Illinois bill proposes mental health defense for attacks on police

SPRINGFIELD, Ill. (WTVO) — An Illinois legislator has introduced a bill that allows an offender who attacks a police officer to claim a legal defense if they say they were suffering a mental health episode.

House Bill 3458, introduced by Rep. Lisa Davis (D) would provide “a defense to aggravated battery when the individual battered is a peace officer and the officer responded to an incident in which the officer interacted with a person whom a reasonable officer could believe was having a mental health episode and the person with whom the officer interacted has a documented mental illness and acted abruptly.”

Under current Illinois law, a person can be charged with aggravated battery if they attack a police officer, fireman, security officer, correctional officer, or Department of Human Services employee.

“Let me be clear: Excusing bad and violent behavior under the guise of mental health is totally inappropriate,” said Rep. John Cabello (R-Machesney Park), a former police officer. “This idea puts officers at greater risk, dismisses the seriousness of mental health, and makes law enforcement’s job even tougher.”

“Time and time again, we see Democrats claim they support law enforcement, while their policies tell a different story,” said Cabello. “Instead of giving police the tools they need to fight crime, they push laws that make their jobs harder and put criminals first.”

The bill has been referred to the Rules Committee for consideration.