The Illinois House and Senate Passed a Bill That Could Make Recording Cops Illegal

The Illinois House and Senate have overwhelmingly passed an amendment that would make it unclear as to when it is legal to record an encounter with a police officer and when it is illegal.

Earlier this year, the Illinois Supreme Court struck down a similar law which made recording conversations with police or anyone else without their permission illegal. The court ruled that the state does not have the constitutional authority to criminalize recording in situations where individuals have no reasonable expectation of privacy.

But the legislature dodged that legal barricade, sending an amendment to Democratic Gov. Pat Quinn’s desk December 4. The legislation would make it a felony to record a “private conversation,” which it defines as “oral communication between two or more persons” in which at least one person has a “reasonable expectation” of privacy.

But since it does not clearly state what a “reasonable expectation” is so that one can know for certain whether or not he or she is breaking the law, opponents worry it will cause people to stop recording police encounters altogether.

The Illinois Policy Institute, an independent research and education organization that focuses on personal freedom and prosperity, opposes it. IPI points out the stiff consequences for breaking the prospective law on its website. Recording conversations with police (which also includes attorneys general, assistant attorneys general, state attorneys, assistant state attorneys and judges) could result in a minimum of two years in prison with a maximum of four years (class 3 felony). Recording a private citizen would carry with it a minimum of one year in prison and a maximum of three years (class 4 felony).

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