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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
VEHICLES (625 ILCS 5/) Illinois Vehicle Code. 625 ILCS 5/11-209.1
(625 ILCS 5/11-209.1) (from Ch. 95 1/2, par. 11-209.1)
Sec. 11-209.1.
Powers of local authorities - enforcing the provisions
of this Code on private streets and roads. (a) Any person or board of
directors owning, operating or representing a residential subdivision,
development, apartment house or apartment project; containing a minimum of
10 apartments or single family residences may file a written request, with
the appropriate local authority wherein such property is situated,
requesting their law enforcement agency enforce the provisions of this Code
on all private streets or roads open to or used by the tenants, owners,
employees or the public for the purposes of vehicular traffic by permission
of such person or board of directors and not as a matter of public right.
Notwithstanding Section 1-126 and Section 1-201 of this Code, if the local
authority grants such request by the adoption of an enabling ordinance then
all such private streets or roads shall be considered "highways" only for
the enforcement purposes of this Code.
(b) All regulations adopted and traffic control devices employed by a
local authority in the enforcement of this Code on such streets or roads
within any private area, pursuant to this Section, shall be consistent
with the provisions of this Code and shall
conform to the Illinois Manual on Uniform Traffic Control Devices.
A local authority may require that any person who files a request for
the installation of traffic signs pay for the cost of such traffic signs.
Such traffic signs shall be in conformity with Section 11-604 of this Code.
(c) Any person or board of directors which has filed such a request
under this Section, may rescind that request by filing with the
appropriate local authority a written request for such rescission. Upon
receipt of the written request, the local authority shall subsequently
repeal the original enabling ordinance. Such repeal shall not take effect
until the first day of January following any such action by the local
authorities. However, no such rescission request may be filed within 12
months of the date of the original written request.
(d) The filing of a written request or the adoption of the
enabling ordinance under this Section in no way constitutes
a dedication to public use of any street, road, driveway, trail,
terrace, bridle path, parkway, parking area, or other roadway open to
or used by vehicular traffic, nor does it prevent such person or
board of directors, as owners of such property, from requiring
additional regulations than those specified by the local authorities or
otherwise regulating such use as may seem best to such person or board of
directors as long as they do not conflict with the powers granted to local
authorities under Section 11-208 of this Code.
(e) This amendatory act of 1972 is not a prohibition upon the
contractual and associational powers granted by Article VII, Section 10 of
the Illinois Constitution.
(Source: P.A. 86-521.)
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625 ILCS 5/11-210
(625 ILCS 5/11-210) (from Ch. 95 1/2, par. 11-210)
Sec. 11-210.
This Chapter not to interfere with rights of owners of real property with
reference thereto.
Nothing in this Chapter shall be construed to prevent the owner of real
property used by the public for purposes of vehicular travel by permission
of the owner and not as matter of right from prohibiting such use, or from
requiring other or different or additional conditions than those specified
in this Chapter, or otherwise regulating such use as may seem best to such
owner.
(Source: P.A. 76-1586.)
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625 ILCS 5/11-211
(625 ILCS 5/11-211) (from Ch. 95 1/2, par. 11-211)
Sec. 11-211.
Local Laws.
No owner of a motor vehicle shall be limited as to speed upon any public
place, at any time when the same is or may hereafter be opened to the use
of persons having or using other vehicles, nor be required to comply with
other provisions or conditions as to the use of such motor vehicles except
as in this Chapter provided, and except as is provided in this Act.
(Source: P.A. 77-1344.)
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625 ILCS 5/11-212
(625 ILCS 5/11-212)
Sec. 11-212. Traffic and pedestrian stop statistical study.
