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posted on 5/16/21

In February, Governor Pritzker signed a police reform bill that ended cash bail and significantly reformed Illinois’ criminal justice system. Now, a bill that would end qualified immunity for Illinois police officers is making its way through the House of Representatives. The bill, called the Bad Apples in Law Enforcement Accountability Act of 2021, would allow citizens to sue police officers for depriving “any individual rights guaranteed under the Illinois constitution.” Officers who fail to intervene on behalf of citizens who are being abused can also face civil liability.

How Would This New Law Affect Police Officers?

The past two years have been challenging for police officers across the country. Some groups are calling for police departments to be defunded, and Illinois just increased the penalties for police brutality. The law discussed above would make it easier for victims of alleged police brutality to bring a civil lawsuit against an individual police officer for damages.

Facing Criminal Charges as a Police Officer

If passed, this law will allow victims of police brutality to sue police officers. However, police officers can also face criminal charges for not adhering to Illinois’ new police reforms. If the Bad Apples in Law Enforcement Accountability Act of 2021 passes, it would be possible for a police officer to face a civil lawsuit for monetary damages for engaging in police brutality.

The Illinois Police Reform Bill was signed into law on February 22nd, 2021. The law holds police officers to a higher standard when it comes to arresting suspects. Now, police officers can face penalties if they fail to provide facts regarding incidents that the officers are investigating or withhold knowledge of another police officer’s misrepresentation. When police officers fail to comply with their department’s policy or Illinois state law, they violate the new law, as well. These crimes are prosecuted as class 3 felonies.

Additionally, it is much harder for police officers to justify using deadly force under the new law. They must meet multiple conditions to use deadly force. Without all four elements, police officers will not be justified using deadly force and can face criminal charges if they do so. Police officers also have a duty to render aid.

Because police brutality is in the national and local spotlight, local prosecutors take the police reform law seriously. If you have been charged with violating Illinois police reform law, you need to speak to an attorney as soon as possible.

Are You a Police Officer Facing Criminal Charges? We Can Help

At Glasgow & Olsson, our award-winning criminal defense lawyers have a proven track record of success in many high-profile state and federal criminal cases. You can see defense attorney Thomas Glasgow on local Chicago news when he fought to get a former police officer’s conviction vacated. In a world of chaos, pain, survival of the fittest and ever increasing crime… it is critical not to just protect yourself with tools but also with the right people on your team. My choice is Glasgow & Olsson. His impeccable track record & experience makes him untouchable. With an empathetic heart, shoulder to cry on, he listens and will help you through the worst & best of times. I highly recommend him for retainment if you have a CCL, need to create a trust/will/prenuptial/power of attorney/etc., opening a business, going through a separation or custody battle or if you were involved in a crime-DUI, murder, etc. Tom’s team is THE BEST. You are welcome to use me as a referral!

Ania