Criminal Justice Bill Wouldn't Have Locked Up Sims Assailant
Sen. Elgie Sims (D-Chicago) gestures on the Senate floor during January’s “lame duck” session. Sims, the author of a sweeping criminal justice reform bill, was chased in his car by a man with a gun in Springfield last week.
The Senator who wrote and passed the new and controversial criminal justice reform bill in January may have been dissatisfied with the results of his bill after a man who chased him in his car with a gun was able to post bond and leave jail.
Last Monday, as Sen. Sims drove from the Capitol Complex to the west side of Springfield, a man chased behind him while showing a gun and threatening him.
The suspect, Michael Hoyle, 54, of Sangamon County community New Berlin was charged with unlawful use of a weapon, possession of a firearm despite having a revoked Firearm Owners Identification card, aggravated assault/use of a deadly weapon and possession of ammunition with no valid FOID card. His gun was confiscated by police.
Sims expressed frustration in media reports that Hoyle was able to post bond.
But, after reading the new criminal justice reform bill, it appears it would have been even less likely for Hoyle to remain in jail awaiting trial. While the unlawful use of a weapon charge is a felony, it is not, according to the law, a “forcible felony,” requiring Hoyle’s detention without bond.
Under the new law, prosecutors could have asked for a hearing to show Hoyle was a threat to Sims or the public. The judge in the case actually reduced the bond request by the state, and most accounts show the incident may have been isolated road rage, and not a direct threat to an elected official.
Some Republicans say it shows there are too many flaws in a bill that was passed in the overnight hours before the General Assembly adjourned sine die in mid-January.
“I'm glad that Sen. Sims is okay, and I was sorry to hear about this incident,” said Sen. Steve McClure (R-Springfield), a former Sangamon County prosecutor. “Unfortunately, the criminal justice bill is confusing and contradictory. When we received the bill at almost four in the morning in January, we had very little time to gloss over it before debating it. For something this big and wide-ranging, it shouldn’t have been done this way. A more transparent and bipartisan process would have resulted in a much better bill. Had this legislation taken effect this year, the suspect in the case involving Sen. Sims would have been released without the posting of any bail.”
Democrats have said they expect a bill to make edits to the law sometime this year, known in Springfield vernacular as a “trailer bill.” It isn’t clear yet what specific changes to the bill will eventually be made.
We attempted to reach Sims through a spokesperson multiple times Monday, but he did not get back to us.
