Illinois Lawmakers Pass Cook County State’s Attorney Eileen O’Neill Burke’s Proposal to Protect Domestic Violence Victims from Courthouse Intimidation
Illinois Lawmakers Pass Cook County State’s Attorney Eileen O’Neill Burke’s Proposal to Protect Domestic Violence Victims from Courthouse Intimidation
SB 4038 creates statewide criminal penalties for unauthorized courthouse recording to protect domestic violence survivors, victims and witnesses from intimidation and harassment
CHICAGO — Legislation championed by Cook County State’s Attorney Eileen O’Neill Burke to strengthen protections for domestic violence survivors and other victims seeking justice in Illinois courthouses has passed the Illinois General Assembly. The Cook County State’s Attorney’s Office spearheaded the measure, SB 4038, after a series of disturbing incidents in which domestic violence victims were filmed, without their consent, as they attended court hearings. These tactics were intended to silence or dissuade victims from seeking orders of protection or participating in proceedings against their abusers.
Sponsored by State Senator Laura Murphy and State Representative Mary Gill, SB 4038 prohibits recording, livestreaming, or photographing victims or witnesses inside courthouses without consent or judicial authorization. The bill also criminalizes the dissemination of unlawfully obtained courthouse recordings or photographs. Violations would be charged as a Class A misdemeanor. SB 4038 now heads to Governor JB Pritzker’s desk to be signed into law.
“We crafted and proposed this legislation because of the ongoing threat posed by people trying to silence some of our most vulnerable victims and witnesses,” State’s Attorney Burke said. “These unauthorized recordings, which have also been used to harass prosecutors, judges, and advocates trying to help domestic violence victims, are inexcusable and must come to an end. I want to thank Sen. Murphy and Rep. Gill for their partnership and hard work advancing this important measure. We are committed to ensuring that courthouses remain safe places for everybody to participate in our criminal justice system.”
The CCSAO-led legislation was introduced in response to increasing incidents of unauthorized cellphone recording and photography being used to intimidate, harass, or retaliate against victims and witnesses inside courthouses. This problem is particularly traumatizing for domestic violence survivors who turn to courthouses to seek orders of protection or other emergency court remedies.
While individual courthouses may restrict cellphone use, photography or recording, Illinois currently had no enforceable statewide criminal penalty for violating these rules prior to the CCSAO legislation.
“Victims of domestic abuse show immense courage when they choose to testify in courtrooms,” said State Senator Laura Murphy. “This legislation removes intimidation tactics like unauthorized recording and photography from Illinois courtrooms, and ensures victims and witnesses receive the proper protections to feel comfortable taking the stand.”
“At the core of this legislation is the belief that we need to put victims and survivors first,” said Rep. Mary Gill, D-Chicago. “When individuals are going through some of the most difficult moments in their life, they shouldn’t have to fear being recorded without their consent. We’re simply providing them the space to go through the legal proceedings without additional unnecessary stressors.”
The legislation passed with bipartisan support following discussions with stakeholders, including the ACLU, the Cook County Public Defender’s Office and court advocates.
The CCSAO is also grateful for the leadership of President Don Harmon and Speaker Emanuel "Chris" Welch and their staffs for their collaboration and assistance with this important measure.
SB 4038 builds on SA Burke’s commitment to protecting victims of domestic violence, a top priority of her administration. Since assuming office, SA Burke created the Special Victims Bureau to ensure domestic violence cases are handled by specialists with trauma-informed training and through a vertical prosecution style. She has also dedicated additional resources to bolster the CCSAO’s Human Trafficking Unit and marshalled the passage a new law that extends the statute of limitations on grooming, among other needed reforms for sexual abuse and assault victims.
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