100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0229

 

Introduced , by Rep. André Thapedi

 

SYNOPSIS AS INTRODUCED:
 
New Act
5 ILCS 140/7.5

    Creates the Eliminate Racial Profiling Act. Prohibits a State or local law enforcement agent or law enforcement agency from engaging in racial profiling. Allows the State or an individual 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. Contains report and publication requirements, with some limitations to protect personal identifying information. Amends the Freedom of Information Act to exempt disclosure of the name and identifying information of a law enforcement officer, complainant, or other person in any activity for which data is collected and compiled under the Eliminate Racial Profiling Act, except for disclosure of information to that person.


LRB100 04257 SLF 14263 b

 

 

A BILL FOR

 

HB0229LRB100 04257 SLF 14263 b

1    AN ACT concerning racial profiling.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Eliminate Racial Profiling Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Covered program" means any program or activity funded in
8whole or in part with funds made available under:
9        (1) the Edward Byrne Memorial Justice Assistance Grant
10    Program under part E of title I of the federal Omnibus
11    Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750
12    et seq.); and
13        (2) the "Cops on the Beat" program under part Q of
14    title I of the federal Omnibus Crime Control and Safe
15    Streets Act of 1968 (42 U.S.C. 3796dd et seq.), except that
16    no program, project, or other activity specified in Section
17    1701(b)(13) of that part shall be a covered program under
18    this paragraph.
19    "Governmental body" means any department, agency, special
20purpose district, or other instrumentality of State or local
21government.
22    "Hit rate" means the percentage of stops and searches in
23which a law enforcement officer finds drugs, a gun, or other

 

 

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1contraband that leads to an arrest. The hit rate is calculated
2by dividing the total number of searches by the number of
3searches that yield contraband. The hit rate is complementary
4to the rate of false stops.
5    "Law enforcement agency" means any State or local public
6agency engaged in the prevention, detection, or investigation
7of violations of criminal laws.
8    "Law enforcement agent" means any State or local official
9responsible for enforcing criminal laws, including police
10officers and other agents of a law enforcement agency.
11    "Racial profiling" means the practice of a law enforcement
12agent or agency relying, to any degree, on actual or perceived
13race, ethnicity, national origin, religion, gender, gender
14identity, or sexual orientation in selecting which individual
15to subject to routine or spontaneous investigatory activities
16or in deciding upon the scope and substance of law enforcement
17activity following the initial investigatory procedure, except
18when there is trustworthy information, relevant to the locality
19and time frame, that links a person with a particular
20characteristic described in this paragraph to an identified
21criminal incident or scheme.
22    "Routine or spontaneous investigatory activities" means
23the following activities by a law enforcement agent:
24        (1) interviews;
25        (2) traffic stops;
26        (3) pedestrian stops;

 

 

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1        (4) frisks and other types of body searches;
2        (5) consensual or nonconsensual searches of the
3    persons, property, or possessions including vehicles, of
4    individuals using any form of public or private
5    transportation, including motorists and pedestrians;
6        (6) data collection and analysis, assessments, and
7    predicated investigations; or
8        (7) any other types of law enforcement encounters
9    compiled for or by the Department of State Police and the
10    Racial Profiling Prevention and Data Oversight Board under
11    the Racial Profiling Prevention and Data Oversight Act.
12    "Reasonable request" means all requests for information,
13except for those that:
14        (1) are immaterial to the investigation;
15        (2) would result in the unnecessary disclosure of
16    personal information; or
17        (3) would place a severe burden on the resources of the
18    law enforcement agency given its size.
19    "Unit of local government" means:
20        (1) any municipal, county, township, town, village, or
21    other general purpose political subdivision of this State;
22        (2) any law enforcement district or jurisdiction that:
23            (A) is established under applicable State law; and
24            (B) has the authority to, in a manner independent
25        of other State entities, establish a budget and impose
26        taxes.
 

 

 

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1    Section 10. Racial profiling prohibition. No law
2enforcement agent or law enforcement agency shall engage in
3racial profiling.
 
