093_SB0030

 
                                     LRB093 03751 DRJ 03785 b

 1        AN ACT concerning law enforcement, amending named Acts.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Department of State Police Law within the
 5    Civil Administrative Code of Illinois is  amended  by  adding
 6    Section 2605-85 as follows:

 7        (20 ILCS 2605/2605-85 new)
 8        Sec.   2605-85.    Training;   cultural  diversity.   The
 9    Department shall provide training and continuing education to
10    State  Police   officers   concerning   cultural   diversity,
11    including  sensitivity  toward racial and ethnic differences.
12    This training and continuing education shall include, but not
13    be limited to, an emphasis  on  the  fact  that  the  primary
14    purpose of enforcement of the Illinois Vehicle Code is safety
15    and equal and uniform enforcement under the law.

16        Section  7.  The  State Mandates Act is amended by adding
17    Section 8.27 as follows:

18        (30 ILCS 805/8.27 new)
19        Sec. 8.27.  Exempt mandate.  Notwithstanding  Sections  6
20    and  8 of this Act, no reimbursement by the State is required
21    for  the  implementation  of  any  mandate  created  by  this
22    amendatory Act of the 93rd General Assembly.

23        Section 10.  The Illinois Police Training Act is  amended
24    by changing Section 7 as follows:

25        (50 ILCS 705/7) (from Ch. 85, par. 507)
26        Sec. 7. Rules and standards for schools.  The Board shall
27    adopt  rules  and  minimum  standards  for such schools which
 
                            -2-      LRB093 03751 DRJ 03785 b
 1    shall include but not be limited to the following:
 2        a.  The curriculum for probationary police officers which
 3    shall be offered by all certified schools shall  include  but
 4    not  be  limited  to  courses  of arrest, search and seizure,
 5    civil rights, human relations, cultural diversity,  including
 6    racial  and ethnic sensitivity, criminal law, law of criminal
 7    procedure, vehicle and  traffic  law  including  uniform  and
 8    non-discriminatory  enforcement of the Illinois Vehicle Code,
 9    traffic control and  accident  investigation,  techniques  of
10    obtaining  physical  evidence, court testimonies, statements,
11    reports,    firearms    training,    first-aid     (including
12    cardiopulmonary    resuscitation),   handling   of   juvenile
13    offenders, recognition of  mental  conditions  which  require
14    immediate  assistance  and  methods  to safeguard and provide
15    assistance to a person in need of mental  treatment,  law  of
16    evidence,  the  hazards  of  high-speed police vehicle chases
17    with an emphasis on alternatives to the high-speed chase, and
18    physical training.  The  curriculum  shall  include  specific
19    training   in   techniques  for  immediate  response  to  and
20    investigation of cases of domestic  violence  and  of  sexual
21    assault  of adults and children. The curriculum for permanent
22    police officers shall include  but  not  be  limited  to  (1)
23    refresher  and  in-service  training  in  any  of the courses
24    listed above in this subparagraph, (2)  advanced  courses  in
25    any  of  the  subjects listed above in this subparagraph, (3)
26    training  for  supervisory  personnel,  and  (4)  specialized
27    training in subjects and fields to be selected by the board.
28        b.  Minimum courses of study, attendance requirements and
29    equipment requirements.
30        c.  Minimum requirements for instructors.
31        d.  Minimum  basic   training   requirements,   which   a
32    probationary  police  officer  must  satisfactorily  complete
33    before being eligible for permanent employment as a local law
34    enforcement  officer  for  a participating local governmental
 