(a) Whenever a State or local law enforcement officer issues a
uniform traffic citation or warning citation for an alleged
violation of the Illinois Vehicle Code, he or she shall
record at least the following:
(1) the name, address, gender, and the officer's | | subjective determination of the race of the person stopped; the person's race shall be selected from the following list: American Indian or Alaska Native, Asian, Black or African American, Hispanic or Latino, Native Hawaiian or Other Pacific Islander, or White;
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(2) the alleged traffic violation that led to the
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(3) the make and year of the vehicle
stopped;
(4) the date and time of the stop, beginning when the
| | vehicle was stopped and ending when the driver is free to leave or taken into physical custody;
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(5) the location of the traffic stop;
(5.5) whether or not a consent search contemporaneous
| | to the stop was requested of the vehicle, driver, passenger, or passengers; and, if so, whether consent was given or denied;
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(6) whether or not a search contemporaneous to the
| | stop was conducted of the vehicle, driver, passenger, or passengers; and, if so, whether it was with consent or by other means;
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| (6.2) whether or not a police dog performed a sniff
| | of the vehicle; and, if so, whether or not the dog alerted to the presence of contraband; and, if so, whether or not an officer searched the vehicle; and, if so, whether or not contraband was discovered; and, if so, the type and amount of contraband;
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| (6.5) whether or not contraband was found during a
| | search; and, if so, the type and amount of contraband seized; and
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(7) the name and badge number of the issuing officer.
(b) Whenever a State or local law enforcement officer stops a
motorist for an alleged violation of the Illinois Vehicle Code
and does not issue a uniform traffic citation or
warning citation for an alleged violation of the Illinois
Vehicle Code, he or she shall complete a uniform stop card, which includes
field
contact cards, or any other existing form currently used by law enforcement
containing
information required pursuant to this Act,
that records
at least the following:
(1) the name, address, gender, and the officer's
| | subjective determination of the race of the person stopped; the person's race shall be selected from the following list: American Indian or Alaska Native, Asian, Black or African American, Hispanic or Latino, Native Hawaiian or Other Pacific Islander, or White;
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(2) the reason that led to the stop of the
motorist;
(3) the make and year of the vehicle
stopped;
(4) the date and time of the stop, beginning when the
| | vehicle was stopped and ending when the driver is free to leave or taken into physical custody;
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(5) the location of the traffic stop;
(5.5) whether or not a consent search contemporaneous
| | to the stop was requested of the vehicle, driver, passenger, or passengers; and, if so, whether consent was given or denied;
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(6) whether or not a search contemporaneous to the
| | stop was conducted of the vehicle, driver, passenger, or passengers; and, if so, whether it was with consent or by other means;
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| (6.2) whether or not a police dog performed a sniff
| | of the vehicle; and, if so, whether or not the dog alerted to the presence of contraband; and, if so, whether or not an officer searched the vehicle; and, if so, whether or not contraband was discovered; and, if so, the type and amount of contraband;
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| (6.5) whether or not contraband was found during a
| | search; and, if so, the type and amount of contraband seized; and
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(7) the name and badge number of the issuing
officer.
(b-5) For purposes of this subsection (b-5), "detention" means all frisks, searches, summons, and arrests. Whenever a law enforcement officer subjects a pedestrian to detention in a public place, he or she shall complete a uniform pedestrian stop card, which includes any existing form currently used by law enforcement containing all the information required under this Section, that records at least the following:
(1) the gender, and the officer's subjective
| | determination of the race of the person stopped; the person's race shall be selected from the following list: American Indian or Alaska Native, Asian, Black or African American, Hispanic or Latino, Native Hawaiian or Other Pacific Islander, or White;
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| (2) all the alleged reasons that led to the stop of
| | (3) the date and time of the stop;
(4) the location of the stop;
(5) whether or not a protective pat down or frisk was
| | conducted of the person; and, if so, all the alleged reasons that led to the protective pat down or frisk, and whether it was with consent or by other means;
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| (6) whether or not contraband was found during the
| | protective pat down or frisk; and, if so, the type and amount of contraband seized;
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| (7) whether or not a search beyond a protective pat
| | down or frisk was conducted of the person or his or her effects; and, if so, all the alleged reasons that led to the search, and whether it was with consent or by other means;
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| (8) whether or not contraband was found during the
| | search beyond a protective pat down or frisk; and, if so, the type and amount of contraband seized;
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| (9) the disposition of the stop, such as a warning, a
| | ticket, a summons, or an arrest;
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| (10) if a summons or ticket was issued, or an arrest
| | made, a record of the violations, offenses, or crimes alleged or charged; and
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| (11) the name and badge number of the officer who
| | This subsection (b-5) does not apply to searches or inspections for compliance authorized under the Fish and Aquatic Life Code, the Wildlife Code, the Herptiles-Herps Act, or searches or inspections during routine security screenings at facilities or events.
