CHICAGO (Dec. 10, 2014) – Illinois legislators have sent a bill to the governor’s desk that could make it illegal to record police encounters in some circumstances. The proposal, which the Illinois Policy Institute opposes, would make it difficult if not impossible for citizens to know whether they are allowed to record a police officer making an arrest in many cases. This bill could become law any day.
If this bill becomes a law:
It would be difficult for ordinary citizens to know if they are breaking the law while recording interactions with law enforcement officers.
Recording any private interaction between citizens or with an acting police officer would be illegal unless all parties consent to being recorded. The bill does not define what a private interaction is, which makes it impossible for citizens to know whether they’re allowed to record an officer, except in the most obviously public settings.
The punishment for illegally recording a police officer would be up to four years in prison.
The punishment for illegally recording a private citizen would be up to three years in prison.
Other background:
Earlier this year, the Illinois Supreme Court struck down a state eavesdropping law that criminalized recording interactions with police. This new bill attempts to do the bare minimum to comply with the Supreme Court’s ruling and if it becomes law could chill citizens’ right to free speech.
With this bill, it would be apparently illegal in Illinois to record many interactions with police officers while leaving other interactions legal. The bill does not clearly define what is legal to record and what is not, which makes it difficult or impossible for a person to know if they’re breaking the law.
This bill fails to give Illinois citizens the protections they deserve against abusive law enforcement and violations of their right to free speech.
This bill had bipartisan support in the Illinois General Assembly. Gov. Pat Quinn, who just lost re-election, can either sign this law or veto it. His signature or veto of this bill would be one of his last actions before leaving office.
Jacob Huebert, lead attorney at the Liberty Justice Center and expert on this legislation, and John Tillman, CEO of the Illinois Policy Institute, are available for comment to discuss this proposal.
Additional details on this bill are available here: http://ipweb-lb-1885590254.us-east-1.elb.amazonaws.com/illinois-general-assembly-revives-recording-ban.html
For interviews: Nathaniel Hamilton or Diana Rickert (312) 607-4977