Bill Text: IL HB1613 | 2019-2020 | 101st General Assembly | Enrolled


Bill Title: Amends the Illinois Vehicle Code. Deletes language providing that the Section concerning the traffic and pedestrian stop statistical study is repealed on July 1, 2019. Provides that the Department of Transportation shall report specified findings and recommendations to the Governor and the General Assembly on March 1, 2022 (rather than March 1, 2004). Effective immediately.

Spectrum: Partisan Bill (Democrat 21-1)

Status: (Enrolled) 2019-05-24 - Added as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins [HB1613 Detail]

Download: Illinois-2019-HB1613-Enrolled.html



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1 AN ACT concerning transportation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Vehicle Code is amended by changing
5Section 11-212 as follows:
6 (625 ILCS 5/11-212)
7 (Section scheduled to be repealed on July 1, 2019)
8 Sec. 11-212. Traffic and pedestrian stop statistical
9study.
10 (a) Whenever a State or local law enforcement officer
11issues a uniform traffic citation or warning citation for an
12alleged violation of the Illinois Vehicle Code, he or she shall
13record at least the following:
14 (1) the name, address, gender, and the officer's
15 subjective determination of the race of the person stopped;
16 the person's race shall be selected from the following
17 list: American Indian or Alaska Native, Asian, Black or
18 African American, Hispanic or Latino, Native Hawaiian or
19 Other Pacific Islander, or White;
20 (2) the alleged traffic violation that led to the stop
21 of the motorist;
22 (3) the make and year of the vehicle stopped;
23 (4) the date and time of the stop, beginning when the

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1 vehicle was stopped and ending when the driver is free to
2 leave or taken into physical custody;
3 (5) the location of the traffic stop;
4 (5.5) whether or not a consent search contemporaneous
5 to the stop was requested of the vehicle, driver,
6 passenger, or passengers; and, if so, whether consent was
7 given or denied;
8 (6) whether or not a search contemporaneous to the stop
9 was conducted of the vehicle, driver, passenger, or
10 passengers; and, if so, whether it was with consent or by
11 other means;
12 (6.2) whether or not a police dog performed a sniff of
13 the vehicle; and, if so, whether or not the dog alerted to
14 the presence of contraband; and, if so, whether or not an
15 officer searched the vehicle; and, if so, whether or not
16 contraband was discovered; and, if so, the type and amount
17 of contraband;
18 (6.5) whether or not contraband was found during a
19 search; and, if so, the type and amount of contraband
20 seized; and
21 (7) the name and badge number of the issuing officer.
22 (b) Whenever a State or local law enforcement officer stops
23a motorist for an alleged violation of the Illinois Vehicle
24Code and does not issue a uniform traffic citation or warning
25citation for an alleged violation of the Illinois Vehicle Code,
26he or she shall complete a uniform stop card, which includes

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1field contact cards, or any other existing form currently used
2by law enforcement containing information required pursuant to
3this Act, that records at least the following:
4 (1) the name, address, gender, and the officer's
5 subjective determination of the race of the person stopped;
6 the person's race shall be selected from the following
7 list: American Indian or Alaska Native, Asian, Black or
8 African American, Hispanic or Latino, Native Hawaiian or
9 Other Pacific Islander, or White;
10 (2) the reason that led to the stop of the motorist;
11 (3) the make and year of the vehicle stopped;
12 (4) the date and time of the stop, beginning when the
13 vehicle was stopped and ending when the driver is free to
14 leave or taken into physical custody;
15 (5) the location of the traffic stop;
16 (5.5) whether or not a consent search contemporaneous
17 to the stop was requested of the vehicle, driver,
18 passenger, or passengers; and, if so, whether consent was
19 given or denied;
20 (6) whether or not a search contemporaneous to the stop
21 was conducted of the vehicle, driver, passenger, or
22 passengers; and, if so, whether it was with consent or by
23 other means;
24 (6.2) whether or not a police dog performed a sniff of
25 the vehicle; and, if so, whether or not the dog alerted to
26 the presence of contraband; and, if so, whether or not an

