Full Text of HB2938 99th General Assembly
HB2938ham001 99TH GENERAL ASSEMBLY | Rep. Monique D. Davis Filed: 3/20/2015
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| 1 | | AMENDMENT TO HOUSE BILL 2938
| 2 | | AMENDMENT NO. ______. Amend House Bill 2938 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Racial Profiling Prevention and Data | 5 | | Oversight Act is amended by changing Sections 10 and 40 as | 6 | | follows: | 7 | | (20 ILCS 2715/10)
| 8 | | Sec. 10. Definitions. As used in this Act: | 9 | | (a) "Oversight Board" means the Racial Profiling | 10 | | Prevention and Data Oversight Board established under this Act. | 11 | | (b) "Department" means the Illinois Department of | 12 | | Transportation. | 13 | | (c) "Traffic and Pedestrian Stop Statistical Study Act" | 14 | | means Section 11-212 of the Illinois Vehicle Code.
| 15 | | (Source: P.A. 94-997, eff. 1-1-08 .) |
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| 1 | | (20 ILCS 2715/40)
| 2 | | Sec. 40. Powers and Duties of the Oversight Board. The | 3 | | Oversight Board shall have the following powers, duties, and | 4 | | responsibilities: | 5 | | (a) To operate purely as an advisory body. Any changes to | 6 | | rules and policy promoted by the Oversight Board are only | 7 | | recommendations, which may be reported to the Governor, the | 8 | | Secretary of State, and the General Assembly or to appropriate | 9 | | law enforcement agencies. | 10 | | (b) To coordinate the development, adoption, and | 11 | | implementation of plans and strategies to eliminate racial | 12 | | profiling in Illinois and to coordinate the development, | 13 | | adoption, and implementation of plans and strategies to create | 14 | | public awareness programs in minority communities, designed to | 15 | | educate individuals regarding racial profiling and their civil | 16 | | rights. | 17 | | (c) To promulgate model policies for police agencies that | 18 | | are designed to protect individuals' civil rights related to | 19 | | police traffic enforcement and to recommend to law enforcement | 20 | | agencies model rules as may be necessary to effectuate training | 21 | | regarding data collection and mechanisms to engage those | 22 | | agencies who willfully fail to comply with the requirements of | 23 | | the Traffic and Pedestrian Stop Statistical Study Act.
| 24 | | (d) To study and to issue reports and recommendations to | 25 | | the Governor, the Secretary of State, and the General Assembly | 26 | | regarding the following subjects by the following dates: |
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| 1 | | (1) no later than July 1, 2008, regarding strategies to | 2 | | improve the benchmark data available to identify the race, | 3 | | ethnicity, and geographical residence of the Illinois | 4 | | driving population, beginning on August 1, 2008, with the | 5 | | collection of race and ethnicity data on new and renewal | 6 | | applicants for driver's licenses. This data shall be | 7 | | available for statistical benchmark comparison purposes | 8 | | only; | 9 | | (2) no later than January 1, 2009, regarding data | 10 | | collection requirements with respect to additional race | 11 | | and ethnicity categories to be added to the traffic stop | 12 | | statistical study in order to improve data collection among | 13 | | unreported and under-reported minority populations. The | 14 | | Board shall study, and recommend if required, at a minimum, | 15 | | data collection strategies, categories, and benchmarks for | 16 | | persons of Middle-Eastern origin. The Board shall also | 17 | | study stops lasting over 30 minutes and define categorical | 18 | | reasons for the extended stops; | 19 | | (3) no later than July 1, 2009, regarding technological | 20 | | solutions to aid in the identification, elimination, and | 21 | | prevention of racial profiling and to recommend funding | 22 | | sources for statewide implementation of the technological | 23 | | solutions; | 24 | | (4) no later than January 1, 2010, regarding whether | 25 | | Illinois should continue the mandatory data collection | 26 | | required under this Act, as well as the best practices of |
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| 1 | | data collection as related to the identification, | 2 | | elimination, and prevention of bias-based policing; and | 3 | | (5) on or before April 1 of each year, regarding the | 4 | | Oversight Board's activities during the previous fiscal | 5 | | year.