(c) The Illinois Department of Transportation shall provide a
standardized law
enforcement data compilation form on its website.
(d) Every law enforcement agency shall, by March 1 with regard to data collected during July through December of the previous calendar year and by August 1 with regard to data collected during January through June of the current calendar year, compile the data described in subsections (a), (b), and (b-5) on
the
standardized law enforcement data compilation form provided by the Illinois
Department
of Transportation and transmit the data to the Department.
(e) The Illinois Department of Transportation shall analyze the data
provided
by law
enforcement agencies required by this Section and submit a report of the
previous year's
findings to the
Governor, the General Assembly, the Racial Profiling Prevention and Data Oversight Board, and each law enforcement agency no later than
July 1
of each year. The Illinois Department of
Transportation may contract with
an outside entity for the analysis of the data provided. In analyzing the data
collected
under this Section, the analyzing entity shall scrutinize the data for evidence
of statistically
significant aberrations. The following list, which
is illustrative, and not exclusive, contains examples of areas in which
statistically
significant aberrations may be found:
(1) The percentage of minority drivers, passengers,
| | or pedestrians being stopped in a given area is substantially higher than the proportion of the overall population in or traveling through the area that the minority constitutes.
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(2) A substantial number of false stops including
| | stops not resulting in the issuance of a traffic ticket or the making of an arrest.
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(3) A disparity between the proportion of citations
| | issued to minorities and proportion of minorities in the population.
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(4) A disparity among the officers of the same law
| | enforcement agency with regard to the number of minority drivers, passengers, or pedestrians being stopped in a given area.
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(5) A disparity between the frequency of searches
| | performed on minority drivers or pedestrians and the frequency of searches performed on non-minority drivers or pedestrians.
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(f) Any law enforcement officer identification information and driver or pedestrian
identification information
that is
compiled by any law enforcement agency or the Illinois Department of
Transportation
pursuant to this Act for
the purposes of fulfilling the requirements of this Section shall be
confidential and exempt
from
public inspection and copying, as provided under Section 7 of the Freedom of
Information
Act,
and the information shall not be transmitted to anyone except as needed to
comply with
this Section. This Section shall not exempt those materials that, prior to the
effective date of this
amendatory Act of the 93rd General Assembly, were available under the Freedom
of
Information Act. This subsection (f) shall not preclude law enforcement agencies from reviewing data to perform internal reviews.
(g) Funding to implement this Section shall come from federal highway
safety
funds available to Illinois, as directed by the Governor.
(h) The Illinois Criminal Justice Information Authority, in consultation with
law enforcement agencies, officials, and organizations, including Illinois
chiefs of police,
the Illinois State Police, the Illinois Sheriffs Association, and the
Chicago Police
Department, and community groups and other experts, shall undertake a study to
determine the best use of technology to collect, compile, and analyze the
traffic stop
statistical study data required by this Section. The Department shall report
its findings
and recommendations to the Governor and the General Assembly by March 1, 2022.
(h-1) The Traffic and Pedestrian Stop Data Use and Collection Task Force is hereby created.
(1) The Task Force shall undertake a study to
| | determine the best use of technology to collect, compile, and analyze the traffic stop statistical study data required by this Section.
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| (2) The Task Force shall be an independent Task Force
| | under the Illinois Criminal Justice Information Authority for administrative purposes, and shall consist of the following members:
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| (A) 2 academics or researchers who have studied
| | issues related to traffic or pedestrian stop data collection and have education or expertise in statistics;
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| (B) one professor from an Illinois university who
| | specializes in policing and racial equity;
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| (C) one representative from the Illinois State
| | (D) one representative from the Chicago Police
| | (E) one representative from the Illinois Chiefs
| | (F) one representative from the Illinois Sheriffs
| | (G) one representative from the Chicago Fraternal
| | (H) one representative from the Illinois
| | Fraternal Order of Police;
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| (I) the Executive Director of the American Civil
| | Liberties Union of Illinois, or his or her designee; and
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| (J) 5 representatives from different community
| | organizations who specialize in civil or human rights, policing, or criminal justice reform work, and that represent a range of minority interests or different parts of the State.
