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posted on 6/18/21

Illinois and many other states have seen a considerable increase in police retirement and leaves of absence. Many police officers feel demoralized by defunding the police movement and are concerned about personal liability. Illinois’s new police reform law adds several different types of police misconduct and makes it more difficult for police officers to justify using lethal force to protect citizens and themselves from criminals in the street.

Changes to What Constitutes Misconduct

Under the new law, law enforcement misconduct is considered a class 3 felony. Facing a class 3 felony charge is serious, and an officer’s job, future and freedom are at risk when charged with this type of crime. Class 3 felony carries a jail sentence between two and five years plus one year of mandatory supervised release. Convicted police officers can also face fines of up to $25,000. The following types of misconduct warrant a class 3 felony charge under the new law:

The police officer misrepresents or fails to provide facts describing an incident in any report or during the investigation regarding the law enforcement employees conduct;
Withholds any knowledge of the misrepresentation of another’s law enforcement officer from the law enforcement employee’s supervisor, investigator, or other person or entity tasked with holding the law enforcement officer accountable; or
The police officer fails to comply with state law or their department policy requiring the use of officer-worn body cameras.

A police officer might misrepresent the facts of an incident without intending to do so. Even when an officer is trying to recall what happened and in advance, he may miss an important fact due to the shock of the incident. Or the officer may not have seen or heard something that occurred. If this occurs, the officer is subject to being charged with a felony.

Changes Made to Policy Writing Reports

Under the new law, police officers are not allowed to check video footage from their body cameras when writing their reports of what occurred during an arrest. As a result, it will be infinitely more difficult for officers to recall exactly what happened and write it down entirely accurately. In many cases, police officers only have seconds to analyze the situation and respond.

Many of the provisions in Illinois’ new criminal justice reform law are highly controversial. In fact, due to a change in the state laws governing use of force by police officers, law enforcement agencies in North Dakota have stopped participating in a mutual-aid agreement with Minnesota due to Minnesota’s new use of deadly force requirements. As a police officer, you may bear the brunt of this new law. If you have not received extensive training about the provisions in the law, it can be challenging to know what to do to comply.

Consult With a Chicago Police Defense Lawyer Today

In the coming months, we will likely see police officers who are innocent and did not intend to violate the law face criminal charges or civil penalties, such as suspension or termination. If you have been charged with a crime or you are worried about losing your job, we recommend consulting with one of the aggressive, award-winning criminal defense lawyers at Glasgow & Olsson. Your future and reputation are on the line.

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. Contact Glasgow & Olsson today to schedule your initial consultation to learn how our legal team can fight for your rights.