Gino DiVito The SAFE-T Act and Amendment 1 are examples of government s failure to be transparent HEAD TOPICS

Gino DiVito The SAFE-T Act and Amendment 1 are examples of government s failure to be transparent

10/21/2022 6:58:00 PM

The decision to avoid transparency on the SAFE-T Act and Amendment 1 deprives legislators and citizens of knowledge and understanding

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Chicago Tribune

OPINION: Transparency is the lifeblood of democracy. We must demand transparency from our elected representatives to ensure that misinformation does not end up filling the gaps left by the absence of transparency. The decision to avoid transparency on the SAFE-T Act and Amendment 1 deprives legislators and citizens of knowledge and understanding ExpandPens are prepared before Gov. J.B. Pritzker signed HB 3653, the criminal justice reform bill on Feb. 22, 2021, at Chicago State University.(Brian Cassella / Chicago Tribune)House Bill 3653, also known as the SAFE-T Act, started as a short, uncontroversial shell bill unanimously passed in the House and sent to the Senate. It resided there for almost two years, until, a short time before the start of the normal legislative session, when it was replaced by a 764-page Senate amendment. The resulting revised bill was then unveiled for the first time in both legislative houses in the waning hours of the last day of a lame duck session. Read more:
Chicago Tribune » Pritzker Says Lawmakers Likely Will Address ‘SAFE-T Act' Concerns During Fall Veto Session Illinois county board OKs resolution to oppose controversial SAFE-T Act Amber Alert canceled: Missing Columbia County teen found safe, deputies say Opinion There Is a Way to Make America Safe for Democracy

