Illinois House Bill Reinforces Constitutional Rights for Criminal Defendants

 Posted on April 30, 2021 in Illinois criminal defense lawyer

Earlier in 2021, the Illinois legislature passed House Bill 3653, known as the Criminal Justice Omnibus Bill, and Governor Pritzker subsequently signed it into law. The bill provides for substantial policing reforms, as well as significant changes to how defendants are treated in the Illinois criminal justice system. Parts of the bill take effect on July 1 of this year, while others will be phased in over time. If you are arrested on criminal charges in the coming months and years, you are likely to benefit from the additional protections the bill provides for your constitutional rights.

Criminal Defendants’ Rights in Illinois

The Bill of Rights in the U.S. Constitution provides several important protections for people who are charged with a criminal offense. These constitutional rights apply in both federal and state cases. If you are charged with a crime, you should be sure to understand the following:

• The Fourth Amendment provides protection from unreasonable search and seizure of your person or property, which typically means searches without a warrant, consent, or probable cause.

• The Fifth Amendment provides protection from self-incrimination if you are arrested. This is commonly referred to as your Miranda Rights, or the right to remain silent. The Fifth Amendment also ensures due process when you are charged with a crime.

• The Sixth Amendment provides you the right to representation by an attorney, as well as the right to a trial by jury.

• The Eighth Amendment protects you from cruel and unusual punishment and excessive bail.

How Does House Bill 3653 Protect Your Rights?

The new Illinois house bill offers increased protection for criminal suspects and defendants in a number of ways. For example:

• By January 1, 2025, all law enforcement officers in Illinois will be required to wear body cameras, increasing their accountability when making arrests and carrying out other policing duties.

• Law enforcement officers will be subject to greater restrictions regarding their use of force, including when force is warranted and what kind of force is permitted.

• Officers will be required to take precautions to protect vulnerable people when executing a no-knock search or arrest warrant.

• People taken into police custody will be guaranteed three completed phone calls at no cost within the first three hours of custody. These calls can be used to contact an attorney, family members, or other acquaintances.

• By January 1, 2023, cash bail will be abolished in Illinois, and the state will instead use pretrial release procedures that allow for release under certain conditions or on the defendant’s own recognizance.

Contact a DuPage County Criminal Defense Attorney

If you have been arrested and charged with a crime, it is crucial that you know your rights and that you have an attorney who can help you protect them. Attorney Stephen A. Brundage aggressively defends clients facing a variety of serious criminal charges, and he can help you use new and existing Illinois laws to your advantage. For a free consultation with a Wheaton criminal defense lawyer, contact us today at 630-260-9647.

Sources:

https://www.archives.gov/founding-docs/bill-of-rights/what-does-it-say

https://www.civicfed.org/iifs/blog/summary-provisions-illinois-house-bill-3653-criminal-justice-omnibus-bill