| 6 | | (Source: P.A. 94-997, eff. 1-1-08 .) | 7 | | Section 10. The Illinois Vehicle Code is amended by | 8 | | changing Section 11-212 as follows:
| 9 | | (625 ILCS 5/11-212)
| 10 | | (Section scheduled to be repealed on July 1, 2019)
| 11 | | Sec. 11-212. Traffic and pedestrian stop statistical | 12 | | study.
| 13 | | (a) Whenever a State or local law enforcement officer | 14 | | issues a
uniform traffic citation or warning citation for an | 15 | | alleged
violation of the Illinois Vehicle Code, he or she shall
| 16 | | record at least the following:
| 17 | | (1) the name, address, gender, and
the officer's | 18 | | subjective determination of the race of
the person
stopped; | 19 | | the person's race shall be selected from the following | 20 | | list:
American Indian or Alaska Native, Asian, Black or | 21 | | African American, Hispanic or Latino, Native Hawaiian or | 22 | | Other Pacific Islander, or White;
| 23 | | (2) the alleged traffic violation that led to the
stop | 24 | | of the motorist;
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| 1 | | (3) the make and year of the vehicle
stopped;
| 2 | | (4) the date and time of the stop, beginning when the | 3 | | vehicle was stopped and ending when the driver is free to | 4 | | leave or taken into physical custody;
| 5 | | (5) the location of the traffic stop; | 6 | | (5.5) whether or not a consent search contemporaneous | 7 | | to the stop was requested of the vehicle, driver, | 8 | | passenger, or passengers; and, if so, whether consent was | 9 | | given or denied;
| 10 | | (6) whether or not a search contemporaneous to the stop | 11 | | was conducted of
the
vehicle, driver, passenger, or | 12 | | passengers; and, if so, whether it was with
consent or by | 13 | | other means; | 14 | | (6.2) whether or not a police dog performed a sniff of | 15 | | the vehicle; and, if so, whether or not the dog alerted to | 16 | | the presence of contraband; and, if so, whether or not an | 17 | | officer searched the vehicle; and, if so, whether or not | 18 | | contraband was discovered; and, if so, the type and amount | 19 | | of contraband; | 20 | | (6.5) whether or not contraband was found during a | 21 | | search; and, if so, the type and amount of contraband | 22 | | seized; and
| 23 | | (7) the name and badge number of the issuing officer.
| 24 | | (b) Whenever a State or local law enforcement officer stops | 25 | | a
motorist for an alleged violation of the Illinois Vehicle | 26 | | Code
and does not issue a uniform traffic citation or
warning |
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| 1 | | citation for an alleged violation of the Illinois
Vehicle Code, | 2 | | he or she shall complete a uniform stop card, which includes
| 3 | | field
contact cards, or any other existing form currently used | 4 | | by law enforcement
containing
information required pursuant to | 5 | | this Act,
that records
at least the following:
| 6 | | (1) the name, address, gender,
and
the officer's | 7 | | subjective determination of the race of the person
stopped; | 8 | | the person's race shall be selected from the following | 9 | | list:
American Indian or Alaska Native, Asian, Black or | 10 | | African American, Hispanic or Latino, Native Hawaiian or | 11 | | Other Pacific Islander, or White;
| 12 | | (2) the reason that led to the stop of the
motorist;
| 13 | | (3) the make and year of the vehicle
stopped;
| 14 | | (4) the date and time of the stop, beginning when the | 15 | | vehicle was stopped and ending when the driver is free to | 16 | | leave or taken into physical custody;
| 17 | | (5) the location of the traffic stop; | 18 | | (5.5) whether or not a consent search contemporaneous | 19 | | to the stop was requested of the vehicle, driver, | 20 | | passenger, or passengers; and, if so, whether consent was | 21 | | given or denied;
| 22 | | (6) whether or not a search contemporaneous to the stop | 23 | | was conducted of
the
vehicle, driver, passenger, or | 24 | | passengers; and, if so, whether it was with
consent or by | 25 | | other means; | 26 | | (6.2) whether or not a police dog performed a sniff of |
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| 1 | | the vehicle; and, if so, whether or not the dog alerted to | 2 | | the presence of contraband; and, if so, whether or not an | 3 | | officer searched the vehicle; and, if so, whether or not | 4 | | contraband was discovered; and, if so, the type and amount | 5 | | of contraband; | 6 | | (6.5) whether or not contraband was found during a | 7 | | search; and, if so, the type and amount of contraband | 8 | | seized; and
| 9 | | (7) the name and badge number of the issuing
officer.
