Illinois bill proposes mental health defense for attacks on police

• Illinois House Bill 3458 could decriminalize attacks on police officers if the aggressor was experiencing a mental health episode. It would need to be based on a documented history of mental illness.
• Critics, including police officers, argue that the bill may encourage individuals to feign mental illness to justify violence against law enforcement.
• The bill, which excludes attacks on firefighters and other first responders, is currently under review by the Illinois General Assembly Rules Committee.

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A new bill in Illinois could decriminalize attacks on police officers if the aggressor was experiencing a mental health episode. Democratic state Rep. Lisa Davis introduced House Bill 3458, amending the criminal code of 2012, which would allow individuals with a documented history of mental illness to avoid legal action over attacking a police officer if it is determined that they were experiencing a mental health episode at the time.

Critics including some police officers argue that this could lead to mental illness being used as an excuse to justify violence against law enforcement.

“I could see how it may incentivize people to feign mental illness if they’re facing charges of aggravated battery to a police officer, whether they’re mentally ill or not,” Taylorville, Illinois police officer Matthew Nichols told WCIA.

Where does the current law stand?

Currently, Illinois law criminalizes attacks on police officers and other first responders, including firefighters. 

However, this bill specifically excludes attacks on firefighters and other first responders from decriminalization.

What’s next?

The bill has been referred to the Illinois General Assembly Rules Committee.

A similar proposal was introduced in Virginia in 2023 but failed to pass.