Veto Session activity carries Illinois into 2023

12/22/22

The Illinois General Assembly (ILGA) reconvened in Veto Session this fall from November 22-23 and November 29-December 1. Because the governor did not veto any legislation this year, ILGA used this session to take up legislation that was not passed during the regular session. The LWV of Illinois advocated for the passage of two bills in particular. Both passed.

Election Policy

Vote Centers Extended through July 1, 2023

Vote Centers, which improved ballot access for many voters during the 2022 elections, will again be mandated for Consolidated elections this spring.

Vote Centers are polling places where any voter living within an election authority’s jurisdiction can vote on Election Day, regardless of their assigned precinct polling place. Although Illinois law required every election authority to have at least one Vote Center in 2022, that mandate would have expired January 1, 2023 without the six month extension approved by the Illinois General Assembly during Veto Session.

Criminal Justice

Illinois first in nation to eliminate cash bail, January 1

When the Pretrial Fairness Act (PFA), which is part of the 700-page Safety, Accountability, Fairness and Equity-Today (SAFE-T) Act, goes into effect on January 1, 2023, Illinois will become the first state in the nation to eliminate cash bail. 

In order to make this historic transition as smooth as possible, Illinois legislators used the veto session to pass a trailer bill to the SAFE-T Act, called the Enhancing Public Safety Act (HB1095). It is not unusual for the legislature to use a trailer bill to clarify and/or modify specific aspects of lengthy bills--in fact, this is the last of several. Trailer bill HB1095 represents feedback from public safety advocates, returning citizens, law enforcement and other stakeholders.

The primary features of the PFA remain unchanged:

  • End of money bond

  • Release is mandated for most charges

  • Law enforcement must issue citations instead of making arrests for most minor offenses

  • People on Electronic Monitoring are entitled to engage in essential movement

HB1095 clarifications:

  • People in jail on January 1 will not be released, but may choose to either raise bail or ask for a rehearing under the new law

  • The timeline between arrest and first appearance in court is limited to 48 hours

  • If prosecutors charge that a person poses a risk to public safety or is a flight risk, a second hearing is held to determine whether pretrial detention is warranted

  • Specific offenses that could be detainable were expanded: “Escape from electronic monitoring” is a new felony charge if there was intent to evade prosecution

  • In regard to violations of pretrial release, willful violations will result in revocation of release, but unintentional violations of release will not

Elimination of cash bail ensures that people who are accused of crimes will be treated equally. Access to wealth will no longer affect a person’s ability to remain free before they are proven guilty at trial.

Read more from the ACLU about the end of money bond in Illinois.

Guest UserVoting Rights, Criminal Justice