Bill Text: IL HB0025 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Creates the Eliminate Racial Profiling Act. Provides that no law enforcement agent or law enforcement agency shall engage in racial profiling. Allows the State or a person injured by racial profiling to enforce the racial profiling provision in a civil action for declaratory or injunctive relief. Requires law enforcement agencies to maintain policies and procedures, designed to eliminate racial profiling, and to certify that in applications for certain federal grant programs. Requires the Attorney General to adopt rules for administrative complaint procedures and independent audit programs applicable to law enforcement agencies. Allows the Attorney General to make grants to law enforcement agencies to develop and implement best practices to eliminate racial profiling. Allows the Attorney General to order the withholding of certain federal grants for law enforcement agencies that are not in compliance with the Act. Grants rulemaking authority to the Attorney General to implement the Act. Defines terms.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2020-07-09 - Added Co-Sponsor Rep. Rita Mayfield [HB0025 Detail]

Download: Illinois-2019-HB0025-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB0025 Introduced , by Rep. André Thapedi SYNOPSIS AS INTRODUCED:
New Act
Creates the Eliminate Racial Profiling Act. Provides that no law enforcement agent or law enforcement agency shall engage in racial profiling. Allows the State or a person injured by racial profiling to enforce the racial profiling provision in a civil action for declaratory or injunctive relief. Requires law enforcement agencies to maintain policies and procedures, designed to eliminate racial profiling, and to certify that in applications for certain federal grant programs. Requires the Attorney General to adopt rules for administrative complaint procedures and independent audit programs applicable to law enforcement agencies. Allows the Attorney General to make grants to law enforcement agencies to develop and implement best practices to eliminate racial profiling. Allows the Attorney General to order the withholding of certain federal grants for law enforcement agencies that are not in compliance with the Act. Grants rulemaking authority to the Attorney General to implement the Act. Defines terms.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning racial profiling.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Eliminate Racial Profiling Act.
Section 5. Definitions. In this Act:
"Covered program" means any program or activity funded in
whole or in part with funds made available under:
(1) the Edward Byrne Memorial Justice Assistance Grant
Program under part E of title I of the federal Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750
et seq.); and
(2) the "Cops on the Beat" program under part Q of
title I of the federal Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796dd et seq.), except that
no program, project, or other activity specified in Section
1701(b)(13) of that part shall be a covered program.
"Governmental body" means any department, agency, special
purpose district, or other instrumentality of State or local
government.
"Hit rate" means the percentage of stops and searches in
which a law enforcement officer finds drugs, a gun, or other
contraband that leads to an arrest. The hit rate is calculated

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by dividing the total number of searches by the number of
searches that yield contraband. The hit rate is complementary
to the rate of false stops.
"Law enforcement agency" means any State or local public
agency engaged in the prevention, detection, or investigation
of violations of criminal laws.
"Law enforcement agent" means any State or local official
responsible for enforcing criminal laws, including police
officers and other agents of a law enforcement agency.
"Prevailing party" means a person:
(1) who obtains some of his or her requested relief
through a judicial judgment in his or her favor;
(2) who obtains some of his or her requested relief
through any settlement agreement approved by the court; or
(3) whose pursuit of a non-frivolous claim was a
catalyst for a unilateral change in position by the
opposing party relative to the relief sought.
"Racial profiling" means the practice of a law enforcement
agent or agency relying, to any degree, on actual or perceived
race, ethnicity, national origin, religion, gender, gender
identity, or sexual orientation in selecting which person to
subject to routine or spontaneous investigatory activities or
in deciding upon the scope and substance of law enforcement
activity following the initial investigatory procedure, except
when there is trustworthy information, relevant to the locality
and time frame, that links a person with a particular

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characteristic described in this paragraph to an identified
criminal incident or scheme.
"Routine or spontaneous investigatory activities" means
the following activities by a law enforcement agent:
(1) interviews;
(2) traffic stops;
(3) pedestrian stops;
(4) frisks and other types of body searches;
(5) consensual or nonconsensual searches of a person,
property, or his of her possessions, including a vehicle,
of persons using any form of public or private
transportation, including motorists and pedestrians;
(6) data collection and analysis, assessments, and
predicated investigations; or
(7) any other type of law enforcement encounters
compiled for or by the Department of State Police and the
Racial Profiling Prevention and Data Oversight Board under
the Racial Profiling Prevention and Data Oversight Act.
"Reasonable request" means all requests for information,
except for those that:
(1) are immaterial to the investigation;
(2) would result in the unnecessary disclosure of
personal information; or
(3) would place a severe burden on the resources of the
law enforcement agency given its size.
"Unit of local government" means:

