100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2375

 

Introduced , by Rep. Mary E. Flowers

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-212
725 ILCS 5/107-14  from Ch. 38, par. 107-14

    Amends Illinois Vehicle Code. Provides that upon completion of a traffic stop for temporary questioning, without making an arrest or issuing a warning citation, the officer shall provide the motorist stopped with a stop receipt which briefly describes the stop, including the purpose of the stop, and contains the officer's name and badge number. The officer shall file a copy of the stop receipt with his or her department or agency, which shall maintain the copy in its records. Amends the Code of Criminal Procedure of 1963. Provides that upon completion of any stop of a person (rather than any stop involving a frisk or search) for temporary questioning where the officer is required to provide the person with a stop receipt, the officer shall file a copy of the stop receipt with his or her department or agency, which shall maintain the copy in its records.


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A BILL FOR

 

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1    AN ACT concerning police officers.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 11-212 as follows:
 
6    (625 ILCS 5/11-212)
7    (Section scheduled to be repealed on July 1, 2019)
8    Sec. 11-212. Traffic and pedestrian stop statistical
9study.
10    (a) Whenever a State or local law enforcement officer
11issues a uniform traffic citation or warning citation for an
12alleged violation of the Illinois Vehicle Code, he or she shall
13record at least the following:
14        (1) the name, address, gender, and the officer's
15    subjective determination of the race of the person stopped;
16    the person's race shall be selected from the following
17    list: American Indian or Alaska Native, Asian, Black or
18    African American, Hispanic or Latino, Native Hawaiian or
19    Other Pacific Islander, or White;
20        (2) the alleged traffic violation that led to the stop
21    of the motorist;
22        (3) the make and year of the vehicle stopped;
23        (4) the date and time of the stop, beginning when the

 

 

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1    vehicle was stopped and ending when the driver is free to
2    leave or taken into physical custody;
3        (5) the location of the traffic stop;
4        (5.5) whether or not a consent search contemporaneous
5    to the stop was requested of the vehicle, driver,
6    passenger, or passengers; and, if so, whether consent was
7    given or denied;
8        (6) whether or not a search contemporaneous to the stop
9    was conducted of the vehicle, driver, passenger, or
10    passengers; and, if so, whether it was with consent or by
11    other means;
12        (6.2) whether or not a police dog performed a sniff of
13    the vehicle; and, if so, whether or not the dog alerted to
14    the presence of contraband; and, if so, whether or not an
15    officer searched the vehicle; and, if so, whether or not
16    contraband was discovered; and, if so, the type and amount
17    of contraband;
18        (6.5) whether or not contraband was found during a
19    search; and, if so, the type and amount of contraband
20    seized; and
21        (7) the name and badge number of the issuing officer.
22    (b) Whenever a State or local law enforcement officer stops
23a motorist for an alleged violation of the Illinois Vehicle
24Code and does not issue a uniform traffic citation or warning
25citation for an alleged violation of the Illinois Vehicle Code,
26he or she shall complete a uniform stop card, which includes

 

 

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1field contact cards, or any other existing form currently used
2by law enforcement containing information required pursuant to
3this Act, that records at least the following:
4        (1) the name, address, gender, and the officer's
5    subjective determination of the race of the person stopped;
6    the person's race shall be selected from the following
7    list: American Indian or Alaska Native, Asian, Black or
8    African American, Hispanic or Latino, Native Hawaiian or
9    Other Pacific Islander, or White;
10        (2) the reason that led to the stop of the motorist;
11        (3) the make and year of the vehicle stopped;
12        (4) the date and time of the stop, beginning when the
13    vehicle was stopped and ending when the driver is free to
14    leave or taken into physical custody;
15        (5) the location of the traffic stop;
16        (5.5) whether or not a consent search contemporaneous
17    to the stop was requested of the vehicle, driver,
18    passenger, or passengers; and, if so, whether consent was
19    given or denied;
20        (6) whether or not a search contemporaneous to the stop
21    was conducted of the vehicle, driver, passenger, or
22    passengers; and, if so, whether it was with consent or by
23    other means;
24        (6.2) whether or not a police dog performed a sniff of
25    the vehicle; and, if so, whether or not the dog alerted to
26    the presence of contraband; and, if so, whether or not an

 

 

