Bill Text: IL SB3248 | 2011-2012 | 97th General Assembly | Introduced
Bill Title: Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning traffic stop statistical studies.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-01-08 - Session Sine Die [SB3248 Detail]
Download: Illinois-2011-SB3248-Introduced.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | |||||||||||||||||||
5 | Section 11-212 as follows:
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6 | (625 ILCS 5/11-212)
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7 | (Text of Section before amendment by P.A. 97-469 ) | |||||||||||||||||||
8 | Sec. 11-212. Traffic stop statistical study.
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9 | (a) Whenever a State or local law enforcement officer | |||||||||||||||||||
10 | issues a
uniform traffic citation or warning citation for an | |||||||||||||||||||
11 | alleged
violation of the the Illinois Vehicle Code, he or she | |||||||||||||||||||
12 | shall
record at least the following:
| |||||||||||||||||||
13 | (1) the name, address, gender, and
the officer's | |||||||||||||||||||
14 | subjective determination of the race of
the person
stopped; | |||||||||||||||||||
15 | the person's race shall be selected from the following | |||||||||||||||||||
16 | list:
American Indian or Alaska Native, Asian, Black or | |||||||||||||||||||
17 | African American, Hispanic or Latino, Native Hawaiian or | |||||||||||||||||||
18 | Other Pacific Islander, or White;
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19 | (2) the alleged traffic violation that led to the
stop | |||||||||||||||||||
20 | of the motorist;
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21 | (3) the make and year of the vehicle
stopped;
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22 | (4) the date and time of the stop, beginning when the | |||||||||||||||||||
23 | vehicle was stopped and ending when the driver is free to |
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1 | leave or taken into physical custody;
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2 | (5) the location of the traffic stop; | ||||||
3 | (5.5) whether or not a consent search contemporaneous | ||||||
4 | to the stop was requested of the vehicle, driver, | ||||||
5 | passenger, or passengers; and, if so, whether consent was | ||||||
6 | given or denied;
| ||||||
7 | (6) whether or not a search contemporaneous to the stop | ||||||
8 | was conducted of
the
vehicle, driver, passenger, or | ||||||
9 | passengers; and, if so, whether it was with
consent or by | ||||||
10 | other means; | ||||||
11 | (6.5) whether or not contraband was found during a | ||||||
12 | search; and, if so, the type and amount of contraband | ||||||
13 | seized; and
| ||||||
14 | (7) the name and badge number of the issuing officer.
| ||||||
15 | (b) Whenever a State or local law enforcement officer stops | ||||||
16 | a
motorist for an alleged violation of the Illinois Vehicle | ||||||
17 | Code
and does not issue a uniform traffic citation or
warning | ||||||
18 | citation for an alleged violation of the Illinois
Vehicle Code, | ||||||
19 | he or she shall complete a uniform stop card, which includes
| ||||||
20 | field
contact cards, or any other existing form currently used | ||||||
21 | by law enforcement
containing
information required pursuant to | ||||||
22 | this Act,
that records
at least the following:
| ||||||
23 | (1) the name, address, gender,
and
the officer's | ||||||
24 | subjective determination of the race of the person
stopped; | ||||||
25 | the person's race shall be selected from the following | ||||||
26 | list:
American Indian or Alaska Native, Asian, Black or |
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| |||||||
1 | African American, Hispanic or Latino, Native Hawaiian or | ||||||
2 | Other Pacific Islander, or White;
| ||||||
3 | (2) the reason that led to the stop of the
motorist;
| ||||||
4 | (3) the make and year of the vehicle
stopped;
| ||||||
5 | (4) the date and time of the stop, beginning when the | ||||||
6 | vehicle was stopped and ending when the driver is free to | ||||||
7 | leave or taken into physical custody;
| ||||||
8 | (5) the location of the traffic stop; | ||||||
9 | (5.5) whether or not a consent search contemporaneous | ||||||
10 | to the stop was requested of the vehicle, driver, | ||||||
11 | passenger, or passengers; and, if so, whether consent was | ||||||
12 | given or denied;
| ||||||
13 | (6) whether or not a search contemporaneous to the stop | ||||||
14 | was conducted of
the
vehicle, driver, passenger, or | ||||||
15 | passengers; and, if so, whether it was with
consent or by | ||||||
16 | other means; | ||||||
17 | (6.5) whether or not contraband was found during a | ||||||
18 | search; and, if so, the type and amount of contraband | ||||||
19 | seized; and
| ||||||
20 | (7) the name and badge number of the issuing
officer.