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(1) any municipal, county, township, or other general
purpose political subdivision of this State;
(2) any law enforcement district or jurisdiction that:
(A) is established under applicable State law; and
(B) has the authority to, and in a manner
independent of other State entities, establish a
budget and impose taxes.
Section 10. Racial profiling prohibition. No law
enforcement agent or law enforcement agency shall engage in
racial profiling.
Section 15. Enforcement.
(a) The State or a person injured by racial profiling may
enforce Section 10 in a civil action for declaratory or
injunctive relief, filed in a State court of competent
jurisdiction.
(b) In any action brought under this Act, relief may be
obtained against:
(1) any governmental body that employed any law
enforcement agent who engaged in racial profiling;
(2) any agent of a governmental body who engaged in
racial profiling; and
(3) any person with supervisory authority over any law
enforcement agent who engaged in racial profiling.
(c) Proof that the routine or spontaneous investigatory

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activities of law enforcement agents in a jurisdiction have had
a disparate impact on persons with a particular racial
profiling characteristic shall constitute prima facie evidence
of a violation of this Act.
(d) Upon motion, a court shall award reasonable attorney's
fees and costs, including expert witness fees and other
litigation expenses, to a plaintiff who is a prevailing party
in any action brought: (1) under subsection (b) of this
Section; or (2) to enforce a right arising under the Illinois
Constitution. In awarding reasonable attorney's fees, the
court shall consider the degree to which the relief obtained
relates to the relief sought.
Section 20. Policies to eliminate racial profiling.
(a) Law enforcement agencies shall:
(1) maintain adequate policies and procedures designed
to eliminate racial profiling; and
(2) cease existing practices that permit racial
profiling.
(b) The policies and procedures described in paragraph (1)
of subsection (a) shall include:
(1) a prohibition on racial profiling;
(2) training on racial profiling issues as part of law
enforcement training;
(3) the collection of data under rules adopted under
Section 45;

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(4) procedures for receiving, investigating, and
responding meaningfully to complaints alleging racial
profiling by law enforcement agents; and
(5) any other policies and procedures the Attorney
General determines to be necessary to eliminate racial
profiling by law enforcement agencies.
Section 25. Policies required for grants.
(a) An application by a unit of local government or a law
enforcement agency for funding under a covered program shall
include a certification that the unit of local government or
law enforcement agency, and any law enforcement agency to which
it will distribute funds:
(1) maintains adequate policies and procedures
designed to eliminate racial profiling; and
(2) has eliminated any existing practices that permit
or encourage racial profiling.
(b) The policies and procedures described in paragraph (1)
of subsection (a) shall include:
(1) a prohibition on racial profiling;
(2) training on racial profiling issues as part of law
enforcement training;
(3) the collection of data under the rules adopted by
the Attorney General under Section 45; and
(4) participation in an administrative complaint
procedure or independent audit program that meets the

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requirements of Section 30 of this Act.
Section 30. Attorney General; rulemaking authority.
(a) Not later than 6 months after the effective date of
this Act and in consultation with stakeholders, including law
enforcement agencies and community, professional, research,
and civil rights organizations, the Attorney General shall
adopt rules for the operation of administrative complaint
procedures and independent audit programs to ensure that the
programs and procedures provide an appropriate response to
allegations of racial profiling by law enforcement agents or
agencies. The rules shall contain guidelines that ensure the
fairness, effectiveness, and independence of the
administrative complaint procedures and independent auditor
programs.
(b) If the Attorney General determines that the recipient
of a grant from any covered program is not in compliance with
the requirements of Section 20 or any rule adopted under
subsection (a) of this Section, the Attorney General shall
order the distributing agency to withhold, in whole or in part,
at the discretion of the Attorney General, funds for one or
more grants to the recipient under the covered program, until
the recipient establishes compliance.
(c) The Attorney General shall provide notice and an
opportunity for private parties to present evidence to the
Attorney General that a recipient of a grant from any covered

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program is not in compliance with the requirements of this Act.
Section 35. Data collection.
(a) The Attorney General may, through competitive grants or
contracts, carry out a 2-year demonstration project for the
purpose of developing and implementing data collection
programs on the hit rates for stops and searches by law
enforcement agencies. The data collected shall be
disaggregated by race, ethnicity, national origin, gender, and
religion.
(1) The Attorney General shall provide not more than 10
grants or contracts under this Section.
(2) Grants or contracts under this Section shall be
awarded to law enforcement agencies that serve communities
in which there is a significant concentration of racial or
ethnic minorities and that are not already collecting data
voluntarily beyond that which is required under the Traffic
Stop Statistical Study Act.
(b) Activities carried out with a grant under this Section
shall include:
(1) developing a data collection tool and reporting the
compiled data to the Attorney General; and
(2) training of law enforcement personnel on data
collection, particularly for data collection on hit rates
for stops and searches.
(c) Not later than 3 years after the effective date of this

