Illinois SAFE-T Act faces next test in court, where opponents say it violates state Constitution

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Illinois SAFE-T Act faces next test in court, where opponents say it violates state Constitution
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The SAFE-T Act Illinois criminal justice reform law will face a test in Kankakee County Circuit Court. Opponents say it violates the IL Constitution.

Now, the controversial SAFE-T Act faces a new test in court, where opponents argue the General Assembly "doubled down" on violations to the state Constitution when they amended it earlier this month.

The case before Cunnington will likely be the first of many legal challenges to the SAFE-T Act. The lawsuit raises some of the same questions that led lawmakers to pass clarifying changes on Dec. 1. But at its core, the lawsuit revolves around whether the law aligns with Illinois' Constitution, both in its content and in its passage.

RELATED: Illinois SAFE-T Act 2023: Lawmakers pass revised version of controversial bill about cash bail SAFE-T Act supporters have pointed out that, under the current system, people are often let out of jail on their own recognizance, without posting bond. Opponents call that a "red herring," insisting that judges "cannot be deprived of the ability to impose monetary bail."

She said the other argument, that judges can't be deprived of the ability to impose monetary bail "does not ring true."

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