|
| Public Act 101-0024
|
| HB1613 Enrolled | LRB101 08847 TAE 53936 b |
|
|
AN ACT concerning transportation.
|
Be it enacted by the People of the State of Illinois,
|
represented in the General Assembly:
|
Section 5. The Illinois Vehicle Code is amended by changing |
Section 11-212 as follows:
|
(625 ILCS 5/11-212)
|
(Section scheduled to be repealed on July 1, 2019)
|
Sec. 11-212. Traffic and pedestrian stop statistical |
study.
|
(a) Whenever a State or local law enforcement officer |
issues a
uniform traffic citation or warning citation for an |
alleged
violation of the Illinois Vehicle Code, he or she shall
|
record at least the following:
|
(1) the name, address, gender, and
the officer's |
subjective determination of the race of
the person
stopped; |
the person's race shall be selected from the following |
list:
American Indian or Alaska Native, Asian, Black or |
African American, Hispanic or Latino, Native Hawaiian or |
Other Pacific Islander, or White;
|
(2) the alleged traffic violation that led to the
stop |
of the motorist;
|
(3) the make and year of the vehicle
stopped;
|
(4) the date and time of the stop, beginning when the |
|
vehicle was stopped and ending when the driver is free to |
leave or taken into physical custody;
|
(5) the location of the traffic stop; |
(5.5) whether or not a consent search contemporaneous |
to the stop was requested of the vehicle, driver, |
passenger, or passengers; and, if so, whether consent was |
given or denied;
|
(6) whether or not a search contemporaneous to the stop |
was conducted of
the
vehicle, driver, passenger, or |
passengers; and, if so, whether it was with
consent or by |
other means; |
(6.2) whether or not a police dog performed a sniff of |
the vehicle; and, if so, whether or not the dog alerted to |
the presence of contraband; and, if so, whether or not an |
officer searched the vehicle; and, if so, whether or not |
contraband was discovered; and, if so, the type and amount |
of contraband; |
(6.5) whether or not contraband was found during a |
search; and, if so, the type and amount of contraband |
seized; and
|
(7) the name and badge number of the issuing officer.
|
(b) Whenever a State or local law enforcement officer stops |
a
motorist for an alleged violation of the Illinois Vehicle |
Code
and does not issue a uniform traffic citation or
warning |
citation for an alleged violation of the Illinois
Vehicle Code, |
he or she shall complete a uniform stop card, which includes
|
|
field
contact cards, or any other existing form currently used |
by law enforcement
containing
information required pursuant to |
this Act,
that records
at least the following:
|
(1) the name, address, gender,
and
the officer's |
subjective determination of the race of the person
stopped; |
the person's race shall be selected from the following |
list:
American Indian or Alaska Native, Asian, Black or |
African American, Hispanic or Latino, Native Hawaiian or |
Other Pacific Islander, or White;
|
(2) the reason that led to the stop of the
motorist;
|
(3) the make and year of the vehicle
stopped;
|
(4) the date and time of the stop, beginning when the |
vehicle was stopped and ending when the driver is free to |
leave or taken into physical custody;
|
(5) the location of the traffic stop; |
(5.5) whether or not a consent search contemporaneous |
to the stop was requested of the vehicle, driver, |
passenger, or passengers; and, if so, whether consent was |
given or denied;
|
(6) whether or not a search contemporaneous to the stop |
was conducted of
the
vehicle, driver, passenger, or |
passengers; and, if so, whether it was with
consent or by |
other means; |
(6.2) whether or not a police dog performed a sniff of |
the vehicle; and, if so, whether or not the dog alerted to |
the presence of contraband; and, if so, whether or not an |
|
officer searched the vehicle; and, if so, whether or not |
contraband was discovered; and, if so, the type and amount |
of contraband; |
(6.5) whether or not contraband was found during a |
search; and, if so, the type and amount of contraband |
seized; and
|
(7) the name and badge number of the issuing
officer.
