Illinois carjacking bill falls short; organized retail crime measure more promising – Wirepoints

By: Matt Rosenberg

Lawmakers have already unveiled a weak measure to combat crime in Illinois by creating a task force, with an added provision for new spending on witness protection and a companion measure to modestly boost social programs said to target crime prevention. They’ve also introduced another measure recently meant to combat carjacking. But HB 3699, the carjacking bill, fails to correct misguided policy earlier enacted by legislators. In 2015 they effectively removed the right of county prosecutors to charge juvenile carjackers as adults.

That was wrong because carjacking is a particularly serious and terrifying crime with a lasting impact on victims. Anyone who commits a carjacking vaults themselves into the world of serious adult crime, and therefore should face prosecution as an adult.

But lawmakers would rather natter around the edges. State Sen. Robert Martwick on Tuesday April 5 introduced the carjacking-related amendment to a seemingly unrelated House Bill which revised “Buy American/Buy Illinois” procurement language. The original Martwick amendment would have created the Intergovernmental Carjacking Enforcement Act allowing cities and counties to form joint enforcement groups to catch carjackers. The joint groups would get state grants for up to half of their budgets, and state police would report to lawmakers annually on their work and progress. Carjackings increased in Chicago in 2021 to 1,852. That’s 207 percent greater than the 603 reported in 2019.

UPDATE, 4.9.22: **The bill passed the House and Senate but the original Martwick amendment for carjacking enforcement groups was dropped in favor of another amendment which directs the Illinois Motor Vehicle Theft Prevention and Insurance Verification Council to make anti-carjacking grants.**

The new legislation specifically does not reverse a measure approved by lawmakers in 2015 to rescind from county prosecutors the ability to charge juveniles as adults for armed vehicular carjacking. Cook County Board President Toni Preckwinkle successfully lobbied in favor of that bill.

Charging juvenile carjackers as adults could help deter the stark rise in carjackings, or at least ensure punishment more commensurate with the crime, upon conviction. Earlier this year a 16-year-old on probation for three juvenile carjacking convictions, was charged with murder in the shooting death of eight-year-old Melissa Ortega in Chicago. She was caught in the crossfire of an apparent gang conflict. Last summer, 73-year-old Keith Cooper was killed during a carjacking attempt in Hyde Park by a charged suspect already on parole for juvenile carjacking.

Another recently-introduced crime measure in Springfield has to do with organized retail crime. 

Overall retail theft in Illinois – of which organized retail crime rings are a part – was estimated at $4 billion in 2020. High-profile organized retail crimes in Cook County were in the news often in 2021. Many of them involved multiple shoplifters working together in full view of security cameras. 

The organized retail crime amendment to HB 1091, a bill regulating online commerce, spells out a series of new definitions and classifies them as felonies of varying levels. 

The amendment stipulates that organized retail crime is committed when there is: theft with intent to resell; theft by two or more people; or theft of goods in transit from a manufacturer. The definition also includes knowingly receiving, buying, or purchasing stolen retail merchandise, or when parties conspire, recruit, finance or organize retail crime.

Under the amended bill, the crimes above would be either Class Two, Class Three, or Class Four felonies. Additionally, the Illinois Attorney General would be granted authority to investigate, charge, and prosecute for organized retail theft, under the Statewide Grand Jury Act.

UPDATE, 4.9.22: HB 1091 and its Senate Floor Amendment 4 detailing the new crime of organized retail crime, passed the House and Senate.

But alleged perps, and victims of retail crime haven’t been waiting to see what lawmakers will do. And it may be a case of too little, too late.

The owner of the marquee high-end vertical shopping mall Water Tower Place on North Michigan Avenue has turned the property over to its lender because its value is now less than the debt owed. In the wake of ongoing crime in and around the mall, a series of major tenants moved out, including Macy’s, The Gap, Banana Republic, and a food hall.

Another downtown retailer is not waiting for new legislation. Neiman Marcus has hired gun-sniffing dogs.

One such canine recently helped security guards detain a shoplifting suspect who wasn’t waiting for lawmakers, either. He was subsequently charged with felony-level retail theft. However it turned out that the retail theft suspect was already on electronic monitoring and facing trail for an earlier offense: felony aggravated battery of a police officer.

In addition, that same suspect had earlier been convicted for felony unlawful use of a weapon but the charge was plea-bargained down to a misdemeanor and he was released based on time served, eighty days.


Matt Rosenberg is senior editor of Wirepoints, and author of What Next, Chicago? Notes of a Pissed-Off Native Son.” He has worked in journalism, public policy, and communications for more than three decades.