| ||||||
21 | (c) The Illinois Department of Transportation shall | ||||||
22 | provide a
standardized law
enforcement data compilation form on | ||||||
23 | its website.
| ||||||
24 | (d) Every law enforcement agency shall, by March 1 with | ||||||
25 | regard to data collected during July through December of the | ||||||
26 | previous calendar year and by August 1 with regard to data |
| |||||||
| |||||||
1 | collected during January through June of the current calendar | ||||||
2 | year, compile the data described in subsections (a) and (b) on
| ||||||
3 | the
standardized law enforcement data compilation form | ||||||
4 | provided by the Illinois
Department
of Transportation and | ||||||
5 | transmit the data to the Department.
| ||||||
6 | (e) The Illinois Department of Transportation shall | ||||||
7 | analyze the data
provided
by law
enforcement agencies required | ||||||
8 | by this Section and submit a report of the
previous year's
| ||||||
9 | findings to the
Governor, the General Assembly, the Racial | ||||||
10 | Profiling Prevention and Data Oversight Board, and each law | ||||||
11 | enforcement agency no later than
July 1
of each year. The | ||||||
12 | Illinois Department of
Transportation may contract with
an | ||||||
13 | outside entity for the analysis of the data provided. In | ||||||
14 | analyzing the data
collected
under this Section, the analyzing | ||||||
15 | entity shall scrutinize the data for evidence
of statistically
| ||||||
16 | significant aberrations. The following list, which
is | ||||||
17 | illustrative, and not exclusive, contains examples of areas in | ||||||
18 | which
statistically
significant aberrations may be found:
| ||||||
19 | (1) The percentage of minority drivers or passengers | ||||||
20 | being stopped in a
given
area
is substantially higher than | ||||||
21 | the proportion of the overall population in or
traveling
| ||||||
22 | through the area that the minority constitutes.
| ||||||
23 | (2) A substantial number of false stops including stops | ||||||
24 | not resulting in
the
issuance of a traffic ticket or the | ||||||
25 | making of an arrest.
| ||||||
26 | (3) A disparity between the proportion of citations |
| |||||||
| |||||||
1 | issued to minorities
and
proportion of minorities in the | ||||||
2 | population.
| ||||||
3 | (4) A disparity among the officers of the same law | ||||||
4 | enforcement agency with
regard to the number of minority | ||||||
5 | drivers or passengers being stopped in a given
area.
| ||||||
6 | (5) A disparity between the frequency of searches | ||||||
7 | performed on minority
drivers
and the frequency of searches | ||||||
8 | performed on non-minority drivers.
| ||||||
9 | (f) Any law enforcement officer identification information | ||||||
10 | or driver
identification information
that is
compiled by any | ||||||
11 | law enforcement agency or the Illinois Department of
| ||||||
12 | Transportation
pursuant to this Act for
the purposes of | ||||||
13 | fulfilling the requirements of this Section shall be
| ||||||
14 | confidential and exempt
from
public inspection and copying, as | ||||||
15 | provided under Section 7 of the Freedom of
Information
Act,
and | ||||||
16 | the information shall not be transmitted to anyone except as | ||||||
17 | needed to
comply with
this Section. This Section shall not | ||||||
18 | exempt those materials that, prior to the
effective date of | ||||||
19 | this
amendatory Act of the 93rd General Assembly, were | ||||||
20 | available under the Freedom
of
Information Act. This subsection | ||||||
21 | (f) shall not preclude law enforcement agencies from reviewing | ||||||
22 | data to perform internal reviews.
| ||||||
23 | (g) Funding to implement this Section shall come from | ||||||
24 | federal highway
safety
funds available to Illinois, as directed | ||||||
25 | by the Governor.
