Investigative Police Work

Illinois recently adopted a law requiring prospective police officers to approve the release of their personal background records, including everything from job performance reports to nonpublic settlement agreements, as part of the hiring process.

The measure was passed in response to last summer’s shooting of Sonya Massey, a 36-year-old single mother who had struggled with mental health issues. In the early morning of July 6, 2024, she called 911 to report a suspected prowler outside her home in Springfield.

Sheriff’s deputy Sean Grayson and another officer searched her yard and home but found no one. Massey then picked up a pot of hot water and said to Grayson, “I rebuke you in the name of Jesus.” He claimed he believed she was threatening him, so he shot and killed her. Body-camera footage, however, shows Massey ducking for cover behind a kitchen counter with her hands raised before Grayson fired at her. He has since been terminated and charged with first-degree murder, aggravated battery with a firearm, and official misconduct. He has pleaded not guilty to those charges.

Grayson had been at the Sangamon County Sheriff’s Department for 14 months before the shooting. After the incident, it was revealed that in his early 20s, he was convicted of driving under the influence twice within a year, the first of which got him kicked out of the Army. He worked for six law enforcement agencies over four years and had a history of insubordinate behavior in previous roles.

At the Logan County Sheriff’s Office, where Grayson worked before Sangamon County, complaints were filed against him for inappropriate conduct with a jail detainee. Records also showed he ignored internal policies around high-speed pursuits, received at least two formal complaints, and that Logan County considered firing him. Another previous employer noted that he was sloppy in handling evidence and called him a braggart, while others said he was impulsive.

Governor JB Pritzker, who signed the bill into law while surrounded by Massey’s family, claims the legislation will “help prevent these tragedies, to better equip law enforcement to keep our communities safe, and to continue working to build a justice system that protects all of our citizens.” He said, “When Sonya Massey feared for her safety, she did what anyone would do – she called law enforcement for help.”

“Our justice system needs to be built on trust,” Pritzker declared. “Communities should be able to trust that when they call the police to their home, the responding officer will be well-trained and without a history of bias or misconduct, and police officers should be able to trust that they are serving alongside responsible and capable individuals.”

The legislation, which was sponsored by Senator Doris Turner and Representative Kam Buckner, is the first of its kind in the country. “Unfortunately, what happened to Sonya is not an isolated incident in America,” Pritzker added. “So what we do today should serve as an example across the nation, for other states and jurisdictions.”

The bill requires police officer applicants to sign a waiver allowing past employers to release unredacted background materials, including job performance reports, physical and psychological fitness-for-duty reports, civil and criminal court records, and otherwise nonpublic documents such as nondisclosure or separation agreements. The hiring department may even see the contents of documents sealed by court order by getting a judge’s approval and can request a court to compel a former employer to share records.

“Several departments need to pick up their game and implement new procedures,” said Kenny Winslow, executive director of the Illinois Association of Chiefs of Police, who helped negotiate the proposal. He stated the new law “is what should be minimally done in a background check.”

Here’s hoping more states follow suit.



The following two tabs change content below.
mm

Reg P. Wydeven

Elder Law and Estate Planning Attorney at McCarty Law LLP
Hoping to follow in his father’s footsteps from a young age, Reg’s practice primarily consists of advising individuals on estate planning, estate settlement and elder law matters. As Reg represents clients in matters like guardianship proceedings and long-term care admissions, he feels grateful to be able to offer families thorough legal help in their time of need.
mm

Latest posts by Reg P. Wydeven (see all)