Illinois Valley Times

The Grundy County state's attorney said his office would not be criminally prosecuting residents who violate Gov. J.B. Pritzker's extended stay-at-home order.

“We were given a memo from the appellate prosecutor's office that essentially said that their belief is that the executive order that the governor entered in March is not a constitutional order, that it violates the constitution and is essentially null and void at this point," Jason Helland said in a video posted on Facebook. "That is because the governor, under the Emergency Assistance Act, only has 30 days to have emergency authority over things that are in nature."

Helland said disaster declarations are usually issued for events like a tornado or flood. Pritzker has attempted to extend his COVID-19 disaster declaration well beyond its original time frame. 

"There has never in the state of Illinois been a disaster proclamation last for more than 30 days, so we are in some very unusual territory here,” Helland said. 

Many residents had concerns about the opening of businesses and daily activities during the order. Helland said that while the order is essentially unenforceable, social distancing and staying home are excellent recommendations. His stance is that these precautions are logical, but they cannot be criminally enforced. Helland also said that he, personally, would be staying at home and practicing social distancing.

According to the Morris Herald, Helland said that criminal liability would only happen in extreme circumstances. An incidence of criminal trespass could occur, for example, if a big-box retailer required the use of a mask upon entry, and a person refused and was asked to leave the store.

Helland also said if someone is knowingly sick and endangers the health of other people, that could be considered a criminal act.