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1 officer searched the vehicle; and, if so, whether or not
2 contraband was discovered; and, if so, the type and amount
3 of contraband;
4 (6.5) whether or not contraband was found during a
5 search; and, if so, the type and amount of contraband
6 seized; and
7 (7) the name and badge number of the issuing officer.
8 (b-5) For purposes of this subsection (b-5), "detention"
9means all frisks, searches, summons, and arrests. Whenever a
10law enforcement officer subjects a pedestrian to detention in a
11public place, he or she shall complete a uniform pedestrian
12stop card, which includes any existing form currently used by
13law enforcement containing all the information required under
14this Section, that records at least the following:
15 (1) the gender, and the officer's subjective
16 determination of the race of the person stopped; the
17 person's race shall be selected from the following list:
18 American Indian or Alaska Native, Asian, Black or African
19 American, Hispanic or Latino, Native Hawaiian or Other
20 Pacific Islander, or White;
21 (2) all the alleged reasons that led to the stop of the
22 person;
23 (3) the date and time of the stop;
24 (4) the location of the stop;
25 (5) whether or not a protective pat down or frisk was
26 conducted of the person; and, if so, all the alleged

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1 reasons that led to the protective pat down or frisk, and
2 whether it was with consent or by other means;
3 (6) whether or not contraband was found during the
4 protective pat down or frisk; and, if so, the type and
5 amount of contraband seized;
6 (7) whether or not a search beyond a protective pat
7 down or frisk was conducted of the person or his or her
8 effects; and, if so, all the alleged reasons that led to
9 the search, and whether it was with consent or by other
10 means;
11 (8) whether or not contraband was found during the
12 search beyond a protective pat down or frisk; and, if so,
13 the type and amount of contraband seized;
14 (9) the disposition of the stop, such as a warning, a
15 ticket, a summons, or an arrest;
16 (10) if a summons or ticket was issued, or an arrest
17 made, a record of the violations, offenses, or crimes
18 alleged or charged; and
19 (11) the name and badge number of the officer who
20 conducted the detention.
21 This subsection (b-5) does not apply to searches or
22inspections for compliance authorized under the Fish and
23Aquatic Life Code, the Wildlife Code, the Herptiles-Herps Act,
24or searches or inspections during routine security screenings
25at facilities or events.
26 (c) The Illinois Department of Transportation shall

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1provide a standardized law enforcement data compilation form on
2its website.
3 (d) Every law enforcement agency shall, by March 1 with
4regard to data collected during July through December of the
5previous calendar year and by August 1 with regard to data
6collected during January through June of the current calendar
7year, compile the data described in subsections (a), (b), and
8(b-5) on the standardized law enforcement data compilation form
9provided by the Illinois Department of Transportation and
10transmit the data to the Department.
11 (e) The Illinois Department of Transportation shall
12analyze the data provided by law enforcement agencies required
13by this Section and submit a report of the previous year's
14findings to the Governor, the General Assembly, the Racial
15Profiling Prevention and Data Oversight Board, and each law
16enforcement agency no later than July 1 of each year. The
17Illinois Department of Transportation may contract with an
18outside entity for the analysis of the data provided. In
19analyzing the data collected under this Section, the analyzing
20entity shall scrutinize the data for evidence of statistically
21significant aberrations. The following list, which is
22illustrative, and not exclusive, contains examples of areas in
23which statistically significant aberrations may be found:
24 (1) The percentage of minority drivers, passengers, or
25 pedestrians being stopped in a given area is substantially
26 higher than the proportion of the overall population in or

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1 traveling through the area that the minority constitutes.
2 (2) A substantial number of false stops including stops
3 not resulting in the issuance of a traffic ticket or the
4 making of an arrest.
5 (3) A disparity between the proportion of citations
6 issued to minorities and proportion of minorities in the
7 population.
8 (4) A disparity among the officers of the same law
9 enforcement agency with regard to the number of minority
10 drivers, passengers, or pedestrians being stopped in a
11 given area.
12 (5) A disparity between the frequency of searches
13 performed on minority drivers or pedestrians and the
14 frequency of searches performed on non-minority drivers or
15 pedestrians.
16 (f) Any law enforcement officer identification information
17and driver or pedestrian identification information that is
18compiled by any law enforcement agency or the Illinois
19Department of Transportation pursuant to this Act for the
20purposes of fulfilling the requirements of this Section shall
21be confidential and exempt from public inspection and copying,
22as provided under Section 7 of the Freedom of Information Act,
23and the information shall not be transmitted to anyone except
24as needed to comply with this Section. This Section shall not
25exempt those materials that, prior to the effective date of
26this amendatory Act of the 93rd General Assembly, were