4    Section 15. Enforcement.
5    (a) The State or an individual injured by racial profiling,
6may enforce Section 10 of this Act in a civil action for
7declaratory or injunctive relief, filed in a State court of
8competent jurisdiction.
9    (b) In any action brought under this Act, relief may be
10obtained against:
11        (1) any governmental body that employed any law
12    enforcement agent who engaged in racial profiling;
13        (2) any agent of a governmental body who engaged in
14    racial profiling; and
15        (3) any person with supervisory authority over any law
16    enforcement agent who engaged in racial profiling.
17    (c) Proof that the routine or spontaneous investigatory
18activities of law enforcement agents in a jurisdiction have had
19a disparate impact on individuals with a particular racial
20profiling characteristic shall constitute prima facie evidence
21of a violation of this Act.
22    (d) In any action or proceeding to enforce this Act against
23any governmental body, the court may allow a prevailing
24plaintiff reasonable attorney's fees as part of the costs, and

 

 

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1may include expert fees as part of the attorney's fee.
 
2    Section 20. Policies to eliminate racial profiling.
3    (a) Law enforcement agencies shall:
4        (1) maintain adequate policies and procedures designed
5    to eliminate racial profiling; and
6        (2) cease existing practices that permit racial
7    profiling.
8    (b) The policies and procedures described in paragraph (1)
9of subsection (a) shall include:
10        (1) a prohibition on racial profiling;
11        (2) training on racial profiling issues as part of law
12    enforcement training;
13        (3) the collection of data under rules adopted under
14    Section 45 of this Act;
15        (4) procedures for receiving, investigating, and
16    responding meaningfully to complaints alleging racial
17    profiling by law enforcement agents; and
18        (5) any other policies and procedures the Attorney
19    General determines to be necessary to eliminate racial
20    profiling by law enforcement agencies.
 
21    Section 25. Policies required for grants.
22    (a) An application by a unit of local government or a law
23enforcement agency for funding under a covered program shall
24include a certification that the unit of local government or

 

 

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1law enforcement agency, and any law enforcement agency to which
2it will distribute funds:
3        (1) maintains adequate policies and procedures
4    designed to eliminate racial profiling; and
5        (2) has eliminated any existing practices that permit
6    or encourage racial profiling.
7    (b) The policies and procedures described in paragraph (1)
8of subsection (a) shall include:
9        (1) a prohibition on racial profiling;
10        (2) training on racial profiling issues as part of law
11    enforcement training;
12        (3) the collection of data under the rules adopted by
13    the Attorney General under Section 45 of this Act; and
14        (4) participation in an administrative complaint
15    procedure or independent audit program that meets the
16    requirements of Section 30 of this Act.
 
17    Section 30. Attorney General.
18    (a) Not later than 6 months after the effective date of
19this Act and in consultation with stakeholders, including law
20enforcement agencies and community, professional, research,
21and civil rights organizations, the Attorney General shall
22adopt rules for the operation of administrative complaint
23procedures and independent audit programs to ensure that the
24programs and procedures provide an appropriate response to
25allegations of racial profiling by law enforcement agents or

 

 

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1agencies. The rules shall contain guidelines that ensure the
2fairness, effectiveness, and independence of the
3administrative complaint procedures and independent auditor
4programs.
5    (b) If the Attorney General determines that the recipient
6of a grant from any covered program is not in compliance with
7the requirements of Section 20 of this Act or any rule adopted
8under subsection (a) of this Section, the Attorney General
9shall order the distributing agency to withhold, in whole or in
10part, at the discretion of the Attorney General, funds for one
11or more grants to the recipient under the covered program,
12until the recipient establishes compliance.
13    (c) The Attorney General shall provide notice and an
14opportunity for private parties to present evidence to the
15Attorney General that a recipient of a grant from any covered
16program is not in compliance with the requirements of this Act.
 
17    Section 35. Data collection.
18    (a) The Attorney General may, through competitive grants or
19contracts, carry out a 2-year demonstration project for the
20purpose of developing and implementing data collection
21programs on the hit rates for stops and searches by law
22enforcement agencies. The data collected shall be
23disaggregated by race, ethnicity, national origin, gender, and
24religion.
25        (1) The Attorney General shall provide not more than 10

 

 

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1    grants or contracts under this Section.
2        (2) Grants or contracts under this Section shall be
3    awarded to law enforcement agencies that serve communities
4    in which there is a significant concentration of racial or
5    ethnic minorities and that are not already collecting data
6    voluntarily beyond that which is required under the Traffic
7    Stop Statistical Study Act.
8    (b) Activities carried out with a grant under this Section
9shall include:
10        (1) developing a data collection tool and reporting the
11    compiled data to the Attorney General; and
12        (2) training of law enforcement personnel on data
13    collection, particularly for data collection on hit rates
14    for stops and searches.
15    (c) Not later than 3 years after the effective date of this
16Act, the Attorney General shall enter into a contract with a
17State institution of higher education to analyze the data
18collected by each of the grantees funded under this Section.
 