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The Midnight Cruiser
2 years ago

Excellent article. This city is beyond help, it seems no matter what it takes the voters will continue to vote Democrat, and vote for “progressive” ideology while becoming the victims of their champion candidate they endorsed. Nothing will save this city other than cleaning house top to bottom. Mayor, city hall, aldermen, Mr. 300(back to TX he goes), the top brass at 35th St, and these insane amount of goofy civilian “oversight” boards. Last thing I want to hear is someone saying(especially the younger generation who are SUPER woke, it’s like a contest amongst them to see who’s more woke… Read more »

NB
2 years ago

This foxx new articale says 57% of carjackings are by juveniles. https://www.foxnews.com/us/lori-lightfoot-chicago-youths-unloved-carjackings-increase

Silverfox
2 years ago
Reply to  NB

If their feet can reach the gas and brake pedals, try them as an adult.

Marie Gardner
2 years ago

Most carjackings in Illinois happen in Chicago. Most crimes of all kinds happens in Chicago. For all of you advocating we all move from Illinois maybe we should start small and advocate everyone move from Chicago. Chicago is a hell hole, haven’t been in years have no intentions of ever going back. Politicians continue to coddle people committing these crimes. The best thing for residents to do is get the hell out. It’s only going to get worse.

Honest Jerk
2 years ago
Reply to  Marie Gardner

Why move from Chicago but stay in Illinois? A year after living in the suburbs you’ll get your real estate tax bill and want to move again. Keep it simple. Move just once to a red state.

marie
2 years ago
Reply to  Honest Jerk

Not everyone can make a big (another State) move now. At the very least, get out of Chicago. Yes, Illinois is very expensive but not everyone can afford to leave the state or has family ties keeping them here. It’s a decision everyone has to make for themselves, good or bad, and shouldn’t be criticized or ridiculed for making the best decision for themselves or their family.

David P.
2 years ago

Matt:
I have completely removed the possibility of me and my family being victims of carjacking in Chicago:
We never go into Chicago anymore. Never. There is no more shopping, no more dining, no more museums, no more ball games, and no more parks. Period.
We will spend no more money there.
Side note to politicians…Yup, you got this one!

Roger Bartlett
2 years ago
Reply to  David P.

Fantastic. It’s what I’ve done. You have to cut the head off the snake. Their money.

William Grube
2 years ago

I’ll add my skepticism and redundancy. All I see are more task forces, beaureaucratic BS, and lack of enforcement. Instead of more beaureaucrats doing nothing take a task force of cops in pairs and put them on the street and in cars. How many cops can you hire instead of paying a committee.
I’d like to see one committee disband after the problem is solved. They never stop it.

Honest Jerk
2 years ago

Your tax dollars are paying the salaries of these ultra-liberal government employees. Your tax dollars are supporting the creation and enforcement of bonehead laws/policies. You pay insane amounts in taxes. Something pretty great must be keeping you in that state. Did you all discover buried treasure in your yard? Guess I should have dug deeper before I gave up and moved.

Lin Feddor Cappozzo
2 years ago

At what point is enough enough? There was a recent horrific story from New Orleans of a seventy three year old woman, mother, grandmother who was dragged to her death with her arm being severed. I couldn’t watch the video. I’m tired and sick of seeing and hearing these things happening. I don’t understand from day to day what is acceptable and what isn’t. The list of what we can and can’t say is endless. We are told that white supremacy is the top domestic terror threat. Huh? What? And we watch and see the numbers climbing weekly of shooting… Read more »

Dale
2 years ago

So there are new laws on the books! What happens when the States Attorney (Fox) or Attorney General (Raule) refuse to charge the scumbags? Zero impact!!!!!!

Roger Bartlett
2 years ago
Reply to  Dale

I go here and there and look to bait some of these knuckleheads. I’m a retired LEA from Chicago. I have zero tolerance for the atmosphere that has been specifically created for the family, friends and supporters of the Illinois black caucus as well as many Hispanic elected officials from throughout the State of Illinois. They are not as dumb as you may think even if you know the animal. Our lawmakers have handcuffed law enforcement, the courts, the judges and along with a far left media have promoted the current state of barnyard.

Dale
2 years ago
Reply to  Roger Bartlett

I agree 100% Roger. I’m also a retired LEO. Makes me sick to see these officers out there every day risking their health and safety for these dog politicians. Can’t stand them, especially here in Illinois.

Tim Favero
2 years ago

I am not surprised by the feckless policies of our politicians. Not charging minor as adults for armed carjacking not only makes sense, they should be put away for a longer period of time. But Kim “Catch and Release” Foxx probably won’t even try them. Shameful!

