Sen. Kwame Raoul

Filed: 2/28/2006

 

 


 

 


 
09400SB2368sam001 LRB094 17976 DRH 56660 a

1
AMENDMENT TO SENATE BILL 2368

2     AMENDMENT NO. ______. Amend Senate Bill 2368 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 1. Short title. This Act may be cited as the
5 Racial Profiling Prevention and Data Oversight Act.
 
6     Section 5. Legislative purpose. The purpose of this Act is
7 to identify and address bias-based policing through the
8 monitoring, review, and improvement of the collection of racial
9 profiling information collected under the Illinois Traffic
10 Stop Statistical Study. Through this data collection and
11 review, a more accurate understanding of this problem can be
12 obtained, thus allowing the concerns of the motoring public to
13 be better addressed, resources such as specialized training to
14 be provided, the honest efforts of Illinois' law enforcement
15 professionals to be demonstrated, and the civil rights of all
16 Illinois citizens to be protected.
 
17     Section 10. Definitions. As used in this Act:
18     (a) "Oversight Board" means the Racial Profiling
19 Prevention and Data Oversight Board established under this Act.
20     (b) "Department" means the Illinois Department of
21 Transportation.
22     (c) "Traffic Stop Statistical Study Act" means Section
23 11-212 of the Illinois Vehicle Code.
 

 

 

09400SB2368sam001 - 2 - LRB094 17976 DRH 56660 a

1     Section 15. Oversight Board.
2     (a) There is created within the Department a Racial
3 Profiling Prevention and Data Oversight Board, consisting of 28
4 members, which shall independently exercise its powers,
5 duties, and responsibilities. The Board shall have the
6 authority to allow additional participation from various
7 groups that the Board deems necessary for additional input.
8     (b) The membership of the Oversight Board shall consist of:
9         (1) 4 legislators appointed by the General Assembly
10     leadership equally apportioned between the 2 houses and
11     political parties;
12         (2) the Attorney General or his or her designee;
13         (3) the Secretary of the Illinois Department of
14     Transportation or his or her designee;
15         (4) the Director of the Illinois State Police or his or
16     her designee;
17         (5) the Superintendent of the Chicago Police
18     Department or his or her designee;
19         (6) 2 police chiefs representing jurisdictions of
20     varied size and geography appointed by the Illinois
21     Association of Chiefs of Police;
22         (7) 2 sheriffs representing jurisdictions of varied
23     size and geography appointed by the Illinois Sheriffs'
24     Association;
25         (8) a representative appointed by Illinois Law
26     Enforcement Training and Standards Board;
27         (9) a representative appointed by the Illinois
28     Fraternal Order of Police;
29         (10) a representative appointed by the Cook County
30     State's Attorney Office;
31         (11) a representative appointed by the Cook County
32     Public Defender;
33         (12) a representative appointed by the State's

 

 

09400SB2368sam001 - 3 - LRB094 17976 DRH 56660 a

1     Attorneys Appellate Prosecutor;
2         (13) a representative appointed by the State Appellate
3     Defender;
4         (14) a representative appointed by the American Civil
5     Liberties Union of Illinois;
6         (15) a representative of the Mexican American Legal
7     Defense and Education Fund;
8         (16) a representative of Operation P.U.S.H.;
9         (17) a representative of the Illinois Conference of
10     NAACP Chapters;
11         (18) a representative of the Council on
12     American-Islamic Relations;
13         (19) a representative of the League of United Latin
14     American Citizens; and
15         (20) the following members appointed by the Governor:
16             (A) 2 members of the general public; and
17             (B) 2 members of the Illinois academic community
18         with specific expertise in both statistical analysis
19         and law enforcement.
 
20     Section 20. Governing Board. From the membership of the
21 Board, the Governor shall designate the chair and vice chair of
22 the Governing Board, who shall serve at the discretion of the
23 Governor. Members appointed by the Governor shall serve at the
24 discretion of the Governor for a term not to exceed 2 years.
25 All members may be reappointed for an unlimited number of
26 terms. The Governing Board shall meet at least quarterly.
 
27     Section 25. Funding. Funding to implement this Act shall be
28 appropriated by the General Assembly to the Department.
 
29     Section 30. Compensation. Members of the Governing Board
30 shall serve without compensation. Members may be reimbursed by
31 the Department for reasonable expenses incurred in connection

 

 

09400SB2368sam001 - 4 - LRB094 17976 DRH 56660 a

1 with their duties.
 
2     Section 35. Staffing. The Secretary of the Department shall
3 employ or assign, in accordance with the provisions of the
4 Illinois Personnel Code, the administrative, professional,
5 clerical, and other personnel required and may organize his or
6 her staff as may be appropriate to effectuate the purposes,
7 powers, duties, and responsibilities contained in this Act.
 
