Death Penalty Should Apply To Cop Killers, Mass Shooters: Rauner
The governor proposed a new offense called "death penalty murder" and various other initiatives in an amendatory veto of a gun control bill.
By Jonah Meadows, Patch Staff | | Updated
CHICAGO — Gov. Bruce Rauner issued a series of gun control and criminal justice proposals Monday. His six-point plan include a reinstatement of the death penalty, emergency orders to disarm gun owners, a ban on bump stock and trigger crank devices and measures to improve school safety. The governor's office announced the "precedent-setting public safety initiative" Monday at the Illinois State Police Forensic Science Center as part of an amendatory veto of House Bill 1468, sponsored by Rep. Jonathan Carroll (D-Northbrook).
The bill passed through the House in February by 79-37 and was approved by the Senate by a vote of 43 to 15 the following month. Now greatly expanded by the governor's veto, the law's original scope was limited to applying the same 72-hour waiting period currently required after buying a handgun to purchasers of assault-style and .50 caliber firearms.
At the time, Carroll described it as a "fairly straightforward" move to close what he described a loophole that allowed for AR-15s and other semi-automatic rifles to be purchased with just a 24 hours waiting period. No Republicans spoke against the bill during its House floor debate. It was sent to the governor's desk on March 15. The changes introduced by the governor all but guarantee the amended bill will not pass.
The governor's initiative applies the waiting period to all gun purchases while also creating a new category of homicide called "death penalty murder." Those aged 18 and over accused with killing police officers or two or more people could be charged with the offense, according to a release.
"It is a comprehensive package. It is the thoughtful package. It is good policy. Every one of these six points will significantly improve the safety of the people of Illinois and each piece is critically important," Rauner said. "Individuals who commit mass murder – individuals who choose to murder a law enforcement officer – they deserve to have their life taken. They deserve that."
Capital punishment was in place in Illinois until former governor George Ryan declared a moratorium on the practice in 2000 due to the number of wrongfully convicted inmates on death row. From 1976 until that time, 12 people were executed by the state, and 20 people were exonerated. Rauner's predecessor, Pat Quinn, signed a bill repealing the death penalty in 2011.
Rauner said the new and improved death penalty would have a higher standard than "beyond a reasonable doubt." Alleged mass murderers and cop-killers would have to be convicted by juries "beyond all doubt." Appeals courts would then also have to apply the same new standard and conduct an independent review of the evidence while ignoring the jury's verdict.
"We want to raise the standard because we recognize legitimate concerns about the death penalty," Rauner said. "We are intent on avoiding wrongful convictions and the injustice of inconsistency."
The amendatory veto includes a bump stock ban identical to the one included in Senate Bill 2343, which was passed by the Senate last month and currently sits in the House judiciary committee. The governor's office said there is broad agreement among experts that the accessories are not firearms, the ban does not violate anyone Second Amendment rights.
The governor's plan also includes a gun violence restraining order, which he said balances Constitutional rights with the public interest in preventing gun violence. An emergency order 14-day could be triggered by law enforcement or family members to take away firearms for two weeks to someone deemed to be a danger to themselves or others. Officers would still need a probable cause warrant to seize firearms. A six-month order restricting gun possession could only be put in place after a full hearing.
"We need a streamlined mechanism to allow family members and others to flag the need to remove firearms from the hands of people who pose an immediate and present threat to the public or themselves," Rauner said. "At the same time, we must protect the rights of law-abiding gun owners and ensure speedy resolution of the issue requiring clear and convincing evidence."
Other parts of the plan include an amendment to the County School Facilities Sales Tax law that would give local school districts more authority to use revenue to pay school resource officers or mental health workers based on their determinations of where they are needed, follow a task force recommendation to conduct threat assessments of schools, support more active shooter drills and "harden" school facilities. The proposal also has a plan to train more state troopers, improve treatment on substance abuse and mental illness and a proposal for 327 "Opportunity Zones" to get federal assistance.
Republican leadership issued a statement broadly in support of the plan.
"I believe that reinstating society's most serious penalty for the most serious of violent crimes, with the proper safeguards, is an appropriate response to the horrific violence we have witnessed far too often in recent times," said Senate GOP leader Bill Brady. "The Governor's action today recognizes the need for a multi-pronged approach to dealing with deadly assaults. As part of that, those who choose to murder innocent victims in mass attacks or kill law enforcement officers should know they face the severest of sentences."
The Fraternal Order of Police is very supportive of the death penalty proposal. They told WLS they believe it will improve safety for officers. Gallup polling indicates support for capital punishment nationwide is at its lowest since 1972.
The amendatory veto (Read the full text) was filed Monday with the Illinois House, which will consider the changes. Lawmakers there will first consider whether the veto comports with the Constitution, according to a representative of Speaker Mike Madigan, who told the Chicago Sun-Times it was "absurd" how the governor has introduced the proposal.
"I guess there's no negotiations," said Madigan spokesman Steve Brown.
In a response to the veto, Caroll, the bill's sponsor, said he was blindsided and accused to governor of prioritizing his own politics over "good policy" that got bipartisan support in the House and Senate.
"Without any word from the governor, he decided to veto it and change the language putting politics ahead of good policy," Caroll said in a release. "Now I understand that instead of working with me towards a responsible solution for gun safety he's decided to hijack my legislation for his own political gain."
Summary of Gov. Bruce Rauner's amendatory veto of House Bill 1468:
- 72-hour waiting period for delivery of any gun purchase.
- A ban on bump stocks and trigger cranks.
- Emergency restraining orders to disarm dangerous individuals.
- Requirement for judges and prosecutors to provide on-the-record explanations of why charges for violent offenders in gun cases are reduced.
- Allow local school districts more discretion over revenue to hire resource officers and mental health workers to reduce school violence.
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