The McHenry County state’s attorney, who is leading 60 state’s attorneys in a lawsuit challenging the SAFE-T Act, filed a motion Wednesday asking a judge to make a ruling in the case.
Over five dozen state’s attorneys filed lawsuits challenging the constitutionality of the Safety, Accountability, Fairness and Equity Today (SAFE-T) Act.
The law will abolish cash bail in Illinois starting on January 1.
The McHenry County State’s Attorney’s Office filed its lawsuit in September and alleged the SAFE-T Act violates the Illinois Constitution and is a “threat to public safety.”
The Illinois Supreme Court late last month combined all the lawsuits to the 21st Judicial Circuit Court in Kankakee County.
Six state’s attorneys, including McHenry County State’s Attorney Patrick Kenneally, were selected to be lead counsel.
The plaintiffs filed a motion Wednesday afternoon for summary judgment, which means the court rules on the case without a full trial.
“As the case will be decided on legal issues, the parties have agreed to an expedited briefing schedule on cross-motions for summary judgment,” the McHenry County State’s Attorney’s Office said.
“A summary judgment occurs when a court decides the outcome of a case based on legal arguments without empaneling a jury, swearing in witnesses, or hearing evidence in open court,” the office added.
In the motion, the plaintiffs allege the SAFE-T Act violates several parts of the Illinois Constitution, including the single-subject clause in Article 4, Section 8 which requires that bills “shall be confined to one subject.”
They also allege the act is “replete with so many internal inconsistencies, undefined terms, and unclear standards that raise significant questions surrounding its enforcement and application as to render it unconstitutionally vague.”
The state’s attorneys asked the court to grant their motion for summary judgment, declare the SAFE-T Act unconstitutional and enter an order restraining the enforcement of the act.
A ruling is expected around December 13, according to the briefing schedule.