| ||||||
26 | (h) The Illinois Department of Transportation, in |
| |||||||
| |||||||
1 | consultation with
law enforcement agencies, officials, and | ||||||
2 | organizations, including Illinois
chiefs of police,
the | ||||||
3 | Department of State Police, the Illinois Sheriffs Association, | ||||||
4 | and the
Chicago Police
Department, and community groups and | ||||||
5 | other experts, shall undertake a study to
determine the best | ||||||
6 | use of technology to collect, compile, and analyze the
traffic | ||||||
7 | stop
statistical study data required by this Section. The | ||||||
8 | Department shall report
its findings
and recommendations to the | ||||||
9 | Governor and the General Assembly by March 1,
2004. | ||||||
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 | (3) "Black or African American" means a person having | ||||||
21 | origins in any of the black racial groups of Africa. Terms | ||||||
22 | such as "Haitian" or "Negro" can be used in addition to | ||||||
23 | "Black or African American". | ||||||
24 | (4) "Hispanic or Latino" means a person of Cuban, | ||||||
25 | Mexican, Puerto Rican, South or Central American, or other | ||||||
26 | Spanish culture or origin, regardless of race. |
| |||||||
| |||||||
1 | (5) "Native Hawaiian or Other Pacific Islander" means a | ||||||
2 | person having origins in any of the original peoples of | ||||||
3 | Hawaii, Guam, Samoa, or other Pacific Islands. | ||||||
4 | (6) "White" means a person having origins in any of the | ||||||
5 | original peoples of Europe, the Middle East, or North | ||||||
6 | Africa. | ||||||
7 | (i) This Section is repealed on July 1, 2015.
| ||||||
8 | (Source: P.A. 96-658, eff. 1-1-10; 97-396, eff. 1-1-12.)
| ||||||
9 | (Text of Section after amendment by P.A. 97-469 )
| ||||||
10 | Sec. 11-212. Traffic stop statistical study.
| ||||||
11 | (a) Whenever a State or local law enforcement officer | ||||||
12 | issues a
uniform traffic citation or warning citation for an | ||||||
13 | alleged
violation of the the Illinois Vehicle Code, he or she | ||||||
14 | shall
record at least the following:
| ||||||
15 | (1) the name, address, gender, and
the officer's | ||||||
16 | subjective determination of the race of
the person
stopped; | ||||||
17 | the person's race shall be selected from the following | ||||||
18 | list:
American Indian or Alaska Native, Asian, Black or | ||||||
19 | African American, Hispanic or Latino, Native Hawaiian or | ||||||
20 | Other Pacific Islander, or White;
| ||||||
21 | (2) the alleged traffic violation that led to the
stop | ||||||
22 | of the motorist;
| ||||||
23 | (3) the make and year of the vehicle
stopped;
| ||||||
24 | (4) the date and time of the stop, beginning when the | ||||||
25 | vehicle was stopped and ending when the driver is free to |
| |||||||
| |||||||
1 | leave or taken into physical custody;
| ||||||
2 | (5) the location of the traffic stop; | ||||||
3 | (5.5) whether or not a consent search contemporaneous | ||||||
4 | to the stop was requested of the vehicle, driver, | ||||||
5 | passenger, or passengers; and, if so, whether consent was | ||||||
6 | given or denied;
| ||||||
7 | (6) whether or not a search contemporaneous to the stop | ||||||
8 | was conducted of
the
vehicle, driver, passenger, or | ||||||
9 | passengers; and, if so, whether it was with
consent or by | ||||||
10 | other means; | ||||||
11 | (6.2) whether or not a police dog performed a sniff of | ||||||
12 | the vehicle; and, if so, whether or not the dog alerted to | ||||||
13 | the presence of contraband; and, if so, whether or not an | ||||||
14 | officer searched the vehicle; and, if so, whether or not | ||||||
15 | contraband was discovered; and, if so, the type and amount | ||||||
16 | of contraband; | ||||||
17 | (6.5) whether or not contraband was found during a | ||||||
18 | search; and, if so, the type and amount of contraband | ||||||
19 | seized; and
| ||||||
20 | (7) the name and badge number of the issuing officer.
