Illinois State Police will give verbal warning, then issue citation if there’s no compliance with Gov. Pritzker’s order

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ILLINOIS (WMBD) — Gov. J.B. Pritzker has requested Illinois State Police respond to businesses who are not complying with his executive order.

On Wednesday, Gov. Pritzker placed Region 2 under tier 1 mitigations due to the rising positivity rate of COVID-19 cases.

This came after the region rose over 8% for more than three days in a row.

To be released from these mitigations, the region must drop to 6.5% (or lower) for three days in a row. If we are above 8% for over 14 days in a row, more restrictions are to come.

Gov. Pritzker has issued nine “Gubernatorial Disaster Proclamations” throughout the Coronavirus Pandemic.

The first, was back on March 12. The most recent was on October 16.

He has issued one proclamation every month during the Pandemic and two in April. Each proclamation is effective for 30 days.

You can find his proclamations here.

Illinois State Police issued the following statement to WMBD outlining what the process will look like when dealing with businesses who have defied the Order.

In desiring to protect the public and prevent the spread of the COVID-19 virus, the Illinois Department of Public Health requested assistance from the Illinois State Police in our role of helping to enforce IDPH emergency rules. As outlined in the administrative rule, enforcement is an incremental process starting with a notice of non-compliance. If businesses continue to not comply,  state or local law enforcement can issue the business a misdemeanor citation, similar to enforcing indoor smoking laws.  Local state’s attorneys determine how to proceed as they would in any other misdemeanor case. 

Mindy Carroll | Spokesperson | Illinois State Police

Further, the Illinois State Police (ISP) has made dozens of visits to assist the Illinois Department of Public (IDPH) in enforcing public health rules. Our primary goal is to educate and urge voluntary compliance prior to a citation. Enforcing compliance is an incremental process when those masking and social distancing requirements are not being observed by a business. That begins first with a verbal warning, followed by a written warning and written order, and then finally, as a last resort, the issuance of a misdemeanor citation to the business, not an individual. In the circumstances where a misdemeanor citation has been issued, it’s where the emergency rule requirements for masking and social distancing have been outright and openly violated by the waitstaff, cooks, and business owners refusing to respect or observe these basic safety measures. Please see the law below.

Mindy Carroll | Spokesperson | Illinois State Police

The wording Carroll is referencing comes from the Department of Public Health Act.

(20 ILCS 2305/8.1) (from Ch. 111 1/2, par. 24)
    Sec. 8.1. Whoever violates or refuses to obey any rule or regulation of the Department of Public Health shall be deemed guilty of a Class A misdemeanor. The Director of Public Health shall institute prosecutions and proceedings for violation of the rules and regulations adopted by the Department of Public Health, provided that he may designate a local board of health or local health officer to institute prosecutions or proceedings for violation of those rules and regulations adopted by the Department. Each State's Attorney shall prosecute all persons in his county violating or refusing to obey the rules and regulations of the Department of Public Health. All fines or judgments collected or received shall be paid to the County Treasurer of the county in which prosecution is conducted.
(Source: P.A. 87-895; 87-984.)

You can also find the law here.

The minimum fine of a Class A misdemeanor in the State of Illinois is $75, but it should not exceed $2,500.

The following is from the Department of Public Health Act.

(20 ILCS 2305/2) (from Ch. 111 1/2, par. 22)
Sec. 2. Powers.
(a) The State Department of Public Health has general supervision of the interests of the health and lives of the people of the State. It has supreme authority in matters of quarantine and isolation, and may declare and enforce quarantine and isolation when none exists, and may modify or relax quarantine and isolation when it has been established. The Department may adopt, promulgate, repeal and amend rules and regulations and make such sanitary investigations and inspections as it may from time to time deem necessary for the preservation and improvement of the public health, consistent with law regulating the following:
(1) Transportation of the remains of deceased persons.
(2) Sanitary practices relating to drinking water
    made accessible to the public for human consumption or for lavatory or culinary purposes.
(3) Sanitary practices relating to rest room
    facilities made accessible to the public or to persons handling food served to the public.
(4) Sanitary practices relating to disposal of human
    wastes in or from all buildings and places where people live, work or assemble.

All local boards of health, health authorities and officers, police officers, sheriffs and all other officers and employees of the state or any locality shall enforce the rules and regulations so adopted and orders issued by the Department pursuant to this Section.

Illinois Department of Public Health Act

Not everyone is pleased with Gov. Pritzker and the Illinois Department of Public Health’s actions, multiple city leaders believe it should be up to them to decide how to run their businesses.

We are waiting for a statement from the Illinois Department of Public Health on the Department of Public Health Act. If and when we receive a statement, we will update this story.

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