State’s Attorney Burke’s Legislation Protecting Domestic Violence Victims from Courthouse Intimidation Signed into Law

In the second legislative session since assuming office in 2024, State’s Attorney Burke delivers on commitment to protect survivors and hold offenders accountable

CHICAGO – A measure championed by Cook County State’s Attorney Eileen O’Neill Burke strengthening protections for domestic violence survivors and other victims seeking justice in Illinois courthouses has been signed into law by Gov. JB Pritzker. 

SB 4038 – which received bipartisan support in both chambers of the Illinois General Assembly – was spearheaded by the Cook County State’s Attorney’s Office (CCSAO) after several disturbing incidents in which domestic violence victims were filmed, without their consent, as they attended court hearings. 

“For too long, domestic violence victims have suffered additional trauma from abusers trying to silence them,” State’s Attorney Burke said. “This legislation protects victims and witnesses from harassment and intimidation intended to limit their participation in the criminal justice system.”

SB 4038, sponsored by State Senator Laura Murphy (D – Des Plaines) and State Representative Mary Gill (D – Chicago), bans unauthorized video recording in courthouses. Prior to the passage of SB 4038, Illinois had no enforceable statewide criminal penalty to address increasing incidents of unauthorized cellphone recording and photography used to intimidate, harass, or retaliate against victims and witnesses inside courthouses.

This bill establishes uniform enforcement and statewide criminal penalties, redefines “recording” to include video transmission and still photography, and defines “courthouse” to include any facility – local, county, or state – where court proceedings are held or where court functions occur. Violations will be charged as a Class A misdemeanor. The legislation advanced to Gov. Pritzker’s desk and was signed Friday.

“Domestic assault victims bravely battle trauma and anxiety when they testify at court hearings,” said State Senator Laura Murphy. “It is our job in Illinois to support these victims by protecting them from intimidators who record them as a way to prevent them from sharing their voice. This law will ensure that Illinois courtrooms remain a safe space for everyone who shares their story.”

“Court houses must be safe places where victims and witnesses feel supported and empowered to seek the justice they deserve. This comprehensive legislation is critical to protect some of our most vulnerable crime victims and to stop those who intend to retraumatize them,” said State Representative Mary Gill. “I commend State’s Attorney Burke for her steadfast dedication to fighting for victims of domestic violence, and I’m incredibly proud to be a part of this process.” 

SB 4038 builds on SA Burke’s commitment to protecting all victims, especially victims of domestic violence, a top priority of her administration. Shortly after taking office, SA Burke created the Special Victims Bureau (SVB), a division dedicated to handling sensitive cases involving domestic violence and sexual assault, crimes against children, hate crimes, and other violent crimes against vulnerable victim populations. The SVB follows trauma-informed best practices and a vertical prosecution style to ensure victims are treated with care as their cases advance through the criminal justice system.

SA Burke 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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