A new Illinois bill proposes making it a felony for government officials to knowingly fly an American flag upside down on government property. Illinois State Representative Harry Benton (D-Plainfield) formally introduced HB 5860 on June 11.
The bill aims to amend Illinois’ Flag Display Act by prohibiting officials from knowingly displaying or causing to display “the United States national flag with the union down on government property.” Should the bill become law, violating it would result in a Class 4 felony, punishable by one to three years in prison under Illinois law.
Background and Motivation
The bill follows a controversial incident in Homer Glen, a village in Will County, Illinois, where an American flag was displayed upside down outside an administration center on May 31. This occurred a day after former President Donald Trump was convicted on 34 counts of falsifying business records. An official involved admitted the flag’s positioning was a response to the conviction.
Rep. Benton, a former veteran, introduced the legislation in response to this incident. He expressed strong disapproval, stating to TheCenterSquare.com, “The public official who made this sad choice to disrespect our nation’s flag and everything it stands for may be disappointed in the outcome of a certain criminal trial, but that is no excuse.”
Legal and Historical Context
According to US Code, flying the American flag with the union down is considered inappropriate except “as a signal of dire distress in instances of extreme danger to life or property.” However, there is no national law explicitly prohibiting this act, leaving states to interpret and enforce flag etiquette independently.
Related Legislation
In addition to HB 5860, another related bill, HB 5861, has been proposed. This bill seeks to amend Illinois’ Flag Display Act to impose fines of up to $25,000 on government officials who fly the American flag upside down on public property. The current penalty for such a violation ranges from $1 to $15. Neither HB 5860 nor HB 5861 addresses the display of an American flag upside down on private property.
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Conclusion
If passed, HB 5860 would mark a significant change in the legal consequences for the improper display of the American flag in Illinois. The bill underscores the importance of flag etiquette and seeks to ensure that such symbols of national significance are treated with respect and dignity. The legislative process will be closely monitored as this bill progresses, with public and official scrutiny on its implications and enforcement.
