process and decenification process for law ‘enforcement. Tis isa complete and comprehensive initiative 1d, at 86-87 (cleaned up). 26, Several Senators voiced concer about the manner in which HB 3653 was moved forward, For example, Senator Steve McClure observed that, jst got tis... «very shor time ago”, and that he was “tying to ascertain whats inthe ill” Ia 87-88, 27, Senator MeClure and Senator Sims had an exchange indicating that it was nt entirely clear what was being presente, with Senator MeClue stating he had “seen several das ofthis bill and his is now sort of new,” which caused Senator Sims to reply that Senator McClure ‘was referring to another earlier draft of the bill See id at 87-92, 28, Senator Jason Batickman also noted issues withthe process, staling tht this bill ‘was pushed forward during a lame-duck session and stated: Many of our constituents are going o read about legislation that consisted of more than 700 pages that was debated at 4:30 am. and they'e going to read, watch, and stn to those news repos about this legislation and iramediately cast suspicion about whats being done inthe eleverth hour of this lame-duck Session, and they'e going tobe suspicious. i, 21100. 29, After farther comment, President Harmon called fora vote and reported the vote as 32.23 in favor of passing HB 3653, President Harmon then declared HB 3653 as being passed 1d a 107-08 30, On January 13th, 2021, HB 3683 anved back inthe House, Se 10tst Il, Gen Assem,, House J, Jan. 13,2021, a 4 avilable at hips: v/3EH2PYG (lst accessed Oct. 5, 2022) 31. Onthe same day, the Rules Committe recommended Senate Amendment No. 2 be ‘eloped and refered the matter tothe floor fra full House vote. 1a 6 32. Also on January 13th, Representative Justin Slaughter spoke in favor of the motion to concur, again highlighting the vast and divergent scope of HB 3653: In regards to policing, House Bill 3653, Senate Amendment 2, provides a framework composed of seven critical components, sonflict de-escalation, the Bill establishes a statewide co-esponder program, revamped our search warrant policies, and enhances crisis intervention taining, ‘Secondly, under limiting use of force, this Bill establishes statewide universalized standard for use of force that identifies and defines what is excessive and prohibited. Under this setion, House Bill 3653, Senate Amendment 2, allows. also provides policy for ‘the duty to intervene and to render aid. And lastly, it enhances use of force training. The third component is transparency, Under this section, the Bill creates a statewide body camera program, sitengthens requirements for the reporting colletng, and retention ofpoice daa and records. An last modifies policies pening to police officer integrity. The fourth ‘enforcement, In this section, the Bll establishes a significantly more robust certification and devenitication program for police officers. In regard to strengthening certification. What does this mean? This means better background checks, documenting continuous taining completed, and continuous review of Aisqualifying conduct. This program also calls for expanding decerification, increasing te list of misdemeanors that qualify for sutomatic decertfication, and also. creating a discretionary decenitication process based onthe state's IDFPR model. And third, this also means expanding the office professional conduct database. ‘This would inelude notifications to state's atiomeys and expanded requirements for departments to notify for concurent terminations and leaving duties under investigation. Under this component, the Bill also enhances a state level patterns and practice division within the office of Attomey General to investigate police misconduct is " Fifth component, ‘accountability. The Bill creates the Qualified Immunity Task Force to develop and propose policies and procedures to review and reform qualified immunity a it applies to peace officers, In rogards, tw collective bargaining, the Bill deletes a provision ofthe Uniform Peace Officers’ Disciplinary Act that allows collective bargaining agreements to override State Law with regard to peace officers. The effect of this change would be to prevent collective bargaining agreements from being used to shield officers ftom discipline, fee misconduct, and use of force violations. Lastly, this section also removes the sworn affidavit requirement for police misconduct ‘complaints. Sixth component, detainment, This Bill provides provisions to proieet the rights of arestees and detainees by requiring adequate access to phone calls and counsel when detained, ‘The last component of police reform, the seventh component, officer wellness, These provisions establish statewide standards for officers to receive regular mental health sereenings and assistance and also protections from mental illness discoveries. It’s these ‘seven components of our reform framework for polising that's onan Wealso took a look at sentencing reform, The Bill narows our very broad felony murder nul to bring it in line with the majority of other states It offers alternatives to custody in that it limits ime on mandatory supervised release for lower level felonies. It modifies, the definition of habitual criminal to entail and require higher level, offenses, HB3653, Senate Amendment 2, offers a provision to provide for more judicial discretion for lower level, non-violent offenses. In regards to resisting arrest, the Bill requires a predicate offense to charge someone with resisting arrest. Lastly, the Bill sslablishes an investigation in reporting requicements for death In-eusiody, In regards to prison practices, this Bill makes the following changes It provides a provision for enhancing medial treatment practices within IDOC: the Bill ends the practice of prison gerrymandering: it modemizes our sentencing credit program; and Iii motes provisions