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| (3) The Illinois Criminal Justice Information
| | Authority may consult, contract, work in conjunction with, and obtain any information from any individual, agency, association, or research institution deemed appropriate by the Authority.
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| (4) The Task Force shall report its findings and
| | recommendations to the Governor and the General Assembly by March 1, 2022 and every 3 years after.
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| (h-5) For purposes of this Section:
(1) "American Indian or Alaska Native" means a person
| | having origins in any of the original peoples of North and South America, including Central America, and who maintains tribal affiliation or community attachment.
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| (2) "Asian" means a person having origins in any of
| | the original peoples of the Far East, Southeast Asia, or the Indian subcontinent, including, but not limited to, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam.
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| (2.5) "Badge" means an officer's department issued
| | identification number associated with his or her position as a police officer with that department.
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| (3) "Black or African American" means a person having
| | origins in any of the black racial groups of Africa.
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| (4) "Hispanic or Latino" means a person of Cuban,
| | Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race.
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| (5) "Native Hawaiian or Other Pacific Islander" means
| | a person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.
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| (6) "White" means a person having origins in any of
| | the original peoples of Europe, the Middle East, or North Africa.
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| (i) (Blank).
(Source: P.A. 101-24, eff. 6-21-19; 102-465, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
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625 ILCS 5/11-213 (625 ILCS 5/11-213) (Text of Section before amendment by P.A. 103-667 ) Sec. 11-213. Power of a fire department officer; highway or lane closure. In the absence of a law enforcement officer or a representative of the highway agency having jurisdiction over the highway, an officer of a fire department, in the
performance of his or her official duties, has the authority to
close to traffic a highway, or a lane or lanes of a highway, as
necessary to protect the safety of persons or property. In order to promote the safe implementation of this Section, the fire department officer shall utilize an official fire department vehicle with lighted red or white oscillating, rotating, or flashing lights in accordance with Section 12-215 of this Code and proper temporary traffic control in accordance with the sections of the Illinois Manual on Uniform Traffic Control Devices concerning temporary traffic control and incident management. The officer should also receive training in safe practices for accomplishing these tasks near traffic. This Section does not apply to highways under the jurisdiction of the Illinois State Toll Highway Authority.
As used in this Section, "highway" has the meaning set forth in Section 1-126 of this Code.
(Source: P.A. 95-803, eff. 1-1-09.) (Text of Section after amendment by P.A. 103-667 ) Sec. 11-213. Power of a fire department officer; highway or lane closure. In the absence of a law enforcement officer or a representative of the highway agency having jurisdiction over the highway, an officer of a fire department, in the performance of his or her official duties, has the authority to close to traffic a highway, or a lane or lanes of a highway, as necessary to protect the safety of persons or property. In order to promote the safe implementation of this Section, the fire department officer shall utilize an official fire department vehicle with oscillating, rotating, or flashing lights in accordance with Section 12-215 of this Code and proper temporary traffic control in accordance with the sections of the Illinois Manual on Uniform Traffic Control Devices concerning temporary traffic control and incident management. The officer should also receive training in safe practices for accomplishing these tasks near traffic. This Section does not apply to highways under the jurisdiction of the Illinois State Toll Highway Authority. As used in this Section, "highway" has the meaning set forth in Section 1-126 of this Code. (Source: P.A. 103-667, eff. 1-1-25.) |
625 ILCS 5/11-214 (625 ILCS 5/11-214) Sec. 11-214. (Repealed).
(Source: P.A. 97-291, eff. 1-1-12. Repealed by P.A. 101-328, eff. 1-1-20 .) |
625 ILCS 5/11-215 (625 ILCS 5/11-215) Sec. 11-215. Secretary of State to provide information on use of truck global positioning systems. (a) The Secretary of State shall include in its commercial drivers license curriculum and study guide the distinctions between utilizing a truck-attributed global positioning system device and other non-truck-attributed global positioning system devices. (b) The Secretary of State shall develop a brochure regarding the distinctions between utilizing a truck-attributed global positioning system device and other non-truck-attributed global positioning system devices and shall make this brochure available at all Secretary of State facilities where an applicant may obtain or renew a commercial drivers license.
(Source: P.A. 97-291, eff. 1-1-12.) |
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