| ||||||
21 | (b) Whenever a State or local law enforcement officer stops | ||||||
22 | a
motorist for an alleged violation of the Illinois Vehicle | ||||||
23 | Code
and does not issue a uniform traffic citation or
warning | ||||||
24 | citation for an alleged violation of the Illinois
Vehicle Code, | ||||||
25 | he or she shall complete a uniform stop card, which includes
| ||||||
26 | field
contact cards, or any other existing form currently used |
| |||||||
| |||||||
1 | by law enforcement
containing
information required pursuant to | ||||||
2 | this Act,
that records
at least the following:
| ||||||
3 | (1) the name, address, gender,
and
the officer's | ||||||
4 | subjective determination of the race of the person
stopped; | ||||||
5 | the person's race shall be selected from the following | ||||||
6 | list:
American Indian or Alaska Native, Asian, Black or | ||||||
7 | African American, Hispanic or Latino, Native Hawaiian or | ||||||
8 | Other Pacific Islander, or White;
| ||||||
9 | (2) the reason that led to the stop of the
motorist;
| ||||||
10 | (3) the make and year of the vehicle
stopped;
| ||||||
11 | (4) the date and time of the stop, beginning when the | ||||||
12 | vehicle was stopped and ending when the driver is free to | ||||||
13 | leave or taken into physical custody;
| ||||||
14 | (5) the location of the traffic stop; | ||||||
15 | (5.5) whether or not a consent search contemporaneous | ||||||
16 | to the stop was requested of the vehicle, driver, | ||||||
17 | passenger, or passengers; and, if so, whether consent was | ||||||
18 | given or denied;
| ||||||
19 | (6) whether or not a search contemporaneous to the stop | ||||||
20 | was conducted of
the
vehicle, driver, passenger, or | ||||||
21 | passengers; and, if so, whether it was with
consent or by | ||||||
22 | other means; | ||||||
23 | (6.2) whether or not a police dog performed a sniff of | ||||||
24 | the vehicle; and, if so, whether or not the dog alerted to | ||||||
25 | the presence of contraband; and, if so, whether or not an | ||||||
26 | officer searched the vehicle; and, if so, whether or not |
| |||||||
| |||||||
1 | contraband was discovered; and, if so, the type and amount | ||||||
2 | of contraband; | ||||||
3 | (6.5) whether or not contraband was found during a | ||||||
4 | search; and, if so, the type and amount of contraband | ||||||
5 | seized; and
| ||||||
6 | (7) the name and badge number of the issuing
officer.
| ||||||
7 | (c) The Illinois Department of Transportation shall | ||||||
8 | provide a
standardized law
enforcement data compilation form on | ||||||
9 | its website.
| ||||||
10 | (d) Every law enforcement agency shall, by March 1 with | ||||||
11 | regard to data collected during July through December of the | ||||||
12 | previous calendar year and by August 1 with regard to data | ||||||
13 | collected during January through June of the current calendar | ||||||
14 | year, compile the data described in subsections (a) and (b) on
| ||||||
15 | the
standardized law enforcement data compilation form | ||||||
16 | provided by the Illinois
Department
of Transportation and | ||||||
17 | transmit the data to the Department.
| ||||||
18 | (e) The Illinois Department of Transportation shall | ||||||
19 | analyze the data
provided
by law
enforcement agencies required | ||||||
20 | by this Section and submit a report of the
previous year's
| ||||||
21 | findings to the
Governor, the General Assembly, the Racial | ||||||
22 | Profiling Prevention and Data Oversight Board, and each law | ||||||
23 | enforcement agency no later than
July 1
of each year. The | ||||||
24 | Illinois Department of
Transportation may contract with
an | ||||||
25 | outside entity for the analysis of the data provided. In | ||||||
26 | analyzing the data
collected
under this Section, the analyzing |
| |||||||
| |||||||
1 | entity shall scrutinize the data for evidence
of statistically
| ||||||
2 | significant aberrations. The following list, which
is | ||||||
3 | illustrative, and not exclusive, contains examples of areas in | ||||||
4 | which
statistically
significant aberrations may be found:
| ||||||
5 | (1) The percentage of minority drivers or passengers | ||||||
6 | being stopped in a
given
area
is substantially higher than | ||||||
7 | the proportion of the overall population in or
traveling
| ||||||
8 | through the area that the minority constitutes.
| ||||||
9 | (2) A substantial number of false stops including stops | ||||||
10 | not resulting in
the
issuance of a traffic ticket or the | ||||||
11 | making of an arrest.
| ||||||
12 | (3) A disparity between the proportion of citations | ||||||
13 | issued to minorities
and
proportion of minorities in the | ||||||
14 | population.
| ||||||
15 | (4) A disparity among the officers of the same law | ||||||
16 | enforcement agency with
regard to the number of minority | ||||||
17 | drivers or passengers being stopped in a given
area.
