Arrest and Bail in Chicago

Arrest and Bail in Chicago/ Eavesdropping

by Sue Basko

See also: Illinois Eavesdropping Law and Video at Protests
See also: Where You Can Protest in Chicago and How
See also: Chicago NATO Summit Protests
See also: Chicago News Media Credentials

 Planning a trip to Chicago for NATO Summit protests?  Arrested at a protest in Chicago?  Unlike California and some other states, Illinois does not use bail bondsmen.  If you are arrested (not on a warrant) on a misdemeanor or petty ordinance violation while in Chicago, you will be required to pay a bail bond of 10% of the total bail, but a minimum of $120 or $150 must be paid.   This is paid directly to the desk sergeant at the police station where you are being held.  This bail bond amount will usually be $120 or $150 in cash or cashier’s check.  If you cannot pay the bail, the watch commander at the station may authorize that you be released on an “I Bond,” or Individual Bond, which means you are being released on your own recognizance.  If you are arrested on a felony, you will be brought before a judge who will set the bail amount.  You will then have to pay 10% of that amount.  If you show up court, and after your case is all over, you may apply to have your bail, minus some fees, refunded to you.

CLICK to download Chicago Police Department Bail Bond Manual

 

Municipal, State, and Federal Offenses:

If you are arrested at a protest in Chicago, you will probably be charged with either a violation of the Chicago Municipal Code or of the Illinois Criminal Code.  Call me cynical, but I think the City will most likely be trying to charge protesters with Municipal Code violations, so the City can make the money in fines.   Some of the Chicago laws pertaining to protests can be read at:

Where You Can Protest in Chicago and How.
see also: Chicago NATO Protests
see also: Illinois Eavesdropping Law and Video at Protests

The  NATO summits are being run by the U.S. Secret Service and FBI.  You might be charged with a federal offense if you are accused of doing anything that affects them, their vehicles, their equipment, or the territory they stake out as a safety perimeter around the event locations.  Please don’t do any of this.

Arrests at Chicago Protests:  It is usually pretty darn easy to avoid getting arrested at a protest in Chicago.  Things that are almost sure to get you arrested at a protest in Chicago are the same things that would get you arrested in public in Chicago, even if it were not a protest, such as: 

• Being in a park after closing 
• Interfering with traffic 
• Use a sound system or megaphone without a permit
• Graffiti – marking with chalk, marker, paint, etc., on anything that is not your own piece of paper
• Possession of markers or paints likely to be used for graffiti
• Any form of property damage or misuse 
• Doing anything as a group that startles or frightens others
• Possessing open alcohol or being intoxicated in public
• Marijuana possession or use (Illinois does not have medical marijuana)
• Carrying a weapon
•  Disobeying simple instructions from a police officer
• Climbing a fence or barrier meant to keep people out 
• Starting any fire
• Pointing a laser pointer at a plane, vehicle, or person  

Eavesdropping –

UPDATE: APRIL 28, 2012 

According to news reports, Chicago police will not enforce the Illinois Eavesdropping Law during the NATO Summit in Chicago.  This means live streamers are free to record audio with their video without fear of prosecution under the eavesdropping law.  Please see this news article at the NorthWest Times.

older post:
If you plan to bring an audio or video recorder, including a phone with a built-in camera, and if you are not a broadcast journalist, please be aware that it is a crime in Illinois to record any conversation between two or more people without stated specific permission beforehand from each of them.  If you record a police officer in conversation with someone while in the course of official duties, it is a serious felony.  If you wish to videotape an arrest and you are not an actual broadcast journalist, be absolutely sure you are not recording audio.  You may still be arrested, but if you have not recorded audio, you will most likely have a defense.  Please read the full article linked at: Illinois Eavesdropping Law and Video at Protests. 

If you are actually Broadcasting or recording for later Broadcast, the law is slightly different, please read the full linked article and consult with a lawyer.  Illinois Eavesdropping Law and Video at Protests.

If you are an actual broadcast journalist, as some of the live streamers are,  try to get Chicago News Media Credentials and/or the special NATO Press Credentials.     

    

Chicago News Media Credentials

CHICAGO NEWS MEDIA CREDENTIALS

By Sue Basko

see also: Illinois Eavesdropping Law and Video at Protests

see also:  CHICAGO NATO PROTESTS
see also: Where You Can Protest in Chicago and How
See also: Applying for Chicago News Media Credentials.

See also: Arrest and Bail in Chicago/ Eavesdropping

UPDATE: APRIL 28, 2012 

According to news reports, Chicago police will not enforce the Illinois Eavesdropping Law during the NATO Summit in Chicago.  This means live streamers are free to record audio with their video without fear of prosecution under the eavesdropping law.  Please see this news article at the NorthWest Times. 

  

BELOW IS THE CHICAGO MUNICIPAL CODE ON NEWS MEDIA CREDENTIALS.
At the Chicago NATO Summit, a good portion of the downtown area is expected to be a "frozen zone."   There will be two types of press credentials -- Chicago News Media credentials, and then special NATO credentials issued by the State Dept.    

