Statement from DuPage County State’s Attorney Robert Berlin and Kane County State’s Attorney Jamie Mosser Regarding Filing Emergency Motion for Supervisory Order in the Illinois Supreme Court Regarding Safe-T-Act Implementation
DuPage County State’s Attorney Robert Berlin, a Republican, and Kane County State’s Attorney Jamie Mosser, a Democrat, on October 3, 2022, accepted an invitation from Illinois Senate President Don Harmon’s Deputy Chief of Staff to serve on a group of stakeholders that included only three State’s Attorneys to remedy what we and many others viewed as glaring deficiencies in the new Safe-T-Act legislation as written and passed by the General Assembly.
DuPage County State’s Attorney Robert Berlin, a Republican, and Kane County State’s Attorney Jamie Mosser stated today, Friday, December 30, 2022 that they are very proud of the work of the stakeholders and the improvements advanced by this group, which were passed by the General Assembly and signed into law by the Governor on December 6, 2022. The state’s attorneys wrote that it is their opinion that these amendments go a long way in rectifying many, but not all, of the anticipated problems if the law was allowed to go into effect as written.
As State’s Attorneys for Illinois’ second and fifth largest counties, our top priority is to protect the public. We have no personal or political agenda regarding the Safe-T-Act and remain committed to serving the residents of DuPage and Kane Counties under legislation passed by the General Assembly and signed into law by the Governor.
— DuPage County State’s Attorney Robert Berlin and Kane County State’s Attorney Jamie Mosser
Recent legal filings and court rulings however, have put the implementation of the Safe-T-Act into question, specifically, confusion statewide regarding the legal impact of 21st Circuit Court Judge Thomas Cunnington’s ruling on all 102 counties in Illinois. This afternoon, the DuPage County and Kane County state’s attorney’s offices filed an Emergency Motion for Supervisory Order with the Illinois Supreme Court seeking clarification regarding implementation of the Act which will go into effect on January 1, 2023. Specifically, the Motion asks the Supreme Court to “exercise its supervisory authority to enter an order sufficient to maintain consistent pretrial procedures because without such an order, defendants in different jurisdictions will be subject to different treatment upon arrest and throughout pretrial proceedings, creating an equal protection problem for citizens across the State.”
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