Illinois Bill Proposes Mental Health Defense for Police Assault Cases

The legislation would allow a documented mental health episode to serve as a defense in aggravated battery cases involving police officers.

Illinois State Rep. Lisa Davis introduced House Bill 3458, which provides a legal defense for individuals with documented mental illnesses who attack police officers during a mental health episode.
The bill specifies that the defense applies if the officer reasonably believed the individual was experiencing a mental health crisis and acted abruptly.
Critics, including law enforcement officials, have raised concerns about potential abuse of the law and its exclusive application to police officers, excluding other first responders.
Supporters argue the legislation aims to address fairness in the criminal justice system for individuals with mental health challenges.
The bill has been referred to the Illinois General Assembly Rules Committee, with no scheduled date for a vote at this time.