SPRINGFIELD, Ill. (WAND) — 2023 was another busy year for lawmakers and advocates at the Illinois Capitol. From implementation of the Pretrial Fairness Act to a prohibition on book bans, WAND News Capitol Reporter Mike Miletich has a full breakdown of the top political stories of the year.

Pretrial Fairness Act

Roughly half of the state attorneys and sheriffs in Illinois filed lawsuits against the pretrial fairness portion of the SAFE-T Act. Yet, Democrats on the Illinois Supreme Court found that there is no mandate that cash bail is the only means to ensure defendants appear for trial or to protect the public.

"It was seven years ago when a bunch of us came together and walked into meetings and we were met with laughter and insults," said Sen. Robert Peters (D-Chicago). "It was seven years ago when a bunch of us were told that what we were proposing was the impossible. But that was seven years ago."

The decision wasn’t surprising since the Illinois Supreme Court Commission on Pretrial Practices endorsed bail reform in 2020. Still, Republican lawmakers believe the Pretrial Fairness Act is poor public policy.

"The governor and his allies will be taking a victory lap on their first-in-the-nation criminal justice system overhaul," said Sen. Terri Bryant (R-Murphysboro). "But to me and many of the people we represent, defunding our courts, limiting victims services and making law-abiding citizens pay for criminals’ bail with their taxes is just not justice."

While Republicans claim the law violates the state’s Crime Victims Bill of Rights, survivors helped draft the SAFE-T Act and multiple trailer bills.

"The Pretrial Fairness Act substantially advances public safety by improving their ability – the ability of people who have endured sexual harm – it improves their ability to speak and be heard by the criminal legal system," said Kaethe Morris Hoffer, Executive Director of the Chicago Alliance Against Sexual Exploitation.

Sponsors hope judges, state attorneys and the public will rely on facts rather than fiction moving forward.

"Lower-level non-violent offenses are not going to be eligible for detention," said Rep. Justin Slaughter (D-Chicago). "But those higher level offenses will be indeed eligible for detention."

A limited number of felonies and a small number of misdemeanors are for detention if the state can prove defendants pose a specific, real and present threat to others. Those include non-probationable forcible felonies such as murder, attempted murder, armed robbery, home invasion and vehicular hijacking.

All forms of sexual assault, criminal sexual abuse, child pornography, human trafficking, and any charges relating to sexual misconduct with minors are also detainable charges. Domestic violence charges and non-probationable gun-related felonies fall under the same rule, according to the detention eligibility net.

Assault Weapon Ban

Illinois lawmakers also passed a ban on assault weapons and high capacity magazines in response to the Highland Park mass shooting that left seven dead and 48 others injured.

Democratic lawmakers knew they had to act quickly to address assault weapons with or without Republican support.

"After nearly every mass shooting, we’ve seen efforts to ban dangerous weapons thwarted," Gov. JB Pritzker said on January 10. "Then leaders send their thoughts and prayers while they throw their hands up resigning themselves to the idea that gun violence is a sacrifice that Americans must accept."

The Protect Illinois Communities Act prohibits people from purchasing, selling, manufacturing and delivering assault weapons and high-capacity magazines. Rep. Dan Caulkins (R-Decatur) filed a lawsuit against the plan in Macon County where a local judge found the law unconstitutional. Although, the Illinois Supreme Court upheld the assault weapons ban in August.

Justice Elizabeth Rochford wrote that Illinois gun owners do not have the same standing and background as trained professionals who use assault weapons. Rochford, Chief Justice Mary Jane Theis, and Justices P. Scott Neville and Joy Cunningham also noted that plaintiffs waived any Second Amendment challenges to the law because it wasn’t included in the Caulkins complaint in Macon County.

"The Illinois Supreme Court has shown itself to be very political," Caulkins said. "I think we have three lawyers left on the Supreme Court. They agreed with us."

Caulkins is upset that active and retired law enforcement will be able to buy and use assault weapons but most of the state’s FOID card holders cannot do the same unless they register their firearms with the Illinois State Police.

Now, anyone who owns assault weapons, assault weapon attachments, .50 caliber rifles, and .50 caliber cartridges is required to register them through their FOID card account by Monday. Many gun owners hope the U.S. Supreme Court will overturn the ban in 2024.

Invest in Kids Scholarship Program

While state lawmakers passed several plans during veto session this fall, they left Springfield without extending a controversial scholarship program helping low-income families send their kids to private schools.

The Invest in Kids program allows people to receive a 75% tax credit if they donate to private school scholarship funds. Republicans and advocates claim 9,600 students who currently receive scholarships will have to find new ways to pay for school or transfer to public schools.

"The body seems completely fine with kicking these students out of the schools that they choose and forcing them back into government schools that have failed them and failed their communities," said Rep. Blaine Wilhour (R-Effingham).

The scholarship program will sunset at the end of the year. The Illinois Federation of Teachers said ending the Invest in Kids program prioritizes the needs of public schools and guarantees equal opportunities for Black, Brown, LGBTQ+ and special education students.

"There is a nationwide push to divert public dollars from our public schools through vouchers or voucher-like programs like tax credit scholarships and education savings accounts," said IFT President Dan Montgomery. "Illinois lawmakers chose to put our public schools first and end the state program that subsidized private, mostly religious schools, many of which have discriminatory policies."

Prohibition on book bans

Illinois also became the first state to prohibit book bans in public schools and libraries. While other Democratic states hope to replicate the plan, a growing number of Republican governors are pushing legislation to remove books about the history of racism and the LGTBQ community.

Republican senators don’t agree with the idea that Illinois can only provide grants to libraries adhering to the American Library Association’s Library Bill of Rights. Sen. Lindsey Graham (R-South Carolina) said taxpayers should not have to "shut up" and let government decide what is the best for the community libraries.

"Illinois, you do it the way you want. Florida, you do it the way you want," Graham said. "Each school library, you’ll decide. But the day that a parent, a concerned citizen, can’t come forward and say I object without being humiliated is a bad day for America."

A recent study by the American Library Association found 71% of Americans oppose book bans in public libraries. Researchers also said 67% of Americans oppose banning books in school libraries.

"These campaigns to censor books are unconstitutional and against every person’s right to intellectual freedom," explained Emily Knox, an associate professor in the School of Information Sciences at the University of Illinois Urbana-Champaign. "That is the right of every individual to hold, express opinions, and seek access, receive and impart information and ideas without restriction."

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