Illinois General Assembly - Full Text of HB0361
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Full Text of HB0361  93rd General Assembly

HB0361ham001 93rd General Assembly


093_HB0361ham001

 










                                     LRB093 04330 DRH 13001 a

 1                     AMENDMENT TO HOUSE BILL 361

 2        AMENDMENT NO.     .  Amend House Bill  361  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The  Illinois  Vehicle  Code  is amended by
 5    adding Section 16-108 as follows:

 6        (626 ILCS 5/16-108 new)
 7        (a)  From January 1, 2004 until December 31,  2007,  each
 8    time a peace officer stops a driver of a motor vehicle for an
 9    alleged  violation of any motor vehicle statute or ordinance,
10    that  officer  shall  document  and  report   the   following
11    information  to  the  law enforcement agency that employs the
12    officer:
13             (1)  the age and gender of the person stopped;
14             (2)  the officer's subjective determination  of  the
15        race  of  the  person  stopped  from  the following list:
16        Caucasian, African American, Hispanic, Native American or
17        Alaska Native, or Asian or Pacific Islander;
18             (3)  whether or not a search was conducted, and,  if
19        so, whether it was with consent or by other means;
20             (4)  whether  an  arrest  was  made, and, if so, the
21        crime charged; and
22             (5)  the location of the stop.
 
                            -2-      LRB093 04330 DRH 13001 a
 1        The officer  shall  not  record  his  or  her  subjective
 2    determination  of  the  person's  race  on any citation, stop
 3    card, or warning issued to the person stopped.
 4        (b)  Every  law  enforcement  agency  shall  collect  and
 5    transmit to the Illinois Department of Transportation, in the
 6    manner and at the times the Department may require, the  data
 7    described  in  subsection  (a).  The  Illinois  Department of
 8    Transportation  shall  determine  the  format  that  all  law
 9    enforcement agencies shall use to submit the report.
10        (c)  The  Illinois  Department  of  Transportation  shall
11    analyze the reports of law enforcement agencies  required  by
12    this  Section  and  submit  a  report  of the findings to the
13    Governor, the General  Assembly,  and  each  law  enforcement
14    agency  no  later than March 1, 2005, March 1, 2006, March 1,
15    2007,  and  March  1,  2008.  The  Illinois   Department   of
16    Transportation  may  contract  with an outside entity for the
17    analyzing  of  the  data  provided.  In  analyzing  the  data
18    collected under this  Section,  the  analyzing  entity  shall
19    scrutinize the data for evidence of statistically significant
20    aberrations.  The .05 level of statistical significance shall
21    be presumed to be evidence of an  aberration.  The  following
22    list,  which  is  illustrative,  and  not exclusive, contains
23    examples  of  areas  in   which   statistically   significant
24    aberrations may be found:
25             (1)  The   percentage   of   minority   drivers   of
26        passengers being stopped in a given area is substantially
27        higher  than  the proportion of the overall population in
28        or  traveling  through  the  area   that   the   minority
29        constitutes;
30             (2)  A  substantial number of false stops, including
31        stops not resulting in the issuance of a  traffic  ticket
32        or the making of an arrest;
33             (3)  A disparity between the proportion of citations
34        issued  to minorities and proportion of minorities in the
 
                            -3-      LRB093 04330 DRH 13001 a
 1        population;
 2             (4)  A disparity among the officers of the same  law
 3        enforcement  agency with regard to the number of minority
 4        drivers of passengers being stopped in a given area; and
 5             (5)  A disparity between the frequency  of  searches
 6        performed  on  minority  drivers  and  the  frequency  of
 7        searches performed on non-minority drivers.
 8        (d)  Any  officer  identification  information  or driver
 9    identification  information  that  is  compiled  by  any  law
10    enforcement agency  or  the  Illinois  Department  of  Public
11    Safety  pursuant  to  subsections  (a),  (b), and (c) of this
12    Section for the purposes of fulfilling  the  requirements  of
13    this  Section  shall  be  confidential and exempt from public
14    inspection and copying, as provided under Section  7  of  the
15    Freedom  of Information Act, and the information shall not be
16    transmitted to anyone except as needed to  comply  with  this
17    Section.".