8     Section 40. Powers and duties of the Governing Board. The
9 Governing Board shall have the following powers, duties, and
10 responsibilities:
11     (a) To comply with the requirements of applicable federal
12 or State laws or regulations and adopt rules consistent with
13 this Act as allowed by the Illinois Administrative Procedure
14 Act (IAPA) through the Joint Committee on Administrative Rules
15 (JCAR).
16     (b) To coordinate the development, adoption, and
17 implementation of plans and strategies to eliminate racial
18 profiling in Illinois.
19     (c) To study, recommend, and promulgate data collection
20 requirements regarding additional race/ethnicity categories to
21 be added to the traffic stop statistical study in order to
22 improve data collection among unreported/under-reported
23 minority populations. The board shall study and recommend if
24 required, at a minimum, data collection strategies,
25 categories, and benchmarks for persons of Middle-Eastern
26 origin.
27     (d) To study stops lasting over 30 minutes and define
28 categorical reasons for the extended stops.
29     (e) To study, recommend, and report to the Governor,
30 Illinois Secretary of State, and the General Assembly, no later
31 than December 1, 2006, strategies to improve the benchmark data
32 available to identify the race, ethnicity, and geographical

 

 

09400SB2368sam001 - 5 - LRB094 17976 DRH 56660 a

1 residence of the Illinois' driving population beginning on
2 January 1, 2007, with the collection of race/ethnicity data on
3 driver's license new-applicant/renewals. This data shall be
4 available for statistical benchmark comparison purposes only.
5     (f) To coordinate the development, adoption, and
6 implementation of public awareness programs in the minority
7 communities designed to educate individuals regarding racial
8 profiling and their civil rights.
9     (g) To promulgate model policies for police agencies that
10 are designed to protect individuals' civil rights related to
11 police traffic enforcement.
12     (h) To adopt rules as may be necessary to effectuate
13 training regarding data collection and mechanisms to engage
14 those agencies who willfully fail to comply with the
15 requirements of the Traffic Stop Statistical Study Act.
16     (i) To study, recommend, and report no later than July 1,
17 2007 on technological solutions to aid in the identification,
18 elimination, and prevention of racial profiling and to
19 recommend funding sources for statewide implementation of the
20 technological solutions.
21     (j) To report annually, on or before April 1 of each year,
22 to the Governor and the General Assembly on the Governing
23 Board's activities in the preceding fiscal year.
24     (k) To study whether Illinois should continue the mandatory
25 data collection required under this Act as well as the best
26 practices of data collection as related to the identification,
27 elimination, and prevention of bias-based policing and report
28 its findings and recommendations to the Governor and the
29 General Assembly by July 1, 2008.
 
30     Section 90. The Illinois Vehicle Code is amended by
31 changing Section 11-212 as follows:
 
32     (625 ILCS 5/11-212)

 

 

09400SB2368sam001 - 6 - LRB094 17976 DRH 56660 a

1     Sec. 11-212. Traffic stop statistical study.
2     (a) Whenever From January 1, 2004 until December 31, 2007,
3 whenever a State or local law enforcement officer issues a
4 uniform traffic citation or warning citation for an alleged
5 violation of the Illinois Vehicle Code, he or she shall record
6 at least the following:
7         (1) the name, address, gender, and the officer's
8     subjective determination of the race of the person stopped;
9     the person's race shall be selected from the following
10     list: Caucasian, African-American, Hispanic, Native
11     American/Alaska Native, or Asian/Pacific Islander;
12         (2) the alleged traffic violation that led to the stop
13     of the motorist;
14         (3) the make and year of the vehicle stopped;
15         (4) the date and time of the stop, beginning when the
16     vehicle was stopped and ending when the driver is free to
17     leave or taken into physical custody;
18         (5) the location of the traffic stop;
19         (5.5) whether or not a consent search contemporaneous
20     to the stop was requested of the vehicle, driver,
21     passenger, or passengers; and, if so, whether consent was
22     given or denied;
23         (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
27         (6.5) whether or not contraband was found during a
28     search; and, if so, the type and amount of contraband
29     seized; and
30         (7) the name and badge number of the issuing officer.
31     (b) Whenever From January 1, 2004 until December 31, 2007,
32 whenever a State or local law enforcement officer stops a
33 motorist for an alleged violation of the Illinois Vehicle Code
34 and does not issue a uniform traffic citation or warning

 

 