|
(b-5) For purposes of this subsection (b-5), "detention" |
means all frisks, searches, summons, and arrests. Whenever a |
law enforcement officer subjects a pedestrian to detention in a |
public place, he or she shall complete a uniform pedestrian |
stop card, which includes any existing form currently used by |
law enforcement containing all the information required under |
this Section, that records at least the following: |
(1) the gender, and the officer's subjective |
determination of the race of the person stopped; the |
person's race shall be selected from the following list: |
American Indian or Alaska Native, Asian, Black or African |
American, Hispanic or Latino, Native Hawaiian or Other |
Pacific Islander, or White; |
(2) all the alleged reasons that led to the stop of the |
person; |
(3) the date and time of the stop; |
(4) the location of the stop; |
(5) whether or not a protective pat down or frisk was |
conducted of the person; and, if so, all the alleged |
|
reasons that led to the protective pat down or frisk, and |
whether it was with consent or by other means; |
(6) whether or not contraband was found during the |
protective pat down or frisk; and, if so, the type and |
amount of contraband seized; |
(7) whether or not a search beyond a protective pat |
down or frisk was conducted of the person or his or her |
effects; and, if so, all the alleged reasons that led to |
the search, and whether it was with consent or by other |
means; |
(8) whether or not contraband was found during the |
search beyond a protective pat down or frisk; and, if so, |
the type and amount of contraband seized; |
(9) the disposition of the stop, such as a warning, a |
ticket, a summons, or an arrest; |
(10) if a summons or ticket was issued, or an arrest |
made, a record of the violations, offenses, or crimes |
alleged or charged; and |
(11) the name and badge number of the officer who |
conducted the detention. |
This subsection (b-5) does not apply to searches or |
inspections for compliance authorized under the Fish and |
Aquatic Life Code, the Wildlife Code, the Herptiles-Herps Act, |
or searches or inspections during routine security screenings |
at facilities or events. |
(c) The Illinois Department of Transportation shall |
|
provide a
standardized law
enforcement data compilation form on |
its website.
|
(d) Every law enforcement agency shall, by March 1 with |
regard to data collected during July through December of the |
previous calendar year and by August 1 with regard to data |
collected during January through June of the current calendar |
year, compile the data described in subsections (a), (b), and |
(b-5) on
the
standardized law enforcement data compilation form |
provided by the Illinois
Department
of Transportation and |
transmit the data to the Department.
|
(e) The Illinois Department of Transportation shall |
analyze the data
provided
by law
enforcement agencies required |
by this Section and submit a report of the
previous year's
|
findings to the
Governor, the General Assembly, the Racial |
Profiling Prevention and Data Oversight Board, and each law |
enforcement agency no later than
July 1
of each year. The |
Illinois Department of
Transportation may contract with
an |
outside entity for the analysis of the data provided. In |
analyzing the data
collected
under this Section, the analyzing |
entity shall scrutinize the data for evidence
of statistically
|
significant aberrations. The following list, which
is |
illustrative, and not exclusive, contains examples of areas in |
which
statistically
significant aberrations may be found:
|
(1) The percentage of minority drivers, passengers, or |
pedestrians being stopped in a
given
area
is substantially |
higher than the proportion of the overall population in or
|
|
traveling
through the area that the minority constitutes.
|
(2) A substantial number of false stops including stops |
not resulting in
the
issuance of a traffic ticket or the |
making of an arrest.
|
(3) A disparity between the proportion of citations |
issued to minorities
and
proportion of minorities in the |
population.
|
(4) A disparity among the officers of the same law |
enforcement agency with
regard to the number of minority |
drivers, passengers, or pedestrians being stopped in a |
given
area.
|
(5) A disparity between the frequency of searches |
performed on minority
drivers or pedestrians
and the |
frequency of searches performed on non-minority drivers or |
pedestrians.
