Our laws, or lack of them
Tuesday, Apr 5, 2011 - Posted by Rich Miller
* This is just way too much of a penalty…
A Peoria man faces up to 15 years in prison for behavior that nearly any cellphone toting citizen could easily be tempted to emulate when confronted with the prospect of arrest.
Rodney Anderson, Jr., 37, allegedly slipped his phone into a mode that discreetly records audio while he was being arrested following a domestic disturbance late March 27. […]
Under the Illinois Eavesdropping Act, anyone who records audio without consent can be charged with a Class 4 felony, but enhanced charges are possible for those who record law enforcement officials acting in their official capacity. Those instances can result in a Class 1 felony charge.
“It’s a statute with severe consequences. It’s hard to believe,” said Harvey Grossman of the American Civil Liberties Union of Illinois, which has recently fought provisions of the Eavesdropping Act without success. “It’s unique in the country . . . in that it prohibits the recording of conversations that are not intended to be private.”
Nobody interfered with the officer’s duties because the cop didn’t even know about it. Yet, it’s a major felony. Ridiculous.
* Lake County’s Avon Township Supervisor Sam Yingling wrote an op-ed in the Daily Herald this week about townships in general. Check this part out…
Township road districts are relevant in rural areas but not in populated areas. Avon Township is responsible for only 11.7 miles of road yet is mandated by law to have and finance a highway commission even when these roads could be more cost effectively maintained by the county.
But a bill to address that issue has apparently died…
Township highway commissioners no longer need to fear a bill that would have made their jobs obsolete.
Senate Bill 1811 would have amended the Illinois Highway code so that township road districts with less than 100 miles of roadway are abolished. The bill is sponsored by Sen. Mike Noland (D-Elgin).
This bill was pretty broad. So, maybe they could come up with a bill that limited it to townships with less than 15 miles of roads. Then again, the Township Officials of Illinois is a pretty darned strong group.
* Oy…
The prospect of more billboards sprouting up in off-limits sections of Chicago-area tollways could cost the state up to $140 million in federal highway dollars under a legislative push from a national sign company represented by one of Illinois’ most influential lobbyists.
The legendary Springfield lobbyist fired back with his own four-lettered response.
The warning came from a top official with the Federal Highway Administration, who urged state lawmakers to put the brakes on legislation that he said runs afoul of a federal highway beautification law enacted in 1965 and later amended in 1972 that puts the states in charge of limiting billboard placement.
In a letter to state transportation officials, Norman R. Stoner, the federal highway agency’s division administrator, said the legislation being pushed by CBS Outdoor Inc. and several suburbs would “violate the terms of the 1972 agreement. Consequently, if [the bill] is passed and signed into law, the state of Illinois would be at risk.
I checked into that story a few weeks ago and was told that the bill wasn’t going anywhere. It did. Good for the Sun-Times for keeping track of it.
- Ahoy - Tuesday, Apr 5, 11 @ 1:53 pm:
Illinois Eavesdropping Act?
So how did the Fed’s record all those conversations on Blago? I’m guessing he was not a consenting partner in the ordeal. I think this law is completely bogus anyway. It should be amended to only protect citizens from others who would abuse the situation, not to protect the government from citizens.
What about camera’s in cop cars? Do they not pick up audio?
- Six Degrees of Separation - Tuesday, Apr 5, 11 @ 2:05 pm:
So, maybe they could come up with a bill that limited it to townships with less than 15 miles of roads.
I think the current minimum township mileage that requires a district is 7 miles, so probably wouldn’t affect more than a small percentage of districts that would be below the 15 mile minimum.
the Township Officials of Illinois is a pretty darned strong group.
Should Mr. Yingling be worried about his (concrete) shoe size?
- aaronsinger - Tuesday, Apr 5, 11 @ 2:06 pm:
“So how did the Fed’s record all those conversations on Blago? ”
You answered your own question there with one word: Feds.
- Huh? - Tuesday, Apr 5, 11 @ 2:13 pm:
Norm Stoner does not make idle comments. In the transportation/highways industry, when Norm talks, people listen.
I have known him for many years and consider him a very knowledgeable, intelligent and forward thinking person.
The comments made by Mr. Ronan are uncalled for, unkind and rude. There is no reason to direct such language towrds Mr. Storner.
- BCross - Tuesday, Apr 5, 11 @ 2:37 pm:
Ahoy — here is a previous news story about this.
http://archive.chicagobreakingnews.com/2010/08/aclu-challenges-illinois-eavesdropping-act.html
- D.P. Gumby - Tuesday, Apr 5, 11 @ 2:37 pm:
The Illinois Eavesdropping crime is a joke designed to protect cops from Rodney King type recordings. It’s absurd and must be repealed. This fact situation is a prime example. State’s Atty should use discretion and decline to prosecute.