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CNN News, delivered. Select from our newsletters below and enter your email to subscribe. Read more >> Pritzker Says Lawmakers Likely Will Address ‘SAFE-T Act' Concerns During Fall Veto SessionFacing mounting criticism from a variety of groups and officials over provisions of the “SAFE-T Act” that will ban cash bail in the state beginning on Jan. 1, Illinois Gov. J.B. Pritzker encouraged lawmakers to take up any provisions they deem necessary to clarify and improve the measure. JBPritzker I will believe you the day you can look down and see your pnis without a mirror Wow Illinois county board OKs resolution to oppose controversial SAFE-T ActThe McHenry County Board has voted to oppose a controversial Illinois public safety law set to take effect next year. So, McHenry County is home to common sense.... Amber Alert canceled: Missing Columbia County teen found safe, deputies sayThe Columbia County Sheriff’s Department is seeking the public’s help to find a 16-year-old girl who was reported missing in Columbia County. Opinion There Is a Way to Make America Safe for Democracy“If majoritarian democracy, even at its most shackled, is a better safeguard against tyranny and abuse than our minoritarian institutions, then imagine how we might fare if we let majoritarian democracy actually take root in this country,” jbouie writes. jbouie No thanks, we already know mob rule is not good! jbouie Pure majoritarian rule devolves into ochlocracy brainiacs Is It Safe To Eat Raw Oats?-Eat This, Not That!With popular oat-based recipes like overnight oats or oat smoothies, you may be wondering if it is safe to eat raw oats. Read to learn more. PolitiFact - Marco Rubio said someone could blow up a ballot drop box, ignoring safe track recordMarco Rubio’s warning that someone could blow up a ballot drop box ignores they have safely been used for decades in some cities and states. Florida law requires multiple security measures to protect ballots. I think it was an instruction, not a warning. You are fakenews. Nice opinion check... Oct 20, 2022 at 12:05 pm Expand Pens are prepared before Gov.Chicago Forecast: Warming Begins Thursday Under the provisions of the bill, as passed by the General Assembly, the state will allow judges to determine whether individuals accused of a specific set of felonies and violent misdemeanors pose a risk to another individual, or to the community at large.SUBSCRIBE TO THE FOX 32 YOUTUBE CHANNEL The board also passed a resolution Tuesday opposing House Bill 3447 by a vote of 14-6, the statement said.The Columbia County Sheriff’s Department said a 16-year-old girl who was reported missing Thursday night in has been found safe. J.B. If the judge makes any of those determinations, then the defendant may be held in jail prior to trial. Pritzker signed HB 3653, the criminal justice reform bill on Feb. "By opposing the SAFE-T Act and House Bill 3447, McHenry County is sending a clear message to Springfield that we oppose legislation that could put criminals back on the streets and decriminalize illegal drugs in our community. 22, 2021, at Chicago State University. J. (Brian Cassella / Chicago Tribune) House Bill 3653, also known as the SAFE-T Act, started as a short, uncontroversial shell bill unanimously passed in the House and sent to the Senate. The two were believed to be traveling in a 2001 gold Toyota Sienna with a dent on the front passenger side and a sticker on the bottom left and right rear windshield. It resided there for almost two years, until, a short time before the start of the normal legislative session, when it was replaced by a 764-page Senate amendment. Pritzker has faced criticism and questions on multiple fronts during this election cycle, but what did he have to say about the amount of money spent on his reelection bid, his travel impact on the climate, and more? Here’s NBC 5 Political Reporter Mary Ann Ahern. DAILY NEWSLETTER All the news you need to know, every day By clicking Sign Up, I confirm that I have read and agree to the. The resulting revised bill was then unveiled for the first time in both legislative houses in the waning hours of the last day of a lame duck session. On Jan. Detention hearings are not mandatory for crimes that include probation as a possible punishment, but judges can still make the determination to keep those defendants incarcerated pending trial if they determine they are a risk to the public. 13, 2021, a Senate committee approved the newly revised bill, and the Senate passed it and sent it to the House, which employed the same lightning-fast procedures used by the Senate. That was in obvious violation of the constitutional requirement that “a bill shall be read by title on three different days in each house. Republicans have largely blasted the measure, and some state’s attorneys on both sides of the aisle have challenged the legislation in court. Copyright 2022 by WJXT News4JAX - All rights reserved. ” The bill was passed despite objections based on insufficient time for reading and understanding. Advertisement This hasty passage, absent transparency, has resulted in various remedial revisions. He also argues that the statute is worded too vaguely, and that it could be interpreted in different manners in different counties. And now, after several state’s attorneys of both political parties filed lawsuits challenging the act, elected constitutional officers and various legislators have promised that clarifications, adjustments and tweaks will occur after the November election, either during the veto session or in the lame duck session. But “clarifications, adjustments and tweaks” cannot salvage the act. Bailey has argued that , accusing Democrats of “making life easier for criminals” during a gubernatorial debate. It is irretrievably unconstitutional. The Illinois Supreme Court has uniformly held that violation of the constitutional requirement that bills “shall be confined to one subject” results in rendering an act null and void from its very beginning. The act’s multiple unrelated subjects — including the end of cash bail on Jan. 1 — ensures its demise. As the Supreme Court has made clear, it is futile to try to salvage a null and void act by seeking to explain or amend it. Advertisement The legislature’s policy-driven decision to avoid transparency — especially on a bill of monumental significance — deprives legislators of the ability to understand a pending bill and to fully engage in reasonable debate. Lack of transparency also denies citizens information to determine the legitimacy and wisdom of proposed legislation and whether our elected representatives are acting in our best interests. When the legislature refuses to act transparently, false or insufficient information about the subject matter — from citizens, politicians and even the news media, whether inadvertent or intentional — inevitably fills the gap. Imminently approaching is our vote on Amendment 1, a proposed constitutional amendment that supporters have given the widely accepted title of the Workers’ Rights Amendment. Amendment 1 provides another interesting example of how lack of transparency invites misinformation. Though a law may be amended or replaced by another law, a constitutional amendment is different. It trumps all laws that are inconsistent with its requirements, thus automatically overriding existing Illinois statutes. It’s different also because, unlike mere lawmaking, such amendments face rigorous requirements that make overturning them difficult — unless, as in the Workers’ Rights Amendment, lack of transparency and misinformation are in play. Consider the Illinois law requiring that, when a constitutional amendment is scheduled for the ballot, a pamphlet providing the amendment and arguments for and against it must be sent by the secretary of state to every Illinois mailing address. But that statute, so vital for enlightenment, was amended by the legislature, effective on April 15, as part of Public Act 102-699 . The amended statute provides that, for the general election on Nov. 8, in lieu of mailing the pamphlets, a postcard shall be sent “advising that a proposed constitutional amendment will be considered at the general election.” Except for that information, no other explanation of the amendment is provided, except for a lengthy link to the secretary of state website to obtain information previously provided by mailed pamphlets. The lack of transparency leads to several questions: How many Illinoisans followed the link concerning the proposed amendment? How many read the explanation and understood it? Why did the legislature determine that a constitutional amendment is preferable to lawmaking? Would the amendment result in significant tax increases? Should public-sector unions for government workers have the constitutional fundamental right to collectively bargain? Could public-sector unions strike if their fundamental demands are not met? Because there are collective bargaining rights under federal law, the amendment would have limited effect on private-sector unions. The SAFE-T Act is now before the courts and thus beyond our ability to have influence except to demand answers from our elected representatives responsible for the shocking lack of transparency that gave rise to it. But Amendment 1 has flown under the radar for too long. As early voting continues, there’s reason for concern and little time for answers. Advertisement We must have answers because transparency is the lifeblood of democracy. We must demand transparency from our elected representatives to ensure that misinformation does not end up filling the gaps left by the absence of transparency. Gino DiVito is a co-founder and a partner in the Chicago law firm Tabet DiVito & Rothstein LLC. He formerly was a trial court judge and a justice of the Illinois Appellate Court. Submit a letter, of no more than 400 words, to the editor .