| ||||||
18 | (5) A disparity between the frequency of searches | ||||||
19 | performed on minority
drivers
and the frequency of searches | ||||||
20 | performed on non-minority drivers.
| ||||||
21 | (f) Any law enforcement officer identification information | ||||||
22 | or driver
identification information
that is
compiled by any | ||||||
23 | law enforcement agency or the Illinois Department of
| ||||||
24 | Transportation
pursuant to this Act for
the purposes of | ||||||
25 | fulfilling the requirements of this Section shall be
| ||||||
26 | confidential and exempt
from
public inspection and copying, as |
| |||||||
| |||||||
1 | provided under Section 7 of the Freedom of
Information
Act,
and | ||||||
2 | the information shall not be transmitted to anyone except as | ||||||
3 | needed to
comply with
this Section. This Section shall not | ||||||
4 | exempt those materials that, prior to the
effective date of | ||||||
5 | this
amendatory Act of the 93rd General Assembly, were | ||||||
6 | available under the Freedom
of
Information Act. This subsection | ||||||
7 | (f) shall not preclude law enforcement agencies from reviewing | ||||||
8 | data to perform internal reviews.
| ||||||
9 | (g) Funding to implement this Section shall come from | ||||||
10 | federal highway
safety
funds available to Illinois, as directed | ||||||
11 | by the Governor.
| ||||||
12 | (h) The Illinois Department of Transportation, in | ||||||
13 | consultation with
law enforcement agencies, officials, and | ||||||
14 | organizations, including Illinois
chiefs of police,
the | ||||||
15 | Department of State Police, the Illinois Sheriffs Association, | ||||||
16 | and the
Chicago Police
Department, and community groups and | ||||||
17 | other experts, shall undertake a study to
determine the best | ||||||
18 | use of technology to collect, compile, and analyze the
traffic | ||||||
19 | stop
statistical study data required by this Section. The | ||||||
20 | Department shall report
its findings
and recommendations to the | ||||||
21 | Governor and the General Assembly by March 1,
2004. | ||||||
22 | (h-5) For purposes of this Section: | ||||||
23 | (1) "American Indian or Alaska Native" means a person | ||||||
24 | having origins in any of the original peoples of North and | ||||||
25 | South America, including Central America, and who | ||||||
26 | maintains tribal affiliation or community attachment. |
| |||||||
| |||||||
1 | (2) "Asian" means a person having origins in any of the | ||||||
2 | original peoples of the Far East, Southeast Asia, or the | ||||||
3 | Indian subcontinent, including, but not limited to, | ||||||
4 | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | ||||||
5 | the Philippine Islands, Thailand, and Vietnam. | ||||||
6 | (3) "Black or African American" means a person having | ||||||
7 | origins in any of the black racial groups of Africa. Terms | ||||||
8 | such as "Haitian" or "Negro" can be used in addition to | ||||||
9 | "Black or African American". | ||||||
10 | (4) "Hispanic or Latino" means a person of Cuban, | ||||||
11 | Mexican, Puerto Rican, South or Central American, or other | ||||||
12 | Spanish culture or origin, regardless of race. | ||||||
13 | (5) "Native Hawaiian or Other Pacific Islander" means a | ||||||
14 | person having origins in any of the original peoples of | ||||||
15 | Hawaii, Guam, Samoa, or other Pacific Islands. | ||||||
16 | (6) "White" means a person having origins in any of the | ||||||
17 | original peoples of Europe, the Middle East, or North | ||||||
18 | Africa. | ||||||
19 | (i) This Section is repealed on July 1, 2015.
| ||||||
20 | (Source: P.A. 96-658, eff. 1-1-10; 97-396, eff. 1-1-12; 97-469, | ||||||
21 | eff. 7-1-12; revised 10-4-11.)
| ||||||
22 | Section 95. No acceleration or delay. Where this Act makes | ||||||
23 | changes in a statute that is represented in this Act by text | ||||||
24 | that is not yet or no longer in effect (for example, a Section | ||||||
25 | represented by multiple versions), the use of that text does |
| |||||||
| |||||||
1 | not accelerate or delay the taking effect of (i) the changes | ||||||
2 | made by this Act or (ii) provisions derived from any other | ||||||
3 | Public Act.
|