19    Section 40. Best practices development grants.
20    (a) The Attorney General may make grants to law enforcement
21agencies and units of local government to develop and implement
22best practice devices and systems to eliminate racial
23profiling.
24    (b) The funds provided under subsection (a) of this Section
25shall be used for programs that include the following purposes:

 

 

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1        (1) The development and implementation of training to
2    prevent racial profiling and to encourage more respectful
3    interaction with the public.
4        (2) The acquisition and use of technology to facilitate
5    the accurate collection and analysis of data.
6        (3) The development and acquisition of feedback
7    systems and technologies that identify officers or units of
8    officers engaged in, or at risk of engaging in, racial
9    profiling or other misconduct.
10        (4) The establishment and maintenance of an
11    administrative complaint procedure or independent auditor
12    program.
13    (c) The Attorney General shall ensure that grants under
14this Section are awarded in a manner that reserves an equitable
15share of funding for small and rural law enforcement agencies.
16    (d) Each law enforcement agency or unit of local government
17desiring a grant under this Section shall submit an application
18to the Attorney General at the time, in the manner, and
19accompanied by the information as the Attorney General may
20reasonably require.
 
21    Section 45. Rulemaking.
22    (a) Not later than 6 months after the effective date of
23this Act, the Attorney General, in consultation with
24stakeholders, including State and local law enforcement
25agencies and community, professional, research, and civil

 

 

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1rights organizations, shall adopt rules for the collection and
2compilation of data under Sections 15 and 20 of this Act.
3    (b) The rules adopted under subsection (a) shall:
4        (1) provide for the collection of data on all routine
5    or spontaneous investigatory activities;
6        (2) provide that the data collected shall:
7            (A) be collected by race, ethnicity, national
8        origin, gender, and religion, as perceived by the law
9        enforcement officer;
10            (B) include the date, time, and location of the
11        investigatory activities;
12            (C) include detail sufficient to permit an
13        analysis of whether a law enforcement agency is
14        engaging in racial profiling; and
15            (D) not include personally identifiable
16        information
17        (3) provide that a standardized form shall be made
18    available to law enforcement agencies for the submission of
19    collected data to the Attorney General;
20        (4) provide that law enforcement agencies shall
21    compile data on the standardized form made available under
22    paragraph (3) of this subsection (b), and submit the form
23    to the Attorney General;
24        (5) provide that law enforcement agencies shall
25    maintain all data collected under this Act for not less
26    than 4 years;

 

 

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1        (6) include guidelines for setting comparative
2    benchmarks, consistent with best practices, against which
3    collected data shall be measured;
4        (7) provide that the Attorney General shall:
5            (A) analyze the data for any statistically
6        significant disparities, including:
7                (i) disparities in the percentage of drivers
8            or pedestrians stopped relative to the proportion
9            of the population passing through the
10            neighborhood;
11                (ii) disparities in the hit rate; and
12                (iii) disparities in the frequency of searches
13            performed on racial or ethnic minority drivers and
14            the frequency of searches performed on
15            non-minority drivers; and
16            (B) not later than 3 years after the effective date
17        of this Act, and annually thereafter:
18                (i) prepare a report regarding the findings of
19            the analysis conducted under subparagraph (A) of
20            this paragraph (7);
21                (ii) provide the report to the General
22            Assembly; and
23                (iii) make the report available to the public,
24            including on the Attorney General's website; and
25        (8) protect the privacy of individuals whose data is
26    collected by:

 

 

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1            (A) limiting the use of the data collected under
2        this Act to the purposes under this Act;
3            (B) except as otherwise provided in this Act,
4        limiting access to the data collected under this Act to
5        those State or local employees or agents who require
6        this access in order to fulfill the purposes for the
7        data under this Act;
8            (C) requiring contractors or other
9        non-governmental agents who are permitted access to
10        the data collected under this Act to sign use
11        agreements incorporating the use and disclosure
12        restrictions set forth in subparagraph (A) of this
13        paragraph (8); and
14            (D) requiring the maintenance of adequate security
15        measures to prevent unauthorized access to the data
16        collected under this Act.
17    (c) In addition to the rules under subsections (a) and (b)
18of this Section, the Attorney General may adopt any other rules
19he or she determines are necessary to implement this Act.
 
