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The controversial practice of “policing for profit” in Illinois would come to an end under a massive overhaul of the state’s civil asset forfeiture law sponsored by Senator Don Harmon (D-Oak Park).
Senate Bill 1578 would require more accountability of law enforcement agencies that seize property while investigating possible crimes and more transparency on behalf of innocent property owners who want to get their belongings back.
As currently written, Illinois law incentivizes police agencies and prosecutors to seize cash, cars, land and other property from people suspected of – but not necessarily charged with or convicted of – criminal activity. The property frequently is forfeited and auctioned off, with proceeds going into the police department coffers.
“Illinois has allowed a system to take root in which grandparents, for example, can be exploited by the justice system simply because they loaned their only car to a relative whom they didn’t realize had a revoked license. The next thing they know, that relative is in jail, the car is impounded, and they have limited recourse for getting it back,” Harmon said.
Critics of the state’s current law cite numerous problems with it. For example, it’s unclear if probable cause is a requirement for police to seize property in Illinois. Even if an owner is never charged or convicted of a crime, law enforcement agencies are not obligated to return property that was seized during an investigation.
Further, current state law makes it especially difficult for people to reclaim their property through the court system.
Read more: Harmon measure targets Illinois’ murky police property seizure laws
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SPRINGFIELD – Senator Don Harmon, an Oak Park Democrat and president pro tempore of the Illinois Senate, issued the following statement today reacting to the governor’s budget address to the General Assembly:
“I am alarmed that Gov. Rauner was no more prepared today to propose a balanced budget to the General Assembly than he was on this day in 2016 or in 2015.
“For nearly 200 years Illinois governors considered it a duty to set the spending priorities for the state and did their best to work with the legislature to be responsible to taxpayers – especially when times were tough. Not this governor. He considers it a political liability.
“Illinois is facing tough times now, and they’re getting tougher by the day because Gov. Rauner lacks the courage to do the job that 41 governors before him managed to do.
“The governor can continue to sit on the sidelines while my colleagues and I in the Senate do his job for him. We’ll craft a budget for the people of Illinois and save the state from financial ruin. All he has to do is stay out of our way, let us do his job and not make it more difficult for us.”
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SPRINGFIELD – Senator Don Harmon, an Oak Park Democrat and president pro tempore of the Illinois Senate, issued the following statement regarding Wednesday’s movement toward a grand bargain budget deal:
“Governing is messy. So is negotiation. Yet, today we passed three good-government measures, negotiated by both parties, in our drive toward a budget grand compromise. Saying yes to government consolidation, procurement reform and financing relief for municipalities all in one day is no mean feat.
“Clearly, the Senate has more work to do on this bipartisan grand compromise of ours, but I cannot stress enough that time is of the essence. We need to pass the remaining components of the deal as soon as possible, because the fallout from the state’s fiscal crisis will continue to worsen.
“Every day, Gov. Bruce Rauner spends $11 million more than the state has available to spend. I hope he will stop his allies from opposing our compromise, engage in honest negotiations and begin to use his office to lead – not to interfere with the Senate’s efforts.”
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SPRINGFIELD – Senator Don Harmon (D-Oak Park) and a bipartisan group of Springfield lawmakers today called for renewed contract negotiations between Gov. Bruce Rauner and the union that represents 38,000 Illinois state workers.
Harmon noted his support of a measure that would have allowed interest arbitration in the event of an impasse between Rauner, whose anti-union sentiments are well documented, and the American Federation of State, County and Municipal Employees.
“Twice I passed a bill that would provide for interest arbitration. Twice the governor vetoed that bill, and twice the General Assembly failed to override the veto,” Harmon said. “The governor’s rationale at the time was that he was willing to stay at the bargaining table and negotiate a deal. That sentiment appears to have vanished.”
AFSCME – the American Federation of State, County and Municipal Employees – is the largest union representing state government employees. No contract negotiations between the Rauner administration and the union have occurred since Jan. 8, 2016, when the administration claimed the parties were at impasse.
More than 30 state lawmakers of both parties and both houses of the Legislature gathered for a news conference Wednesday to show their support for continued good-faith negotiations between the administration and union representatives to avert a labor disruption and bring about an acceptable compromise.
“I think it is critically important to the people of Illinois that we try to reach an agreement that is fair to everyone and enables us to continue to provide vital services,” Harmon said, adding that Gov. Rauner is not practicing what he preaches when he refuses to participate in negotiations.
“The governor is demanding that the legislative leaders join him at a bargaining table every day to discuss his agenda and its impact on our state budget,” Harmon said. “I would hope that he would hold himself to that same standard in negotiating with the union and return to the bargaining table immediately.”