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Full Text of HB0930  97th General Assembly

HB0930ham001 97TH GENERAL ASSEMBLY

Rep. Daniel V. Beiser

Filed: 4/13/2011

 

 


 

 


 
09700HB0930ham001LRB097 03750 RLC 54452 a

1
AMENDMENT TO HOUSE BILL 930

2    AMENDMENT NO. ______. Amend House Bill 930 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Code of Criminal Procedure of 1963 is
5amended by adding Section 107-17 as follows:
 
6    (725 ILCS 5/107-17 new)
7    Sec. 107-17. Profiling prohibited.
8    (a) Definition. For the purposes of this Section,
9"commercial motor vehicle" means any commercial motor vehicle
10as defined in the Illinois Vehicle Code.
11    (b) Offense. No vehicle may be stopped, delayed, or
12detained based on the race, ethnicity, or sex of the operator
13or occupants; nor shall any vehicle be stopped, delayed, or
14detained by virtue of the type or style of the vehicle. A peace
15officer may not stop, delay, or detain a vehicle unless the
16stop, delay, or detention of the vehicle is predicated upon

 

 

09700HB0930ham001- 2 -LRB097 03750 RLC 54452 a

1reasonable suspicion, probable cause, or any other articulable
2circumstances that indicate a violation of the law has been or
3is being committed.
4    (c) Exceptions. Nothing in this Section shall prohibit the
5enforcement of State or federal commercial vehicle provisions
6by virtue of static or portable scales; nor shall this Section
7prohibit any other process or enforcement detail designed to
8inspect commercial motor vehicles or the qualifications and
9eligibility of any commercial motor vehicle operator for the
10purpose of ensuring compliance with Federal Motor Carrier
11Safety Regulations; ensuring compliance with any State law
12governing the operation of a commercial motor vehicle; or
13ensuring compliance with any State or federal regulation
14pertaining to the transportation of hazardous materials.
15    (d) Permitted stops. Nothing in this Section shall prohibit
16a peace officer from stopping a vehicle for the purpose of:
17        (1) conducting an investigation;
18        (2) in response to a call or a dispatch indicating that
19    a vehicle or its occupants have or may be involved in
20    committing or attempting to commit an offense; or
21        (3) in circumstances where police have been requested
22    to deliver an emergency notification to a party traveling
23    on the highways of this State.
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.".