Liberal Lawmakers in Illinois Want to Legalize Violence Against Police

A new bill introduced in the Illinois General Assembly is drawing criticism for a provision that could allow individuals experiencing a mental health episode to claim a legal defense after attacking police officers.

House Bill 3458, sponsored by Democratic state Rep. Lisa Davis, was introduced in February and has since gained two co-sponsors, Reps. Marcus Evans and Kelly Cassidy.

Davis, an attorney with the Law Office of the Cook County Public Defender, designed the legislation to amend the state’s aggravated battery law.

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The bill states that “it is 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.”

REPORT: Illinois state Rep Lisa Davis (D) pushes legislation to allow people experiencing mental health episodes to attack police. pic.twitter.com/HGxvaqnlN2

— Resist the Mainstream (@ResisttheMS) March 13, 2025

Critics argue that the legislation would create a loophole allowing violent individuals to avoid criminal charges simply by citing a mental health diagnosis.

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Under current Illinois law, attacking a police officer, firefighter, private security officer, or correctional institution employee can lead to an aggravated battery charge.

However, if Davis’ bill were to pass, it would introduce an exception for those experiencing a mental health episode—an exception that applies only to attacks on law enforcement officers, not other first responders.

The proposal was first reported by Second Cop City, a blog focused on Chicago policing issues.

The blog warned that the bill could incentivize individuals to claim mental illness as a legal shield against charges for assaulting officers.

“If this passes, mental illness will be an excuse to attack and beat police officers,” the blog stated.

“In fact, who wants to bet there will be thousands of people who suddenly have doctor notes that permit them to attack cops?”

While police officers would be affected by the bill, other first responders—including firefighters—would not be covered under the proposed change.

Notably, Davis’ husband is a firefighter, a fact reported by CWB Chicago.

Illinois’ problems run deeper than just Pritzker – Durbin – Duckworth – Schakowsky – Quigley and Casten

A purge of Democrats in the State Legislature like House Bill #3458 author Lisa Davis and its co-sponsors also has to happen if Illinois is ever going to recapture its sanity pic.twitter.com/m5s7n1GLBT

— Slats Grobnik (@MissinRoyko) March 7, 2025

The bill has been referred to the Illinois General Assembly Rules Committee, where many controversial or unpopular proposals often stall without advancing.

It remains unclear whether the measure will gain traction in the legislative process.

With public safety concerns at the forefront of political debates, HB 3458 is expected to spark continued debate over law enforcement protections and the legal implications of mental health defenses in the justice system.

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