Jeff Carter
2 years ago

Not sure if you need to charge them as adults, but when they carjack and you catch them make them serve time. There are no consequences.

Roger Bartlett
2 years ago
Reply to  Jeff Carter

It’s very easy…carjacking should be a minimum 30 years. That sends a message. We are wasting money on any and every other far left agenda. That money can be used to put good paying jobs folks to work building more prisons.

Hunter's Lap Dance
2 years ago

“The amendment stipulates that organized retail crime is committed when there is: theft with intent to resell; theft by two or more people; or theft of goods in transit from a manufacturer. The definition also includes knowingly receiving, buying, or purchasing stolen retail merchandise, or when parties conspire, recruit, finance or organize retail crime.”

Cook County can’t bring itself to keep repeat violent felons in jail. Slam dunk cases. Why would we believe Kim’s office will put in the leg work to prove these cases?

David F
2 years ago

They better think very carefully about this, these are going to be like the crack cocaine law in the late 90’s that caused a real cry of racism over who all they were putting in jail.

2 years ago
Reply to  David F

The problem I always have with the “disproportionate” outcomes argument is who gets to draw the pie chart, and how is that enforced? I think on whether to file felony charges and what to do upon a felony guilty plea or conviction in Cook County, the back-door answer is, judges and prosecutors draw the pie chart. They are trying to make outcomes more proportional, or balanced, by race. But the tail is wagging the dog. Regarding the imprisonments for crack in the 90s, a lesser-known fact is that black Congressmen and a whole host of federal Democrats were strongly behind… Read more »

Willowglen
2 years ago
Reply to  Matt Rosenberg

Matt – I had a friend in the early 90’s who left the corporate world to coach basketball at a respected mid major NCAA Division 1 program in Baltimore. A good college player himself, and from a tough place in Prince Georges County, he was the recruiting coordinator and could go into challenging neighborhoods and effectively recruit. In any event, I mentioned to him that there was a libertarian faction who believed the war on drugs was hopeless and that drugs like crack cocaine should be decriminalized. He reacted with horror – telling me that libertarians had no idea of… Read more »

Dale
2 years ago
Reply to  David F

Time to stop being PC! When 12% of the people in this nation are committing 80%+ of the crime, the “proportions” are immaterial. Take the reverse – white collar crime – committed mainly by whites. The statistics should show that most of the people arrested and convicted for these crimes should be white. Crime should equal punishment!

Marie Gardner
2 years ago
Reply to  Dale

And that 12% wants to govern this country and many members of the other 78% want them to govern the country as well. Elections have consequences.

Jay
2 years ago

As a suburbanite whose job took me deep into the city daily for 35 years and understood the neighborhoods, I believe the #1 deterrent keeping me from driving into Chicago currently is the scary prospect of being carjacked. Sure, from a probability standpoint, the percentage is miniscule. But it can happen anywhere within the city limits. You want one stat I’d like turned the other way before I start coming downtown again? That one.

2 years ago
Reply to  Jay

I feel the exact same way, and know many other who do, too. I feel more in control walking on the streets of Englewood, Bronzeville, or Roseland, than taking a car to River North, West Town, Lincoln Park, Lakeview, Wicker Park, or Bucktown. If City Hall and CPD can’t lick this threat, the city will stay in a bad, bad place.

Freddy
2 years ago

What about the highly organized “Theft by Excessive Taxation” albeit legally perpetrated by mostly self elected politicians across the state? The pols are making retail theft penalties more severe but at the same time local and state officials can raise taxes on your property almost as they see fit. They can raise sales taxes/add excise/use taxes/streaming taxes without any public input whenever they need more revenue. Someone comes into your business and steals something is a crime and it should be but taxing authorities can raise your property taxes or costs of doing business almost at will but that is… Read more »

jajujon
2 years ago
Reply to  Freddy

You’re right, but those who write the laws ain’t gonna self-penalize themselves. We need to demand smaller government, but in this deep blue state, that ain’t gonna happen either. I’m putting Illinois in my rear view mirror.

Zephyr Window
2 years ago

The solution is severe punishment for the criminals. First conviction they get secret probation. 2nd. conviction, double secret probation. 3rd conviction, oh well, you get the idea.

2 years ago
Reply to  Zephyr Window

I think the term you’re looking for is “extra-special super-intensive probation.” Clearly plain old “intensive probation” was not enough for the three-time convicted juvenile carjacker who is now alleged to have killed Melissa Ortega.

Thee Jabroni
2 years ago
Reply to  Matt Rosenberg

Thats not gonna do any good Matt,they need to institute ” super duper double dog dare ya probation”,then crime will completely stop

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