[Peace] Illinois Civil LIberties Alert

[Stuart Laird]

URGENT ACTION NEEDED - MONDAY, OCTOBER 29, 2001

Troubling anti-terrorism legislation proposed in Illinois!

Attorney General Jim Ryan has proposed a set of complex proposals under the 
general heading of "anti-terrorism" legislation and is trying to push them 
through the Illinois General Assembly in the very short (six-day) veto 
session!  Not only is this not enough time to deliberate on what is a very 
complex (60-page) proposal, but the proposal also contains several measures 
that pose serious threats to civil liberties. (See "Details" below.)  These 
measures are too important to be forced into law during an abbreviated veto 
session!

Action Needed:

1.  Call your state representative and state senator and urge them to 
OPPOSE any effort to move the Attorney General's proposed anti-terrorism 
legislation through the General Assembly during the short veto session!
To find your state representative's home office number, click on: 
<<http://www.legis.state.il.us/addresses/house_addresses.html>http://www.legis.state.il.us/addresses/house_addresses.html>. 


To find your state senator's home office number, click on: 
<<http://www.legis.state.il.us/addresses/senate_addresses.html>http://www.legis.state.il.us/addresses/senate_addresses.html>. 

2.  If possible, please email ACLU Legislative Director Mary Dixon 
at  <<mailto:mdixon3 at attglobal.net>mailto:mdixon3 at attglobal.net> to let her 
know you were able to contact your representative and/or senator.  Her 
ability to lobby effectively is greatly increased by knowing which 
legislators are hearing from their constituents.

Details:

On October 16, 2001, Attorney General Jim Ryan announced a series of 
proposals he argued are necessary to combat terrorism.  Congress already 
considered and acted upon a series of far-reaching proposals to expand the 
authority of federal law enforcement and intelligence services to 
investigate and prosecute terrorism.  The Attorney General's proposals are 
unnecessary.  There already is a role for Illinois in combating 
terrorism.  State and local law enforcement in Illinois already participate 
in a federal counter-terrorism task force.  The resources of the federal 
government should continue to be relied upon to lead the fight against 
terrorism.

The Attorney General has asked that the measures be considered and approved 
by the General Assembly during its "veto" session - scheduled for six (6) 
working days in November.  Proposals to expand the death penalty, to expand 
law enforcement's capacity to wiretap telephone conversations and review 
electronic correspondence, and to broaden the definition of terrorism in 
our state are serious measures that demand review, consideration and 
debate.  These laws should not be forced through in a few days!

Specifically, we are concerned about these aspects of the legislative 
proposals:

First, the legislation ignores the fact that the State of Illinois already 
has a strong, anti-terrorism statute.  That law, adopted in 1997, contains 
a number of criminal acts that are defined as terrorism and has not - to 
our knowledge - ever been used in a prosecution since its adoption.

Second, the Attorney General's proposal expands the definition of a 
"terrorist act' to include any violent act, or any act dangerous to any 
type of property, that is intended to influence the policy of 
government.  This overly broad definition could include the actions of a 
person involved in civil disobedience that does minor damage to property.

Third, the Attorney General's proposal greatly expands the power of law 
enforcement officials to monitor and record electronic communications 
without meaningful judicial oversight.  The measure as drafted allows law 
enforcement access to telephones or email accounts that a target of a 
criminal investigation may use infrequently, without being forced to ask a 
court for permission to review and record communications from those 
sources.  This certainly will increase the likelihood that innocent 
conversations, attorney-client privileged material and business secrets are 
monitored and recorded.  The bill also dramatically expands the power of 
law enforcement officials to secretly record conversations with a police 
officer or an informant, without prior authorization from a 
court.  Currently, such secret recordings are allowed only if "necessary 
for the protection" of the officer or informant.  The Attorney General's 
proposal eliminates this limitation in every investigation of a new 
anti-terrorism offense, which - as indicated above - can include civil 
disobedience.

Finally, the Attorney General's proposal adds a murder committed in 
connection with or as a result of an act of terrorism to the list of 
aggravating factors making one eligible for the death penalty in 
Illinois.  Most terrorism acts already are covered by the existing 
aggravating factors - the murder of a fireman or policeman; the murder of 
two or more persons in a cold and calculated manner; or, the murder of 
persons as a result of hijacking an airplane, train, ship, bus or other 
conveyance.

For more information-
Resources available on the ACLU website 
<<http://www.aclu-il.org/>http://www.aclu-il.org/>:
*  Learn who your Representative is;
*  Find the phone number and address of your legislators;
*  Join the ACLU.

Thank you-
Your action can make a difference!


The most dangerous element in any society is ignorance.
                 -Emma Goldman
http://www.laird.com 
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