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1available under the Freedom of Information Act. This subsection
2(f) shall not preclude law enforcement agencies from reviewing
3data to perform internal reviews.
4 (g) Funding to implement this Section shall come from
5federal highway safety funds available to Illinois, as directed
6by the Governor.
7 (h) The Illinois Criminal Justice Information Authority
8Illinois Department of Transportation, in consultation with
9law enforcement agencies, officials, and organizations,
10including Illinois chiefs of police, the Department of State
11Police, the Illinois Sheriffs Association, and the Chicago
12Police Department, and community groups and other experts,
13shall undertake a study to determine the best use of technology
14to collect, compile, and analyze the traffic stop statistical
15study data required by this Section. The Department shall
16report its findings and recommendations to the Governor and the
17General Assembly by March 1, 2022 2004.
18 (h-1) The Traffic and Pedestrian Stop Data Use and
19Collection Task Force is hereby created.
20 (1) The Task Force shall undertake a study to determine
21 the best use of technology to collect, compile, and analyze
22 the traffic stop statistical study data required by this
23 Section.
24 (2) The Task Force shall be an independent Task Force
25 under the Illinois Criminal Justice Information Authority
26 for administrative purposes, and shall consist of the

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1 following members:
2 (A) 2 academics or researchers who have studied
3 issues related to traffic or pedestrian stop data
4 collection and have education or expertise in
5 statistics;
6 (B) one professor from an Illinois university who
7 specializes in policing and racial equity;
8 (C) one representative from the Illinois State
9 Police;
10 (D) one representative from the Chicago Police
11 Department;
12 (E) one representative from the Illinois Chiefs of
13 Police;
14 (F) one representative from the Illinois Sheriffs
15 Association;
16 (G) one representative from the Chicago Fraternal
17 Order of Police;
18 (H) one representative from the Illinois Fraternal
19 Order of Police;
20 (I) the Executive Director of the American Civil
21 Liberties Union of Illinois, or his or her designee;
22 and
23 (J) 5 representatives from different community
24 organizations who specialize in civil or human rights,
25 policing, or criminal justice reform work, and that
26 represent a range of minority interests or different

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1 parts of the State.
2 (3) The Illinois Criminal Justice Information
3 Authority may consult, contract, work in conjunction with,
4 and obtain any information from any individual, agency,
5 association, or research institution deemed appropriate by
6 the Authority.
7 (4) The Task Force shall report its findings and
8 recommendations to the Governor and the General Assembly by
9 March 1, 2022 and every 3 years after.
10 (h-5) For purposes of this Section:
11 (1) "American Indian or Alaska Native" means a person
12 having origins in any of the original peoples of North and
13 South America, including Central America, and who
14 maintains tribal affiliation or community attachment.
15 (2) "Asian" means a person having origins in any of the
16 original peoples of the Far East, Southeast Asia, or the
17 Indian subcontinent, including, but not limited to,
18 Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
19 the Philippine Islands, Thailand, and Vietnam.
20 (2.5) "Badge" means an officer's department issued
21 identification number associated with his or her position
22 as a police officer with that department.
23 (3) "Black or African American" means a person having
24 origins in any of the black racial groups of Africa. Terms
25 such as "Haitian" or "Negro" can be used in addition to
26 "Black or African American".

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1 (4) "Hispanic or Latino" means a person of Cuban,
2 Mexican, Puerto Rican, South or Central American, or other
3 Spanish culture or origin, regardless of race.
4 (5) "Native Hawaiian or Other Pacific Islander" means a
5 person having origins in any of the original peoples of
6 Hawaii, Guam, Samoa, or other Pacific Islands.
7 (6) "White" means a person having origins in any of the
8 original peoples of Europe, the Middle East, or North
9 Africa.
10 (i) (Blank). This Section is repealed on July 1, 2019.
11(Source: P.A. 98-686, eff. 6-30-14; 99-352, eff. 1-1-16.)
12 Section 99. Effective date. This Act takes effect upon
13becoming law.
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