Dems want to legalize attacking Illinois police during mental breakdowns

Those experiencing a mental health crisis may receive a free pass to physically attack law enforcement officers if Illinois lawmakers pass a proposed bill backed by several Democrats.

In February, newly elected state Rep. Lisa Davis (D) introduced House Bill 3458, which proposes amendments to Illinois' Criminal Code of 2012 to allow "a defense to aggravated battery" when a person "having a mental health episode" attacks a law enforcement officer. To use the defense, the perpetrator must have "a documented mental illness" and have attacked the officer "abruptly."

'May incentivize people to feign mental illness.'

Davis, a Cook County public defender, campaigned on the promise to keep the community "safe while also ensuring our criminal justice system is fair."

"As a Cook County public defender, I've worked to make sure everyone has access to justice while keeping our community safe," Davis stated in a January video. "As a proud union member, a mom, and the wife of a Chicago firefighter, I am invested in smart policies that uplift our southwest side families."

In a questionnaire from the Chicago Sun-Times leading up to the election, Davis cited that the top problem in her district was "public safety."

"I would collaborate with stakeholders to find equitable solutions to public safety that are community based and community driven," Davis stated.

Rep. Kelly Cassidy (D) and Rep. Marcus Evans (D) cosponsored Davis' proposed legislation.

Local law enforcement officers expressed concerns about Davis' bill.

Taylorville police officer Matthew Nichols told WCIA, "I would ask the elected officials what makes them want to make this only apply to law enforcement."

The bill applies only to law enforcement officers and not other first responders. Davis is married to a Chicago firefighter.

"I could see how it may incentivize people to feign mental illness if they're facing charges of [aggravated battery] to a police officer, whether they're mentally ill or not," he continued. "What mechanisms are [they] going to put in place to make sure that they have to prove that they have mental conditions and not just feigning mental illness to get the charges dropped."

Sangamon County Sheriff Paula Crouch called the legislation "a little ridiculous."

"If there is an incident that happens with a police officer and someone that's having a mental episode, the state's attorney can make that judgment on could that person reasonably make the decision to commit that battery," Crouch told WCIA.

The bill has been sent to the rules committee. There is no scheduled voting date at this time.

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