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1    officer searched the vehicle; and, if so, whether or not
2    contraband was discovered; and, if so, the type and amount
3    of contraband;
4        (6.5) whether or not contraband was found during a
5    search; and, if so, the type and amount of contraband
6    seized; and
7        (7) the name and badge number of the issuing officer.
8    Upon completion of the stop without issuing a uniform
9traffic citation or warning citation, the officer shall provide
10the motorist with a stop receipt which briefly describes the
11stop, including the purpose of the stop, and contains the
12officer's name and badge number. The officer shall file a copy
13of the stop receipt with his or her department or agency, which
14shall maintain the copy in its records.
15    (b-5) For purposes of this subsection (b-5), "detention"
16means all frisks, searches, summons, and arrests. Whenever a
17law enforcement officer subjects a pedestrian to detention in a
18public place, he or she shall complete a uniform pedestrian
19stop card, which includes any existing form currently used by
20law enforcement containing all the information required under
21this Section, that records at least the following:
22        (1) the gender, and the officer's subjective
23    determination of the race of the person stopped; the
24    person's race shall be selected from the following list:
25    American Indian or Alaska Native, Asian, Black or African
26    American, Hispanic or Latino, Native Hawaiian or Other

 

 

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1    Pacific Islander, or White;
2        (2) all the alleged reasons that led to the stop of the
3    person;
4        (3) the date and time of the stop;
5        (4) the location of the stop;
6        (5) whether or not a protective pat down or frisk was
7    conducted of the person; and, if so, all the alleged
8    reasons that led to the protective pat down or frisk, and
9    whether it was with consent or by other means;
10        (6) whether or not contraband was found during the
11    protective pat down or frisk; and, if so, the type and
12    amount of contraband seized;
13        (7) whether or not a search beyond a protective pat
14    down or frisk was conducted of the person or his or her
15    effects; and, if so, all the alleged reasons that led to
16    the search, and whether it was with consent or by other
17    means;
18        (8) whether or not contraband was found during the
19    search beyond a protective pat down or frisk; and, if so,
20    the type and amount of contraband seized;
21        (9) the disposition of the stop, such as a warning, a
22    ticket, a summons, or an arrest;
23        (10) if a summons or ticket was issued, or an arrest
24    made, a record of the violations, offenses, or crimes
25    alleged or charged; and
26        (11) the name and badge number of the officer who

 

 

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1    conducted the detention.
2    This subsection (b-5) does not apply to searches or
3inspections for compliance authorized under the Fish and
4Aquatic Life Code, the Wildlife Code, the Herptiles-Herps Act,
5or searches or inspections during routine security screenings
6at facilities or events.
7    (c) The Illinois Department of Transportation shall
8provide a standardized law enforcement data compilation form on
9its website.
10    (d) Every law enforcement agency shall, by March 1 with
11regard to data collected during July through December of the
12previous calendar year and by August 1 with regard to data
13collected during January through June of the current calendar
14year, compile the data described in subsections (a), (b), and
15(b-5) on the standardized law enforcement data compilation form
16provided by the Illinois Department of Transportation and
17transmit the data to the Department.
18    (e) The Illinois Department of Transportation shall
19analyze the data provided by law enforcement agencies required
20by this Section and submit a report of the previous year's
21findings to the Governor, the General Assembly, the Racial
22Profiling Prevention and Data Oversight Board, and each law
23enforcement agency no later than July 1 of each year. The
24Illinois Department of Transportation may contract with an
25outside entity for the analysis of the data provided. In
26analyzing the data collected under this Section, the analyzing

 

 

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1entity shall scrutinize the data for evidence of statistically
2significant aberrations. The following list, which is
3illustrative, and not exclusive, contains examples of areas in
4which statistically significant aberrations may be found:
5        (1) The percentage of minority drivers, passengers, or
6    pedestrians being stopped in a given area is substantially
7    higher than the proportion of the overall population in or
8    traveling through the area that the minority constitutes.
9        (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.
12        (3) A disparity between the proportion of citations
13    issued to minorities and proportion of minorities in the
14    population.
15        (4) A disparity among the officers of the same law
16    enforcement agency with regard to the number of minority
17    drivers, passengers, or pedestrians being stopped in a
18    given area.
19        (5) A disparity between the frequency of searches
20    performed on minority drivers or pedestrians and the
21    frequency of searches performed on non-minority drivers or
22    pedestrians.
23    (f) Any law enforcement officer identification information
24and driver or pedestrian identification information that is
25compiled by any law enforcement agency or the Illinois
26Department of Transportation pursuant to this Act for the