wo pet the Hah of propen mers. Also, and most noaly, House Bill 3653, Senate ‘Amendment 2, abolishes money bond and codifis the Petal Faimess Act, This initiative moves our money band system from coe that i based on an individual's ability or inability to post bond to a more fair systom that relies on verified sk assessment tols to determine if an individual is atheeat othe community oF a concern to not retum for their hearing. Lasly and finally, in regards to Violence rection, the Bill improves the victims... he crime vietims compensation process and expands the eligibility for diversion See 10lst Ill. Gen. Assem, House Proceedings, Jan. 13, 2021, at 4-8, available at bps / Kt (ast accessed Oct. 5, 2022), 33, Inthe House, there were additional concems raised sbout HB 3653. For example Representative Patrick Windhorst noted that HB. 3653 is really “two large criminal justice Bills, cone involving certification of police officers one involving criminal justice reforms that have been merged.” ld at 18-19. 34, Acting Speaker Burke then called for vote, with reported vote of 60-50 in favor. ‘dat 23. Acting Speaker Burke then declared the bill had passed. ld 35. HB 3653 was sent to Govemor Pritzker on February 4, 2021, and signed on February 22, 2021. See Bill Status of HIB3653, 101st Il. Gen. Assem. https! y/9M8b0bs (last, accessed Oct. 5, 2022) 36. Governor Pritzker signed HB 3653 into law as Public Act 101-652. 37, Public Act 101-652 is seven hundred sixty-four (764) pages, divided into eight (8) substantive articles, one (1) general article, and amends, add, or repeals two hundred sist (265) statutes. See Pub, Act 101-652 (ef Ju. 1, 2021, availble a hpi b/3CxPac (last accessed Ost 5, 2022) 38. Themajoriy ofthe Public Act has already taken ffs, with the elimination of cash tail effective January 1, 2023, and completion of the multi-year progression toward universal requirement of body cameras scheduled to fnishing January 1, 2025, See fat 764, COUNT I: DECLARATORY JUDGMENT. PUBLIC ACT 101-652 VIOLATES THE SINGLE SUBJECT RULE 39. Plaintiffs reallege and incorporate the allegations in Paragraphs 1-38 above as if fully restated herein, 40. Anicle 1V, Section 8 ofthe Illinois Constitution provides in pertinent part: "Bills, ‘except bills for appropriations and for te codification, revision or rearrangement of laws, shall be confined to one subject." Il. Const. 1970, art 1V, § 8 41. Because the single subject rule is a substantive rather than procedural requirement forthe passage of bills, an alleged violation of the rule is subject to judicial review. Johnson v. Ecdgar, 176 Il, 24.499, 514 (1997) (citing, People v. Dunigan, 165 I.2d 235 (1995) 42, The single subjectrule ensures the structured and well-informed debate and passage (of bills by “limiting each bill to a single subject, [so] each legislator can better understand and ‘more intelligently debate the issues presented by bill.” People w. Cervantes, 189 Il. 24 80, 83- 84 (1999) (citing People v. Reedy, 295 IL. App. 34 34 24 Dist. 1999)). 43, The single subject requirement, therefore, “ensures thatthe legislature addresses the difficult decisions it faces directly and subject to public serutiny” Cervantes 189 11.24 at 84 (citing, Johnson v. Eilgar, 176 1.24 499 (1997), 44, A public act that violates the single subject rule is not severable; rather, the entire public atis unconstitutional and thus void. Reedy, 295 TH. App. 3d at 2, 45, 735 ILCS 5/2-701 provides a method under Illinois law for declaratory relief 46. “The essential requirements for asserting a declaratory judgment action ae (1) a plaintiff with a legal tangible interest, (2) a defendant with an opposing interest, and (3) an actual controversy between the partes involving those interests.” Cahokia Unit Sch. Dist. No. 187 v Pritskor, 2021 IL 126212 at 936 (citing Beabringer . Page, 204 1.24 363 (2003). 47, Absent further action by the General Assembly, the provisions of Public Act 101- £652 will main in effect or continue to take effet, ereating an actual controversy between the Parties which would be terminated in whole or in part by @ declaratory judgment. 48, Public Act 101-652 is over 750 pages long, adresses 265 separate statutes, and ean be categorized a touching, ata minimum, eight (8) clearly distinct and divergent subjects. A non- 1. Prorial Release Standards: >. Various provisions related to police practices; . Elections; 4. Expanding the Partnership for Deflection and Substance Abuse Disorder “Treatment Act to include fist responders other than police officers; ‘Granting the Attomey General increased powers to pursue certain civil ations, some newly ereated: Expanded Whistleblower Protection; Police Decentfication Procedures affecting the administrative duties and responsiilies ofthe Minos Law Enforcement raining and Standards Board; and, hi Creation of a egal “duty to render aid” upon which the offense of Official Misconduct by members of law enforeement could be charged. 49, As a resul, Public Act 101-652 violates the single subject rule because its “discordant provisions” cannot “be considered as having any legitimate relation 10 each other” Johnson, 176 ML2d a 509, $16 emphasis added); See also (holding thatthe single subject rule reauires examination of the extent to which provisions of legislation havea “lgiimate relation to ach other” ater than othe general topic identified by the legislature). 50, Under Public Act 101-652, all Ilinois State's Atomeys would be required to undertake not only significant new procedural and substantive responsibil, but alo the duty to identity funding mechanisms necesary to satisfy the substantial unfunded mandates of Public Act 101-652 which directly impact the budgets of numerous county agencies. SI. As topics including, bt not limited to, elections, whistleblower protection, police id - violation of

    You might also like