20    Section 50. Publication of data. The Attorney General shall
21provide to the General Assembly and make available to the
22public, together with each annual report described in Section
2325, the data collected under this Act, excluding any personally
24identifiable information described in Section 55.
 

 

 

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1    Section 55. Limitations on publication of data. The name or
2identifying information of a law enforcement officer,
3complainant, or any other individual involved in any activity
4for which data is collected and compiled under this Act shall
5not be:
6    (1) released to the public;
7    (2) disclosed to any person, except for:
8        (A) the disclosures as are necessary to comply with
9    this Act;
10        (B) disclosures of information regarding a particular
11    person to that person; or
12        (C) disclosures pursuant to litigation; or
13    (3) subject to disclosure under the Freedom of Information
14Act, except for disclosures of information regarding a
15particular person to that person.
 
16    Section 60. Reports. Not later than 2 years after the
17effective date of this Act, and annually thereafter, the
18Attorney General shall submit to the General Assembly a report
19on racial profiling by law enforcement agencies. Each report
20submitted shall include:
21    (1) a summary of data collected under paragraph (3) of
22subsection (b) of Section 15 and paragraph (3) of subsection
23(b) of Section 20 of this Act and from any other reliable
24source of information regarding racial profiling in the State;
25    (2) a discussion of the findings in the most recent report

 

 

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1prepared by the Attorney General under paragraph (7) of
2subsection (b) of Section 45 of this Act;
3    (3) the status of the adoption and implementation of
4policies and procedures by law enforcement agencies under this
5Act; and
6    (4) a description of any other policies and procedures that
7the Attorney General believes would facilitate the elimination
8of racial profiling.
 
9    Section 105. The Freedom of Information Act is amended by
10changing Section 7.5 as follows:
 
11    (5 ILCS 140/7.5)
12    Sec. 7.5. Statutory exemptions. To the extent provided for
13by the statutes referenced below, the following shall be exempt
14from inspection and copying:
15        (a) All information determined to be confidential
16    under Section 4002 of the Technology Advancement and
17    Development Act.
18        (b) Library circulation and order records identifying
19    library users with specific materials under the Library
20    Records Confidentiality Act.
21        (c) Applications, related documents, and medical
22    records received by the Experimental Organ Transplantation
23    Procedures Board and any and all documents or other records
24    prepared by the Experimental Organ Transplantation

 

 

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1    Procedures Board or its staff relating to applications it
2    has received.
3        (d) Information and records held by the Department of
4    Public Health and its authorized representatives relating
5    to known or suspected cases of sexually transmissible
6    disease or any information the disclosure of which is
7    restricted under the Illinois Sexually Transmissible
8    Disease Control Act.
9        (e) Information the disclosure of which is exempted
10    under Section 30 of the Radon Industry Licensing Act.
11        (f) Firm performance evaluations under Section 55 of
12    the Architectural, Engineering, and Land Surveying
13    Qualifications Based Selection Act.
14        (g) Information the disclosure of which is restricted
15    and exempted under Section 50 of the Illinois Prepaid
16    Tuition Act.
17        (h) Information the disclosure of which is exempted
18    under the State Officials and Employees Ethics Act, and
19    records of any lawfully created State or local inspector
20    general's office that would be exempt if created or
21    obtained by an Executive Inspector General's office under
22    that Act.
23        (i) Information contained in a local emergency energy
24    plan submitted to a municipality in accordance with a local
25    emergency energy plan ordinance that is adopted under
26    Section 11-21.5-5 of the Illinois Municipal Code.

