Representative Barbara Wheeler
(R-Crystal Lake) has sought to alleviate the concerns of many residents
following a number of misleading media pieces concerning Senate Bill 1342. SB
1342 pertains to surreptitious recording of private conversations and seeks to
protect all citizens from having private conversations recorded and made public
without their consent.
“I think it’s fair to say we should
all be very concerned about the prospect of our freedom of speech being
infringed upon,” said Wheeler. “Unfortunately, a great deal of misinformation
is being circulated right now that it’s a crime to record the police. This is
simply not true; in fact SB 1342 ensures each and every one of us is protected
from someone else secretly recording a conversation we think is private.”
Senate Bill 1342 was passed by both
houses of the state legislature and is now on its way to Governor Quinn for
consideration. It specifically criminalizes secretly recording “private
conversations” between two or more people, where at least one has a “reasonable
expectation” of privacy. The proposed law does not make it illegal to record
police interactions in public, it actually makes it clear that such recordings
are legal. The new bill attempts to protect people from surreptitious and
improper recording of their conversations to protect their right to a
reasonable expectation of privacy.
In March, the Illinois Supreme Court
struck down an eavesdropping law that would make it a felony to record audio of
police officers working in public. The court ruled that no state could make it
illegal to record conversations where there was no “reasonable expectation of
privacy,” highlighting the potential for infringement upon the freedom the
speech.
“I want to make it very clear for everyone
concerned about this that citizens can always record the actions of police in
public, and if you suspect something illegal is going on, you should record
it,” said Wheeler. “What we don’t want to happen in this day and age of
constant transmission of information due to new technologies, is to have our
private conversations and interactions made public as a means of slander, or
anything of that nature.”
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