| 10 | | (b-5) Whenever a law enforcement officer stops a pedestrian | 11 | | for temporary questioning, other than for an alleged violation | 12 | | of the Illinois Vehicle Code, he or she shall complete a | 13 | | uniform pedestrian stop card, which includes any existing form | 14 | | currently used by law enforcement containing all the | 15 | | information required under this Act, that records at least the | 16 | | following: | 17 | | (1) the gender, and the officer's subjective | 18 | | determination of the race of the person stopped; the | 19 | | person's race shall be selected from the following list: | 20 | | American Indian or Alaska Native, Asian, Black or African | 21 | | American, Hispanic or Latino, Native Hawaiian or Other | 22 | | Pacific Islander, or White; | 23 | | (2) all the alleged reasons that led to the stop of the | 24 | | person; | 25 | | (3) the date and time of the stop, beginning when the | 26 | | person was stopped and ending when the person was free to |
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| 1 | | leave or taken into physical custody; | 2 | | (4) the location of the stop; | 3 | | (5) whether or not a protective pat down or frisk was | 4 | | conducted of the person; and, if so, all the alleged | 5 | | reasons that led to the protective pat down or frisk, and | 6 | | whether it was with consent or by other means; | 7 | | (6) whether or not contraband was found during the | 8 | | protective pat down or frisk; and, if so, the type and | 9 | | amount of contraband seized; | 10 | | (7) whether or not a search beyond a protective pat | 11 | | down or frisk was conducted of the person or his or her | 12 | | effects; and, if so, all the alleged reasons that led to | 13 | | the search, and whether it was with consent or by other | 14 | | means; | 15 | | (8) whether or not contraband was found during the | 16 | | search beyond a protective pat down or frisk; and, if so, | 17 | | the type and amount of contraband seized; | 18 | | (9) the disposition of the stop, such as a warning, a | 19 | | ticket, a summons, or an arrest; | 20 | | (10) if a summons or ticket was issued, or an arrest | 21 | | made, a record of the violations, offenses, or crimes | 22 | | alleged or charged; and | 23 | | (11) the name and badge number of the issuing officer. | 24 | | (c) The Illinois Department of Transportation shall | 25 | | provide a
standardized law
enforcement data compilation form on | 26 | | its website.
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| 1 | | (d) Every law enforcement agency shall, by March 1 with | 2 | | regard to data collected during July through December of the | 3 | | previous calendar year and by August 1 with regard to data | 4 | | collected during January through June of the current calendar | 5 | | year, compile the data described in subsections (a) , and (b) , | 6 | | and (b-5) on
the
standardized law enforcement data compilation | 7 | | form provided by the Illinois
Department
of Transportation and | 8 | | transmit the data to the Department.
| 9 | | (e) The Illinois Department of Transportation shall | 10 | | analyze the data
provided
by law
enforcement agencies required | 11 | | by this Section and submit a report of the
previous year's
| 12 | | findings to the
Governor, the General Assembly, the Racial | 13 | | Profiling Prevention and Data Oversight Board, and each law | 14 | | enforcement agency no later than
July 1
of each year. The | 15 | | Illinois Department of
Transportation may contract with
an | 16 | | outside entity for the analysis of the data provided. In | 17 | | analyzing the data
collected
under this Section, the analyzing | 18 | | entity shall scrutinize the data for evidence
of statistically
| 19 | | significant aberrations. The following list, which
is | 20 | | illustrative, and not exclusive, contains examples of areas in | 21 | | which
statistically
significant aberrations may be found:
| 22 | | (1) The percentage of minority drivers , or passengers , | 23 | | or pedestrians being stopped in a
given
area
is | 24 | | substantially higher than the proportion of the overall | 25 | | population in or
traveling
through the area that the | 26 | | minority constitutes.
