This February, Representative Lisa Davis (D) released a codified version of the bill HR 3458 which seeks to alter the terms of legislation in Illinois which states that a person who attacks a peace officer can be charged with aggravated battery. Under Rep. Davis’s proposed alternative legislation, the bill would provide that it is a defense to aggravated battery if a police officer interacted with an individual who could be reasonably believed to be having a mental health episode. Essentially, this text allows mental illness to function as an excuse to attack a police officer as there is no specific grounds for what qualifies as a mental health attack. Davis’ bill does not specify whether or not these mental health episodes have to be an isolated event or an ongoing problem.  

Rep. Davis’ proposal would legalize these attacks on peace officers, but other first responders would be spared from such a change; Davis’ husband is a firefighter and as such would not suffer from these legalized assaults. The bill has been referred to the Illinois General Assembly Rules Committee, where hopefully the bill will remain pending due to unpopularity. Although the bill has two cosponsors, Reps. Marcus Evans and Kelly Cassidy, many have expressed strong disapproval, including Republican Representative John Cabello,  a former police officer. In response to the legislation he said, “Let me be clear: Excusing bad and violent behavior under the guise of mental health is totally inappropriate. This idea puts officers at greater risk, dismisses the seriousness of mental health, and makes law enforcement’s job even tougher.” This bill has no regard for the intensity of police officers’ jobs which require them to respond to dangerous situations with clarity and bravery; they must make a necessary decision when it is proper to deescalate incidents of individuals exhibiting violence or harm. There is no consideration for the gravity of the risk which officers undergo daily for the protection of their communities with Davis’ proposal. 

Critics of this bill, including many police officers, argue that the bill may encourage individuals to feign a mental health episode to justify violence and attacks against law enforcement. A similar bill was introduced in Virginia in 2023 but failed to pass as it was received with strong pushback. We must continue to speak out against the foolishness of undermining the seriousness of not supporting the police. Democrats continuously claim that they stand with our law enforcement officers, yet their policies fail to fulfill these promises. We must give the police the tools they need to fight crime and protect their communities, not creating laws which make their jobs more difficult.