- x ace - Tuesday, Apr 5, 11 @ 3:06 pm:
Eavesdropping law in IL is a disgrace. Confident a simple investigation using FOIA would reveal that IL law enforcement routinely violates the Eavesdropping statute thousands of times a day. Hope it comes to the forefront and a fair law with fair application is in Illinois’s future.
- levois - Tuesday, Apr 5, 11 @ 3:09 pm:
Wow! Everyone has a vested interest in keeping the status quo. The township people want no one to touch them
- overcooked - Tuesday, Apr 5, 11 @ 3:23 pm:
Has anyone asked the counties that would supposedly “take over” township roads, if they are willing and able to provide the services and infrastructure repair of township roads. I thought Cook County wanted to give their roads to the suburbs not take on a new obligation.
- S.D.Howard - Tuesday, Apr 5, 11 @ 3:29 pm:
With the State of Illinois being at risk 140 million dollars if these billboards go up, hopefully Governor Quinn will set aside his personal relationship with Al Ronan and not sign the bill into law.
- Not It - Tuesday, Apr 5, 11 @ 3:30 pm:
Where is Jack Franks when you need him?
- Boone Logan Square - Tuesday, Apr 5, 11 @ 3:49 pm:
How egregious does sign placement have to be to fall afoul of the Highway Beautification Act? It is hardly the most stringent environmental law in US history — far from it.
- Frank - Tuesday, Apr 5, 11 @ 3:50 pm:
Can someone play devil’s advocate and come up with a valid reason as to why eavesdropping laws are enhanced when government officials/employees are involved?
- reformer - Tuesday, Apr 5, 11 @ 3:55 pm:
Last year a bill died in a House committee that would’ve permitted (not required) elimination of twp hwy commissioners when unincorporated roadways fell below 10 miles. It would have affected only a handful of townships, mostly in Cook County. Nevertheless, TOI effectively blocked even a modest reform.
- wordslinger - Tuesday, Apr 5, 11 @ 3:56 pm:
The Illinois Eavesdropping Act is a misnomer. Eavesdropping, by definition, occurs when you listen in or record a conversation in which you’re not a party.
It’s been illegal, forever, in Illinois to record a conversation in which you’re a party without the others consent — and those recordings are certainly not admissible in court.
Why do I get the feeling the original law emanated from the old West Bloc, the River Wards?
The law is outrageous. Good cops can handle their actions being recorded.
- Ronan's Cronie - Tuesday, Apr 5, 11 @ 4:13 pm:
Why are we playing Texas Hold’em with the Feds? Feds tell us in writing 10% of our funding is at risk….. HB 3319 propoonants say “prove it”. I thought IL was pratically broke and now were messing with 10% of our federal highway funds. This bill seems silly. How did it get this far?
- Demoralized - Tuesday, Apr 5, 11 @ 4:15 pm:
While the eavesdropping law here in Illinois might be over the top in terms of the penalty, I watch a story about this on some news show. I think you will find these laws are all over the country. For whatever reason, citizens are not allowed to record or tape law enforcement. Mind you, this is a one way street. Law enforcement can do whatever recording or taping of you they want. There is no law against that. What I’ve heard and seen has not yet persuaded me that law enforcement has any sort of argument in their favor here. If someone in law enforcement can explain this I would be all ears.
- Lowell Jaffe - Tuesday, Apr 5, 11 @ 4:18 pm:
Sam Yingling’s op-ed in the Daily Herald isn’t a call for township elimination or mandatory consolodation. Despite a somewhat misleading headline, Yingling is calling for general reform and allowing voters in a given township to determine what, if any, type of township they need. As he says, the current statute is an antiquated “one size fits all” approach that no longer works.
- allaboutillinois - Tuesday, Apr 5, 11 @ 4:51 pm:
Why would state representatives knowlingly allow themselves to become ACCOMPLICES and willfully finding themselves COMPLICIT in passing a legeslative bill that would fiscally impact Illinois to the tune of $140,000,000? Even with proposing an amendment as an IRRESPONSIBLE attempt to mitigate language that still puts Illinois dollars at risk for removal of non conforming signs when they would VIOLATE federal agreements anyway?
- Scooby - Tuesday, Apr 5, 11 @ 8:45 pm:
I believe that the eavesdropping laws in IL were a result of the Greylord prosecutions and other politicians not wanting to get caught.
- AreYouKiddingMe - Tuesday, Apr 5, 11 @ 9:33 pm:
Why is Governor Quinn not putting the “brakes” on this legislation that could cost the state of Illinois 100 Million in funding if it passes? What about Secretary Hannig at the DOT? We are talking about 140 Million dollars people, and yet this legislation may be voted on in a couple of weeks? This makes no sense!!
- NONO potty mouth - Wednesday, Apr 6, 11 @ 9:42 am:
This weeks winner of a free copy of “How to Win Friends and Influence People”….AL RONAN