 

 

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1purposes of fulfilling the requirements of this Section shall
2be confidential and exempt from public inspection and copying,
3as provided under Section 7 of the Freedom of Information Act,
4and the information shall not be transmitted to anyone except
5as needed to comply with this Section. This Section shall not
6exempt those materials that, prior to the effective date of
7this amendatory Act of the 93rd General Assembly, were
8available under the Freedom of Information Act. This subsection
9(f) shall not preclude law enforcement agencies from reviewing
10data to perform internal reviews.
11    (g) Funding to implement this Section shall come from
12federal highway safety funds available to Illinois, as directed
13by the Governor.
14    (h) The Illinois Department of Transportation, in
15consultation with law enforcement agencies, officials, and
16organizations, including Illinois chiefs of police, the
17Department of State Police, the Illinois Sheriffs Association,
18and the Chicago Police Department, and community groups and
19other experts, shall undertake a study to determine the best
20use of technology to collect, compile, and analyze the traffic
21stop statistical study data required by this Section. The
22Department shall report its findings and recommendations to the
23Governor and the General Assembly by March 1, 2004.
24    (h-5) For purposes of this Section:
25        (1) "American Indian or Alaska Native" means a person
26    having origins in any of the original peoples of North and

 

 

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1    South America, including Central America, and who
2    maintains tribal affiliation or community attachment.
3        (2) "Asian" means a person having origins in any of the
4    original peoples of the Far East, Southeast Asia, or the
5    Indian subcontinent, including, but not limited to,
6    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
7    the Philippine Islands, Thailand, and Vietnam.
8        (2.5) "Badge" means an officer's department issued
9    identification number associated with his or her position
10    as a police officer with that department.
11        (3) "Black or African American" means a person having
12    origins in any of the black racial groups of Africa. Terms
13    such as "Haitian" or "Negro" can be used in addition to
14    "Black or African American".
15        (4) "Hispanic or Latino" means a person of Cuban,
16    Mexican, Puerto Rican, South or Central American, or other
17    Spanish culture or origin, regardless of race.
18        (5) "Native Hawaiian or Other Pacific Islander" means a
19    person having origins in any of the original peoples of
20    Hawaii, Guam, Samoa, or other Pacific Islands.
21        (6) "White" means a person having origins in any of the
22    original peoples of Europe, the Middle East, or North
23    Africa.
24    (i) This Section is repealed on July 1, 2019.
25(Source: P.A. 98-686, eff. 6-30-14; 99-352, eff. 1-1-16.)
 

 

 

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1    Section 10. The Code of Criminal Procedure of 1963 is
2amended by changing Section 107-14 as follows:
 
3    (725 ILCS 5/107-14)  (from Ch. 38, par. 107-14)
4    Sec. 107-14. Temporary questioning without arrest.
5    (a) A peace officer, after having identified himself as a
6peace officer, may stop any person in a public place for a
7reasonable period of time when the officer reasonably infers
8from the circumstances that the person is committing, is about
9to commit or has committed an offense as defined in Section
10102-15 of this Code, and may demand the name and address of the
11person and an explanation of his actions. Such detention and
12temporary questioning will be conducted in the vicinity of
13where the person was stopped.
14    (b) Upon completion of any stop under subsection (a),
15involving a frisk or search, and unless impractical,
16impossible, or under exigent circumstances, the officer shall
17provide the person with a stop receipt which provides the
18reason for the stop and contains the officer's name and badge
19number. The officer shall file a copy of the stop receipt with
20his or her department or agency, which shall maintain the copy
21in its records. This subsection (b) does not apply to searches
22or inspections for compliance with the Fish and Aquatic Life
23Code, the Wildlife Code, the Herptiles-Herps Act, or searches
24or inspections for routine security screenings at facilities or
25events. For the purposes of this subsection (b), "badge" means

 

 

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1an officer's department issued identification number
2associated with his or her position as a police officer with
3that department.
4(Source: P.A. 99-352, eff. 1-1-16.)