By HOI ABC
BLOOMINGTON – The McLean County state’s attorney and sheriff say the violation of the governor’s executive orders surrounding the novel coronavirus pandemic does not equate to a violation of the Illinois criminal code.
According to our news partner HOI ABC, McLean County State’s Attorney Don Knapp and Sheriff Jon Sandage released a joint statement Monday saying they are “aware of no criminal penalty outline in the Governor’s orders and while we have not watched all of his press conferences or read all of his comments on the topic, it is our understanding that the Governor has specifically acknowledged and stated that the order itself does not create a criminal offense.”
“While opinions vary as to whether the Governor exceeded his authority in entering his executive orders, and our courts will undoubtedly resolve that question, one thing everyone seemingly agrees on is that a violation of the order itself does not equate to a violation of Illinois Criminal Code of 2012. We agree,” the statement read.
Since the governor’s orders began, the sheriff’s office has not made any arrests and the state’s attorney’s office has not filed any charges related to the governor’s orders, according to the release.
Although the two agree violating the orders does not equate to a criminal violation, they say the sheriff’s office “cannot simply ignore the community caretaking calls it receives in addition to its law enforcement calls and will prioritize those calls appropriately. Similarly, the State’s Attorney’s Office must review all reports forwarded to it from every law enforcement entity to screen for appropriate charges, if any, on a case-by-case basis without prejudging any given circumstance.”
The two say a fear throughout the state exists “that ignoring social distancing recommendations may eventually lead to a violation of a criminal statute such as trespassing in the event that a business asks a patron to leave who refuses to do so or a physical confrontation between individuals who disagree on appropriate use of protective equipment.”
Gov. JB Pritzker’s modified stay-at-home order extends through the end of May, keeping many nonessential businesses closed and other restrictions in place.
Pritzker then released a five-phase plan earlier this month, but the guidelines say businesses such as salons and barbershops will not be able to reopen until Phase 3, while restaurants and bars would reopen under Phase 4. Currently, all regions in the state are under Phase 2 of the plan.
“However, it bears reminding for all citizens that the State’s authority to take enforcement action exists independently of either the Sheriff or the State’s Attorney,” according to the release.
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