SPRINGFIELD — Illinoisans would have permission to make audio recordings of police officers on duty and in a public place under a proposal that gained a measure of steam Wednesday.
The legislation, a response to high-profile First Amendment tussles in Chicago and elsewhere, cleared a House committee following a showdown between law enforcement opponents and supporters who want the bill to become law before the G-8 and NATO summits in Chicago in May.
Sponsoring Rep. Elaine Nekritz, D-Northbrook, said current state law pits citizens against an obscure eavesdropping statute that doesn't jibe with a smartphone world.
The lawmaker noted the 2009 arrest of Chris Drew for selling art on a downtown street without a permit. Drew made an audio recording of Chicago police, was charged and finds himself in the middle of a pending debate on the constitutionality of Illinois' law.
A U.S. appeals court is considering a separate challenge. A judge in southeastern Illinois' Crawford County ruled last fall that the state law is unconstitutional and dismissed eavesdropping charges against a man accused of recording police and court officials without consent.
"Our laws have to be fair and, to the greatest extent possible, reflect the values and experiences of the citizens that they govern," Nekritz said. "Our eavesdropping law does not currently reflect, I think, those common practices and experiences of our citizens."
Illinois is one of only a handful of states where consent of every involved party is needed to make an audio recording. It's currently a felony to make an audio recording of a police officer without his consent, an offense punishable by up to 15 years in prison.
Nekritz's proposal would create an exception so no consent is needed to make an audio recording of a police officer. Oddly, current Illinois law allows for video recordings but no sound without everyone's consent, Nekritz said.
Aides to Cook County State's Attorney Anita Alvarez opposed the legislation, saying the issue still needs to play out in the courts. The Illinois Fraternal Order of Police warned the bill could scare witnesses who fear their conversations at a crime scene would be monitored by organized crime.
Even so, Chicago police Superintendent Garry McCarthy recently told the Tribune he supports letting people record the police and vice versa.
"If the law is changed, it would make our lives a lot easier," McCarthy said.
Tribune reporter Jeremy Gorner contributed.
The legislation, a response to high-profile First Amendment tussles in Chicago and elsewhere, cleared a House committee following a showdown between law enforcement opponents and supporters who want the bill to become law before the G-8 and NATO summits in Chicago in May.
Sponsoring Rep. Elaine Nekritz, D-Northbrook, said current state law pits citizens against an obscure eavesdropping statute that doesn't jibe with a smartphone world.
The lawmaker noted the 2009 arrest of Chris Drew for selling art on a downtown street without a permit. Drew made an audio recording of Chicago police, was charged and finds himself in the middle of a pending debate on the constitutionality of Illinois' law.
A U.S. appeals court is considering a separate challenge. A judge in southeastern Illinois' Crawford County ruled last fall that the state law is unconstitutional and dismissed eavesdropping charges against a man accused of recording police and court officials without consent.
"Our laws have to be fair and, to the greatest extent possible, reflect the values and experiences of the citizens that they govern," Nekritz said. "Our eavesdropping law does not currently reflect, I think, those common practices and experiences of our citizens."
Illinois is one of only a handful of states where consent of every involved party is needed to make an audio recording. It's currently a felony to make an audio recording of a police officer without his consent, an offense punishable by up to 15 years in prison.
Nekritz's proposal would create an exception so no consent is needed to make an audio recording of a police officer. Oddly, current Illinois law allows for video recordings but no sound without everyone's consent, Nekritz said.
Aides to Cook County State's Attorney Anita Alvarez opposed the legislation, saying the issue still needs to play out in the courts. The Illinois Fraternal Order of Police warned the bill could scare witnesses who fear their conversations at a crime scene would be monitored by organized crime.
Even so, Chicago police Superintendent Garry McCarthy recently told the Tribune he supports letting people record the police and vice versa.
"If the law is changed, it would make our lives a lot easier," McCarthy said.
Tribune reporter Jeremy Gorner contributed.