FAYETTE COUNTY — Fayette County State’s Attorney Josh Morrison has joined other prosecutors across Illinois in filing a lawsuit against Governor J.B. Pritzker, Illinois Attorney General Kwame Raoul, Illinois Speaker of the House Emanuel Welch, and Illinois Senate President Donald Harmon.

The action challenges the constitutionality of HB3653, the Illinois Safety, Accountability, Fairness and Equity-Today (“SAFE-T Act”), which imposes significant changes impacting many aspects of the criminal justice system, including pre-arrest diversion, policing, pretrial, sentencing, and corrections.

Morrison filed the case Friday in Fayette County Court in his capacity as Fayette County’s State’s Attorney and on behalf of the People of the State of Illinois. Fifty-six state’s attorney’s across the state have filed similar lawsuits in their counties.

The lawsuit seeks injunctive relief on the basis that the SAFE-T Act violates the Illinois Constitution, specifically the bail provisions, single-subject rule, separation of powers, and three-readings requirement, as well as being unconstitutionally vague.

Since the passage of HB3653, the overwhelming majority of state’s attorneys and law enforcement agencies have expressed their opposition to the manner in which the legislation was passed, as well as public safety concerns related to the new pre-trial detention rules.

In particular, the “SAFE-T Act” eliminates cash bail as of January 1, 2023, and strips the judiciary of its ability to balance the rights of the accused to be free on bail against the rights of the public to receive reasonable, protective consideration by the courts.