IT SEEMS THAT THE NEW LAW IN ILLINOIS WAS MISREPRESENTED BY THE MEDIA.... Heres the response to my contact with my Il. Congressperson: Rep. Cassidy Gard In March, 2014, the Illinois Supreme Court struck down the Illinois law regarding eavesdropping. This session, the General Assembly set out to replace the law, which is necessary to prevent criminal eavesdropping in light of the previous law being struck down. In early December, by enormous margins, the General Assembly passed SB 1342. The bill laid out guidelines for legally recording interactions with government officials and citizens, generally allowing for recording of public encounters with no expectation of privacy. Additionally, it created penalties for illegal eavesdropping where private conversations were recorded with surreptitious intent, without consent from parties. There has been much confusion as to how this affects recording of police encounters. The law clearly allows for video and audio recording of police officers in public while on duty, whether it be a traffic/pedestrian stop, a protest, or any other commission of their duties. SB 1342 allows recording of any public exchange where there is not an expectation of privacy, as defined by relevant statute and case law. Specifically, ACLU v Alvarez ruled that police officers do not have an expectation of privacy while in public and on duty. Therefore, recording of police during the commission of their duties in a public place is not prohibited. While location can be the controlling factor in some instances (an encounter on the street) court precedent extends to exclude an expectation of privacy even in circumstances such as a stationhouse interrogation, meaning recording would be allowed in that instance. If you have any questions, please do not hesitate to contact my office at 773-784-2002 or repcassidy@gmail
Posted on: Mon, 15 Dec 2014 19:45:25 +0000
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