 

 

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1        (j) Information and data concerning the distribution
2    of surcharge moneys collected and remitted by wireless
3    carriers under the Wireless Emergency Telephone Safety
4    Act.
5        (k) Law enforcement officer identification information
6    or driver identification information compiled by a law
7    enforcement agency or the Department of Transportation
8    under Section 11-212 of the Illinois Vehicle Code.
9        (l) Records and information provided to a residential
10    health care facility resident sexual assault and death
11    review team or the Executive Council under the Abuse
12    Prevention Review Team Act.
13        (m) Information provided to the predatory lending
14    database created pursuant to Article 3 of the Residential
15    Real Property Disclosure Act, except to the extent
16    authorized under that Article.
17        (n) Defense budgets and petitions for certification of
18    compensation and expenses for court appointed trial
19    counsel as provided under Sections 10 and 15 of the Capital
20    Crimes Litigation Act. This subsection (n) shall apply
21    until the conclusion of the trial of the case, even if the
22    prosecution chooses not to pursue the death penalty prior
23    to trial or sentencing.
24        (o) Information that is prohibited from being
25    disclosed under Section 4 of the Illinois Health and
26    Hazardous Substances Registry Act.

 

 

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1        (p) Security portions of system safety program plans,
2    investigation reports, surveys, schedules, lists, data, or
3    information compiled, collected, or prepared by or for the
4    Regional Transportation Authority under Section 2.11 of
5    the Regional Transportation Authority Act or the St. Clair
6    County Transit District under the Bi-State Transit Safety
7    Act.
8        (q) Information prohibited from being disclosed by the
9    Personnel Records Review Act.
10        (r) Information prohibited from being disclosed by the
11    Illinois School Student Records Act.
12        (s) Information the disclosure of which is restricted
13    under Section 5-108 of the Public Utilities Act.
14        (t) All identified or deidentified health information
15    in the form of health data or medical records contained in,
16    stored in, submitted to, transferred by, or released from
17    the Illinois Health Information Exchange, and identified
18    or deidentified health information in the form of health
19    data and medical records of the Illinois Health Information
20    Exchange in the possession of the Illinois Health
21    Information Exchange Authority due to its administration
22    of the Illinois Health Information Exchange. The terms
23    "identified" and "deidentified" shall be given the same
24    meaning as in the Health Insurance Portability and
25    Accountability Act of 1996, Public Law 104-191, or any
26    subsequent amendments thereto, and any regulations

 

 

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1    promulgated thereunder.
2        (u) Records and information provided to an independent
3    team of experts under Brian's Law.
4        (v) Names and information of people who have applied
5    for or received Firearm Owner's Identification Cards under
6    the Firearm Owners Identification Card Act or applied for
7    or received a concealed carry license under the Firearm
8    Concealed Carry Act, unless otherwise authorized by the
9    Firearm Concealed Carry Act; and databases under the
10    Firearm Concealed Carry Act, records of the Concealed Carry
11    Licensing Review Board under the Firearm Concealed Carry
12    Act, and law enforcement agency objections under the
13    Firearm Concealed Carry Act.
14        (w) Personally identifiable information which is
15    exempted from disclosure under subsection (g) of Section
16    19.1 of the Toll Highway Act.
17        (x) Information which is exempted from disclosure
18    under Section 5-1014.3 of the Counties Code or Section
19    8-11-21 of the Illinois Municipal Code.
20        (y) Confidential information under the Adult
21    Protective Services Act and its predecessor enabling
22    statute, the Elder Abuse and Neglect Act, including
23    information about the identity and administrative finding
24    against any caregiver of a verified and substantiated
25    decision of abuse, neglect, or financial exploitation of an
26    eligible adult maintained in the Registry established

 

 

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1    under Section 7.5 of the Adult Protective Services Act.
2        (z) Records and information provided to a fatality
3    review team or the Illinois Fatality Review Team Advisory
4    Council under Section 15 of the Adult Protective Services
5    Act.
6        (aa) Information which is exempted from disclosure
7    under Section 2.37 of the Wildlife Code.
8        (bb) Information which is or was prohibited from
9    disclosure by the Juvenile Court Act of 1987.
10        (cc) Recordings made under the Law Enforcement
11    Officer-Worn Body Camera Act, except to the extent
12    authorized under that Act.
13        (dd) Information that is prohibited from being
14    disclosed under Section 45 of the Condominium and Common
15    Interest Community Ombudsperson Act.
16        (ee) (dd) Information that is exempted from disclosure
17    under Section 30.1 of the Pharmacy Practice Act.
18        (ff) The name and identifying information of a law
19    enforcement officer, complainant, or other person involved
20    in any activity for which data is collected and compiled
21    under the Eliminate Racial Profiling Act, except for
22    information regarding a particular person to that person.
23(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
24eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
2599-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;
2699-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff.

 

 

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18-19-16; revised 9-1-16.)