09400SB2368sam001 - 7 - LRB094 17976 DRH 56660 a

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: Caucasian, African-American, Hispanic, Native
10     American/Alaska Native, or Asian/Pacific Islander;
11         (2) the reason that led to the stop of the motorist;
12         (3) the make and year of the vehicle stopped;
13         (4) the date and time of the stop, beginning when the
14     vehicle was stopped and ending when the driver is free to
15     leave or taken into physical custody;
16         (5) the location of the traffic stop;
17         (5.5) whether or not a consent search contemporaneous
18     to the stop was requested of the vehicle, driver,
19     passenger, or passengers; and, if so, whether consent was
20     given or denied;
21         (6) whether or not a search contemporaneous to the stop
22     was conducted of the vehicle, driver, passenger, or
23     passengers; and, if so, whether it was with consent or by
24     other means; and
25         (6.5) whether or not contraband was found during a
26     search; and, if so, the type and amount of contraband
27     seized; and
28         (7) the name and badge number of the issuing officer.
29     (c) The Illinois Department of Transportation shall
30 provide a standardized law enforcement data compilation form on
31 its website.
32     (d) Every law enforcement agency shall, by March 1 with
33 regard to data collected during July through December of the
34 previous calendar year and by August 1 with regard to data

 

 

09400SB2368sam001 - 8 - LRB094 17976 DRH 56660 a

1 collected during January through June of the current calendar
2 year in each of the years 2004, 2005, 2006, and 2007, compile
3 the data described in subsections (a) and (b) on the
4 standardized law enforcement data compilation form provided by
5 the Illinois Department of Transportation and transmit the data
6 to the Department.
7     (e) The Illinois Department of Transportation shall
8 analyze the data provided by law enforcement agencies required
9 by this Section and submit a report of the previous year's
10 findings to the Governor, the General Assembly, the Racial
11 Profiling Prevention and Data Oversight Board, and each law
12 enforcement agency no later than July 1 of each year in each of
13 the years 2005, 2006, 2007, and 2008. The Illinois Department
14 of Transportation may contract with an outside entity for the
15 analysis of the data provided. In analyzing the data collected
16 under this Section, the analyzing entity shall scrutinize the
17 data for evidence of statistically significant aberrations.
18 The following list, which is illustrative, and not exclusive,
19 contains examples of areas in which statistically significant
20 aberrations may be found:
21         (1) The percentage of minority drivers or passengers
22     being stopped in a given area is substantially higher than
23     the proportion of the overall population in or traveling
24     through the area that the minority constitutes.
25         (2) A substantial number of false stops including stops
26     not resulting in the issuance of a traffic ticket or the
27     making of an arrest.
28         (3) A disparity between the proportion of citations
29     issued to minorities and proportion of minorities in the
30     population.
31         (4) A disparity among the officers of the same law
32     enforcement agency with regard to the number of minority
33     drivers or passengers being stopped in a given area.
34         (5) A disparity between the frequency of searches

 

 

09400SB2368sam001 - 9 - LRB094 17976 DRH 56660 a

1     performed on minority drivers and the frequency of searches
2     performed on non-minority drivers.
3     (f) Any law enforcement officer identification information
4 or driver identification information that is compiled by any
5 law enforcement agency or the Illinois Department of
6 Transportation pursuant to this Act for the purposes of
7 fulfilling the requirements of this Section shall be
8 confidential and exempt from public inspection and copying, as
9 provided under Section 7 of the Freedom of Information Act, and
10 the information shall not be transmitted to anyone except as
11 needed to comply with this Section. This Section shall not
12 exempt those materials that, prior to the effective date of
13 this amendatory Act of the 93rd General Assembly, were
14 available under the Freedom of Information Act.
15     (g) Funding to implement this Section shall come from
16 federal highway safety funds available to Illinois, as directed
17 by the Governor.
18     (h) The Illinois Department of Transportation, in
19 consultation with law enforcement agencies, officials, and
20 organizations, including Illinois chiefs of police, the
21 Department of State Police, the Illinois Sheriffs Association,
22 and the Chicago Police Department, and community groups and
23 other experts, shall undertake a study to determine the best
24 use of technology to collect, compile, and analyze the traffic
25 stop statistical study data required by this Section. The
26 Department shall report its findings and recommendations to the
27 Governor and the General Assembly by March 1, 2004.
28     (i) The Racial Profiling Prevention and Data Oversight
29 Board shall undertake a study to determine the best use of
30 technology to collect, compile, and analyze the traffic stop
31 statistical study data required by this Section as well as
32 strategies to fund implementation of recommended technologies.
33 The Board shall report its findings and recommendations to the
34 Governor and the General Assembly by July 1, 2007.

 

 

09400SB2368sam001 - 10 - LRB094 17976 DRH 56660 a

1     (j) The Racial Profiling Prevention and Data Oversight
2 Board shall undertake a comprehensive study to determine
3 whether Illinois should continue the mandatory data collection
4 required under this Section as well as the best practices of
5 data collection as related to the identification, elimination,
6 and prevention of bias-based policing. The Board shall report
7 its findings and recommendations to the Governor and the
8 General Assembly by July 1, 2008.
9     (k) This Section is repealed on July 1, 2010.
10 (Source: P.A. 93-209, eff. 7-18-03.)
 
11     Section 99. Effective date. This Act takes effect upon
12 becoming law, except that the changes to Section 11-212 of the
13 Illinois Vehicle Code take effect January 1, 2007.".