|
(f) Any law enforcement officer identification information |
and driver or pedestrian
identification information
that is
|
compiled by any law enforcement agency or the Illinois |
Department of
Transportation
pursuant to this Act for
the |
purposes of fulfilling the requirements of this Section shall |
be
confidential and exempt
from
public inspection and copying, |
as provided under Section 7 of the Freedom of
Information
Act,
|
and the information shall not be transmitted to anyone except |
as needed to
comply with
this Section. This Section shall not |
exempt those materials that, prior to the
effective date of |
this
amendatory Act of the 93rd General Assembly, were |
|
available under the Freedom
of
Information Act. This subsection |
(f) shall not preclude law enforcement agencies from reviewing |
data to perform internal reviews.
|
(g) Funding to implement this Section shall come from |
federal highway
safety
funds available to Illinois, as directed |
by the Governor.
|
(h) The Illinois Criminal Justice Information Authority |
Illinois Department of Transportation, in consultation with
|
law enforcement agencies, officials, and organizations, |
including Illinois
chiefs of police,
the Department of State |
Police, the Illinois Sheriffs Association, and the
Chicago |
Police
Department, and community groups and other experts, |
shall undertake a study to
determine the best use of technology |
to collect, compile, and analyze the
traffic stop
statistical |
study data required by this Section. The Department shall |
report
its findings
and recommendations to the Governor and the |
General Assembly by March 1, 2022
2004. |
(h-1) The Traffic and Pedestrian Stop Data Use and |
Collection Task Force is hereby created. |
(1) The Task Force shall undertake a study to determine |
the best use of technology to collect, compile, and analyze |
the traffic stop statistical study data required by this |
Section. |
(2) The Task Force shall be an independent Task Force |
under the Illinois Criminal Justice Information Authority |
for administrative purposes, and shall consist of the |
|
following members: |
(A) 2 academics or researchers who have studied |
issues related to traffic or pedestrian stop data |
collection and have education or expertise in |
statistics; |
(B) one professor from an Illinois university who |
specializes in policing and racial equity; |
(C) one representative from the Illinois State |
Police; |
(D) one representative from the Chicago Police |
Department; |
(E) one representative from the Illinois Chiefs of |
Police; |
(F) one representative from the Illinois Sheriffs |
Association; |
(G) one representative from the Chicago Fraternal |
Order of Police; |
(H) one representative from the Illinois Fraternal |
Order of Police; |
(I) the Executive Director of the American Civil |
Liberties Union of Illinois, or his or her designee; |
and |
(J) 5 representatives from different community |
organizations who specialize in civil or human rights, |
policing, or criminal justice reform work, and that |
represent a range of minority interests or different |
|
parts of the State. |
(3) The Illinois Criminal Justice Information |
Authority may consult, contract, work in conjunction with, |
and obtain any information from any individual, agency, |
association, or research institution deemed appropriate by |
the Authority. |
(4) The Task Force shall report its findings and |
recommendations to the Governor and the General Assembly by |
March 1, 2022 and every 3 years after. |
(h-5) For purposes of this Section: |
(1) "American Indian or Alaska Native" means a person |
having origins in any of the original peoples of North and |
South America, including Central America, and who |
maintains tribal affiliation or community attachment. |
(2) "Asian" means a person having origins in any of the |
original peoples of the Far East, Southeast Asia, or the |
Indian subcontinent, including, but not limited to, |
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, |
the Philippine Islands, Thailand, and Vietnam. |
(2.5) "Badge" means an officer's department issued |
identification number associated with his or her position |
as a police officer with that department. |
(3) "Black or African American" means a person having |
origins in any of the black racial groups of Africa. Terms |
such as "Haitian" or "Negro" can be used in addition to |
"Black or African American". |
|
(4) "Hispanic or Latino" means a person of Cuban, |
Mexican, Puerto Rican, South or Central American, or other |
Spanish culture or origin, regardless of race. |
(5) "Native Hawaiian or Other Pacific Islander" means a |
person having origins in any of the original peoples of |
Hawaii, Guam, Samoa, or other Pacific Islands. |
(6) "White" means a person having origins in any of the |
original peoples of Europe, the Middle East, or North |
Africa. |
(i) (Blank). This Section is repealed on July 1, 2019.
|
(Source: P.A. 98-686, eff. 6-30-14; 99-352, eff. 1-1-16.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|