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Act, the Attorney General shall enter into a contract with a
State institution of higher education to analyze the data
collected by each of the grantees funded under this Section.
Section 40. Best practices development grants.
(a) The Attorney General may make grants to law enforcement
agencies and units of local government to develop and implement
best practice devices and systems to eliminate racial
profiling.
(b) The funds provided under subsection (a) of this Section
shall be used for programs that include the following purposes:
(1) The development and implementation of training to
prevent racial profiling and to encourage more respectful
interaction with the public.
(2) The acquisition and use of technology to facilitate
the accurate collection and analysis of data.
(3) The development and acquisition of feedback
systems and technologies that identify officers or units of
officers engaged in, or at risk of engaging in, racial
profiling or other misconduct.
(4) The establishment and maintenance of an
administrative complaint procedure or independent auditor
program.
(c) The Attorney General shall ensure that grants under
this Section are awarded in a manner that reserves an equitable
share of funding for small and rural law enforcement agencies.

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(d) Each law enforcement agency or unit of local government
desiring a grant under this Section shall submit an application
to the Attorney General at the time, in the manner, and
accompanied by the information as the Attorney General may
reasonably require.
Section 45. Rulemaking.
(a) Not later than 6 months after the effective date of
this Act, the Attorney General, in consultation with
stakeholders, including State and local law enforcement
agencies and community, professional, research, and civil
rights organizations, shall adopt rules for the collection and
compilation of data under Sections 15 and 20 of this Act.
(b) The rules adopted under subsection (a) shall:
(1) provide for the collection of data on all routine
or spontaneous investigatory activities;
(2) provide that the data collected shall:
(A) be collected by race, ethnicity, national
origin, gender, and religion, as perceived by the law
enforcement officer;
(B) include the date, time, and location of the
investigatory activities;
(C) include detail sufficient to permit an
analysis of whether a law enforcement agency is
engaging in racial profiling; and
(D) not include personally identifiable

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information;
(3) provide that a standardized form shall be made
available to law enforcement agencies for the submission of
collected data to the Attorney General;
(4) provide that law enforcement agencies shall
compile data on the standardized form made available under
paragraph (3) of this subsection (b), and submit the form
to the Attorney General;
(5) provide that law enforcement agencies shall
maintain all data collected under this Act for not less
than 4 years;
(6) include guidelines for setting comparative
benchmarks, consistent with best practices, against which
collected data shall be measured; and
(7) provide that the Attorney General shall:
(A) analyze the data for any statistically
significant disparities, including:
(i) disparities in the percentage of drivers
or pedestrians stopped relative to the proportion
of the population passing through the
neighborhood;
(ii) disparities in the hit rate;
(iii) disparities in the frequency of searches
performed on racial or ethnic minority drivers and
the frequency of searches performed on
non-minority drivers; and

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(B) not later than 3 years after the effective date
of this Act, and annually thereafter:
(i) prepare a report regarding the findings of
the analysis conducted under subparagraph (A) of
this paragraph (7);
(ii) provide the report to the General
Assembly; and
(iii) make the report available to the public,
including on the Attorney General's website.
(c) In addition to the rules under subsections (a) and (b)
of this Section, the Attorney General may adopt any other rules
he or she determines are necessary to implement this Act.
Section 50. Publication of data. The Attorney General shall
provide to the General Assembly and make available to the
public, together with each annual report described in Section
25, the data collected under this Act, excluding any personally
identifiable information.
Section 55. Reports. Not later than 2 years after the
effective date of this Act, and annually thereafter, the
Attorney General shall submit to the General Assembly a report
on racial profiling by law enforcement agencies. The reports to
the General Assembly shall be filed with the Clerk of the House
of Representatives and the Secretary of the Senate in
electronic form only, in the manner that the Clerk and the

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Secretary shall direct. Each report submitted shall include:
(1) a summary of data collected under paragraph (3) of
subsection (b) of Section 15 and paragraph (3) of subsection
(b) of Section 20 and from any other reliable source of
information regarding racial profiling in the State;
(2) a discussion of the findings in the most recent report
prepared by the Attorney General under paragraph (7) of
subsection (b) of Section 45;
(3) the status of the adoption and implementation of
policies and procedures by law enforcement agencies under this
Act; and
(4) a description of any other policies and procedures that
the Attorney General believes would facilitate the elimination
of racial profiling.