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| 1 | | (2) A substantial number of false stops including stops | 2 | | not resulting in
the
issuance of a traffic ticket or the | 3 | | making of an arrest.
| 4 | | (3) A disparity between the proportion of citations | 5 | | issued to minorities
and
proportion of minorities in the | 6 | | population.
| 7 | | (4) A disparity among the officers of the same law | 8 | | enforcement agency with
regard to the number of minority | 9 | | drivers , or passengers , or pedestrians being stopped in a | 10 | | given
area.
| 11 | | (5) A disparity between the frequency of searches | 12 | | performed on minority
drivers or pedestrians
and the | 13 | | frequency of searches performed on non-minority drivers or | 14 | | pedestrians .
| 15 | | (f) Any law enforcement officer identification information | 16 | | and or driver or pedestrian
identification information
that is
| 17 | | compiled by any law enforcement agency or the Illinois | 18 | | Department of
Transportation
pursuant to this Act for
the | 19 | | purposes of fulfilling the requirements of this Section shall | 20 | | be
confidential and exempt
from
public inspection and copying, | 21 | | as provided under Section 7 of the Freedom of
Information
Act,
| 22 | | and the information shall not be transmitted to anyone except | 23 | | as needed to
comply with
this Section. This Section shall not | 24 | | exempt those materials that, prior to the
effective date of | 25 | | this
amendatory Act of the 93rd General Assembly, were | 26 | | available under the Freedom
of
Information Act. This subsection |
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| 1 | | (f) shall not preclude law enforcement agencies from reviewing | 2 | | data to perform internal reviews.
| 3 | | (g) Funding to implement this Section shall come from | 4 | | federal highway
safety
funds available to Illinois, as directed | 5 | | by the Governor.
| 6 | | (h) The Illinois Department of Transportation, in | 7 | | consultation with
law enforcement agencies, officials, and | 8 | | organizations, including Illinois
chiefs of police,
the | 9 | | Department of State Police, the Illinois Sheriffs Association, | 10 | | and the
Chicago Police
Department, and community groups and | 11 | | other experts, shall undertake a study to
determine the best | 12 | | use of technology to collect, compile, and analyze the
traffic | 13 | | stop
statistical study data required by this Section. The | 14 | | Department shall report
its findings
and recommendations to the | 15 | | Governor and the General Assembly by March 1,
2004. | 16 | | (h-5) For purposes of this Section: | 17 | | (1) "American Indian or Alaska Native" means a person | 18 | | having origins in any of the original peoples of North and | 19 | | South America, including Central America, and who | 20 | | maintains tribal affiliation or community attachment. | 21 | | (2) "Asian" means a person having origins in any of the | 22 | | original peoples of the Far East, Southeast Asia, or the | 23 | | Indian subcontinent, including, but not limited to, | 24 | | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | 25 | | the Philippine Islands, Thailand, and Vietnam. | 26 | | (3) "Black or African American" means a person having |
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| 1 | | origins in any of the black racial groups of Africa. Terms | 2 | | such as "Haitian" or "Negro" can be used in addition to | 3 | | "Black or African American". | 4 | | (4) "Hispanic or Latino" means a person of Cuban, | 5 | | Mexican, Puerto Rican, South or Central American, or other | 6 | | Spanish culture or origin, regardless of race. | 7 | | (5) "Native Hawaiian or Other Pacific Islander" means a | 8 | | person having origins in any of the original peoples of | 9 | | Hawaii, Guam, Samoa, or other Pacific Islands. | 10 | | (6) "White" means a person having origins in any of the | 11 | | original peoples of Europe, the Middle East, or North | 12 | | Africa. | 13 | | (i) This Section is repealed on July 1, 2019.
| 14 | | (Source: P.A. 97-396, eff. 1-1-12; 97-469, eff. 7-1-12; 97-813, | 15 | | eff. 7-13-12; 98-686, eff. 6-30-14.)".
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