CHICAGO MUNICIPAL CODE

CHAPTER 4-328

NEWS MEDIA CREDENTIALS

4-328-010     Credentials – Required.

4-328-020     Issuance authorized.

4-328-030     Application.

4-328-040     Advisory committee.

4-328-050     Credential – Form and contents.

4-328-060     Surrender of credential.

4-328-070     Credential – Revocation.

4-328-080     Counterfeit or imitation media credentials.

4-328-090     Regulations.

4-328-100     Violation – Penalty.

 4-328-010  Credentials – Required.

     No person shall be eligible to gain access to areas reserved for the news media for the purpose of gathering and editing spot news or photographing news events unless such person is a legal holder of a news media credential as provided herein, and displays such credential prominently and in plain view on their person.

     For purposes of this chapter, the term “news media” means a newspaper or other periodical issued at regular intervals whether in print or electronic format, a news service whether in print or electronic format, a radio station, a television station, a television network, a community antenna television service, or a person or corporation engaged in making news reels or other motion picture news for public showing.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 9-8-10, p. 99274, § 1)

 4-328-020  Issuance authorized.

     The superintendent of police has power to issue news media credentials making the holder, upon properly displaying such credential prominently and in plain view on their person, eligible to gain access to areas reserved for the news media for the purpose of gathering and editing spot news or photographing news events in Chicago.  Such news media credentials shall be issued only to those engaged in gathering, reporting, editing, producing or photographing current news events for newspapers, press associations, radio stations and other news media.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 9-8-10, p. 99274, § 1)

 4-328-030  Application.

     The application for such news media credentials shall be made in writing on a form specified by the superintendent, and shall contain such information as the superintendent may reasonably require.  If the credential is sought for an employee of a news media organization, the application shall be made by the employer on behalf of the employee qualified to hold news media credentials. The employer shall represent that the employee on whose behalf an application for a news media credential is made is a reporter, editor, writer, photographer, producer  or broadcaster of spot news.  If the credential is sought for a person who is not an employee of a news media organization, the application shall contain such information and requirements as the superintendent shall specify by regulation.  No such credential shall be issued unless the applicant meets these requirements.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 9-8-10, p. 99274, § 1)

 4-328-040  Advisory committee.

     The mayor has power to appoint an advisory committee on news media credentials composed of five members, on which there shall be a representative of the mayor, a representative of the superintendent of police, a representative of the newspapers, a representative of the press associations, and a representative of the radio stations referred to in Section 4-328-020, which committee shall formulate rules of procedure, recommend standards of qualification, examine all applicants for news media credentials and advise with and make recommendations to the superintendent of police, where applicants are qualified, regarding the issuance of the same.

(Added Coun. J. 12-9-92, p. 25465)

 4-328-050  Credential – Form and contents.

     The news media credentials shall be in such form as is designated and prepared by the superintendent of police and shall display a photograph of the credential holder.  There shall also be printed on the news media credential excerpts from this chapter to give notice of the prohibitions provided therein and associated penalty for violation and the conditions under which the credential is issued.  Such news media credential shall be valid for a period to be determined by the superintendent of police but not to exceed two years from the date of issuance.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 9-8-10, p. 99274, § 1)

 4-328-060  Surrender of credential.

     Upon termination of employment with the employer which applied for the credential, or other change in status that renders the holder no longer eligible for the news media credential issued to him, the holder or his employer shall return the credential to the superintendent together with a statement of the reason for the return.  It shall be a violation of this section to fail to return the credential under the circumstances set forth herein, and the employer and credential holder shall be jointly and severally liable for such violation.

(Added Coun. J. 9-8-10, p. 99274, § 1)

 4-328-070  Credential – Revocation.

     The superintendent of police has power to revoke any news media credential for improper use thereof by the holder, and upon notice thereof to the employer it shall be the duty of the holder and the employer to immediately surrender the news media credential so revoked.

(Added Coun. J. 12-9-92, p. 25465)

 4-328-080  Counterfeit or imitation media credentials.

     No person shall counterfeit or imitate, or attempt to counterfeit or imitate, any such news media credential so issued by the superintendent of police; nor shall any person use or exhibit, or attempt to use or exhibit, any such news media credential or any credential similar in appearance thereto for the purpose of obtaining press privileges or of passing police or fire lines without authority of the superintendent of police; nor shall any person represent that he is a holder of such news media credential unless he is the actual authorized holder.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 9-8-10, p. 99274, § 1)

 4-328-090  Regulations.

     The superintendent of police is authorized to promulgate regulations to effectuate the purposes of this chapter.  The violation of any such regulation shall be considered to be a violation of this chapter.

(Added Coun. J. 9-8-10, p. 99274, § 1)

 4-328-100  Violation – Penalty.

     Any person violating any of the provisions of this chapter or any regulation promulgated thereunder shall upon conviction be fined an amount not less than $100.00 and not more than $200.00.

(Added Coun. J. 9-8-10, p. 99274, § 1)