Full Text of SB2368 94th General Assembly
SB2368 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2368
Introduced 1/18/2006, by Sen. Kwame Raoul SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Vehicle Code. Provides that the ongoing traffic stop statistical study shall continue without an ending date (rather than terminating on December 31, 2007).
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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SB2368 |
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LRB094 17976 DRH 53279 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Section 11-212 as follows:
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| (625 ILCS 5/11-212)
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| Sec. 11-212. Traffic stop statistical study.
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| (a) Whenever
From January 1, 2004 until December 31, 2007,
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| whenever a State or local law enforcement officer issues a
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| uniform traffic citation or warning citation for an alleged
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| violation of the Illinois Vehicle Code, he or she shall
record | 12 |
| at least the following:
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| (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:
Caucasian, African-American, Hispanic, Native
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| American/Alaska Native,
or Asian/Pacific Islander;
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| (2) the alleged traffic violation that led to the
stop | 19 |
| of the motorist;
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| (3) the make and year of the vehicle
stopped;
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| (4) the date and time of the stop;
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| (5) the location of the traffic stop;
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| (6) whether or not a search contemporaneous to the stop | 24 |
| was conducted of
the
vehicle, driver, passenger, or | 25 |
| passengers; and, if so, whether it was with
consent or by | 26 |
| other means; and
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| (7) the name and badge number of the issuing officer.
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| (b) Whenever
From January 1, 2004 until December 31, 2007,
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| whenever a State or local law enforcement officer stops a
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| motorist for an alleged violation of the Illinois Vehicle Code
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| and does not issue a uniform traffic citation or
warning | 32 |
| citation for an alleged violation of the Illinois
Vehicle Code, |
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SB2368 |
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LRB094 17976 DRH 53279 b |
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| he or she shall complete a uniform stop card, which includes
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| field
contact cards, or any other existing form currently used | 3 |
| by law enforcement
containing
information required pursuant to | 4 |
| this Act,
that records
at least the following:
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| (1) the name, address, gender,
and
the officer's | 6 |
| subjective determination of the race of the person
stopped; | 7 |
| the person's race shall be selected from the following | 8 |
| list:
Caucasian, African-American, Hispanic, Native
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| American/Alaska
Native, or Asian/Pacific Islander;
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| (2) the reason that led to the stop of the
motorist;
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| (3) the make and year of the vehicle
stopped;
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| (4) the date and time of the stop;
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| (5) the location of the traffic stop;
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| (6) whether or not a search contemporaneous to the stop | 15 |
| was conducted of
the
vehicle, driver, passenger, or | 16 |
| passengers; and, if so, whether it was with
consent or by | 17 |
| other means; and
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| (7) the name and badge number of the issuing
officer.
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| (c) The Illinois Department of Transportation shall | 20 |
| provide a
standardized law
enforcement data compilation form on | 21 |
| its website.
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| (d) Every law enforcement agency shall, by March 1 of
in
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| each year
of the years
2004,
2005, 2006, and 2007 , compile the | 24 |
| data described in subsections (a) and (b) on
the
standardized | 25 |
| law enforcement data compilation form provided by the Illinois
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| Department
of Transportation and transmit the data to the | 27 |
| Department.
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| (e) The Illinois Department of Transportation shall | 29 |
| analyze the data
provided
by law
enforcement agencies required | 30 |
| by this Section and submit a report of the
findings to the
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| Governor, the General Assembly, and each law enforcement agency | 32 |
| no later than
July 1
of
in each year
of the years 2005, 2006, | 33 |
| 2007, and 2008 . The Illinois Department of
Transportation may | 34 |
| contract with
an outside entity for the analysis of the data | 35 |
| provided. In analyzing the data
collected
under this Section, | 36 |
| the analyzing entity shall scrutinize the data for evidence
of |
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| statistically
significant aberrations. The following list, | 2 |
| which
is illustrative, and not exclusive, contains examples of | 3 |
| areas in which
statistically
significant aberrations may be | 4 |
| found:
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| (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
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| through the area that the minority constitutes.
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| (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.
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| (3) A disparity between the proportion of citations | 13 |
| issued to minorities
and
proportion of minorities in the | 14 |
| population.
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| (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.
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| (5) A disparity between the frequency of searches | 19 |
| performed on minority
drivers
and the frequency of searches | 20 |
| performed on non-minority drivers.
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| (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
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| Transportation
pursuant to this Act for
the purposes of | 25 |
| fulfilling the requirements of this Section shall be
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| confidential and exempt
from
public inspection and copying, as | 27 |
| provided under Section 7 of the Freedom of
Information
Act,
and | 28 |
| the information shall not be transmitted to anyone except as | 29 |
| needed to
comply with
this Section. This Section shall not | 30 |
| exempt those materials that, prior to the
effective date of | 31 |
| this
amendatory Act of the 93rd General Assembly, were | 32 |
| available under the Freedom
of
Information Act.
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| (g) Funding to implement this Section shall come from | 34 |
| federal highway
safety
funds available to Illinois, as directed | 35 |
| by the Governor.
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| (h) The Illinois Department of Transportation, in |
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| 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.
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| (Source: P.A. 93-209, eff. 7-18-03.)
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