                            -3-      LRB093 03751 DRJ 03785 b
 1    agency.  Those requirements shall include training  in  first
 2    aid (including cardiopulmonary resuscitation).
 3        e.  Minimum   basic   training   requirements,   which  a
 4    probationary county corrections officer  must  satisfactorily
 5    complete  before being eligible for permanent employment as a
 6    county  corrections  officer  for   a   participating   local
 7    governmental agency.
 8        f.  Minimum   basic   training   requirements   which   a
 9    probationary   court  security  officer  must  satisfactorily
10    complete before being eligible for permanent employment as  a
11    court security officer for a participating local governmental
12    agency.     The   Board   shall   establish   those  training
13    requirements  which  it  considers  appropriate   for   court
14    security  officers  and shall certify schools to conduct that
15    training.
16        A person hired to serve as a court security officer  must
17    obtain  from  the Board a certificate (i) attesting to his or
18    her  successful  completion  of  the  training  course;  (ii)
19    attesting to his or her satisfactory completion of a training
20    program of similar content and number of hours that has  been
21    found  acceptable  by  the Board under the provisions of this
22    Act; or (iii) attesting to the Board's determination that the
23    training  course  is  unnecessary  because  of  the  person's
24    extensive prior law enforcement experience.
25        Individuals  who  currently  serve  as   court   security
26    officers  shall  be  deemed qualified to continue to serve in
27    that capacity so long as they are certified  as  provided  by
28    this  Act  within  24  months  of  the effective date of this
29    amendatory Act of 1996.  Failure to be so certified, absent a
30    waiver from the Board, shall cause the officer to forfeit his
31    or her position.
32        All individuals hired as court security  officers  on  or
33    after the effective date of this amendatory Act of 1996 shall
34    be  certified  within  12  months  of the date of their hire,
 
                            -4-      LRB093 03751 DRJ 03785 b
 1    unless a waiver has been obtained by the Board, or they shall
 2    forfeit their positions.
 3        The Sheriff's Merit Commission, if  one  exists,  or  the
 4    Sheriff's  Office  if there is no Sheriff's Merit Commission,
 5    shall maintain a list  of  all  individuals  who  have  filed
 6    applications  to  become court security officers and who meet
 7    the eligibility  requirements  established  under  this  Act.
 8    Either  the  Sheriff's  Merit  Commission,  or  the Sheriff's
 9    Office  if  no  Sheriff's  Merit  Commission  exists,   shall
10    establish a schedule of reasonable intervals for verification
11    of  the  applicants'  qualifications  under  this  Act and as
12    established by the Board.
13    (Source: P.A.  88-661,  eff.  1-1-95;  89-685,  eff.  6-1-97;
14    89-707, eff. 6-1-97.)

15        Section  15.  The  Illinois  Vehicle  Code  is amended by
16    adding Section 11-212 as follows:

17        (625 ILCS 5/11-212 new)
18        Sec. 11-212.  Traffic stop statistical study.
19        (a)  From June 1, 2003 until 4 years after the  effective
20    date  of  this  amendatory  Act of the 93rd General Assembly,
21    whenever a State or local law enforcement  officer  issues  a
22    uniform  traffic  citation or warning citation for an alleged
23    violation of the Illinois  Vehicle  Code,  he  or  she  shall
24    record on the face of the citation at least the following:
25             (1)  the  name,  address, telephone number, sex, and
26        race of the motorist;
27             (2)  the alleged traffic violation that led  to  the
28        stop of the motorist;
29             (3)  the  make,  model,  and  year  of  the  vehicle
30        stopped;
31             (4)  the date and time of the stop;
32             (5)  the location of the traffic stop, including the
 
                            -5-      LRB093 03751 DRJ 03785 b
 1        street  address, the nearest intersection, or the nearest
 2        highway mile marker;
 3             (6)  whether or not a search was  conducted  of  the
 4        vehicle,  driver,  or passenger or passengers as a result
 5        of the stop; and
 6             (7)  the  name  and  badge  number  of  the  issuing
 7        officer.
 8        (b)  From June 1, 2003 until 4 years after the  effective
 9    date  of  this  amendatory  Act of the 93rd General Assembly,
10    whenever a State or local law  enforcement  officer  stops  a
11    motorist  and  does  not  issue a uniform traffic citation or
12    warning citation for an alleged  violation  of  the  Illinois
13    Vehicle Code, he or she shall issue a uniform stop card, on a
14    form  prescribed by the Secretary of State, and record on the
15    face of the stop card at least the following:
16             (1) the name, address, telephone  number,  sex,  and
17        race of the motorist;
18             (2)  the   reason  that  led  to  the  stop  of  the
19        motorist;
20             (3)  the  make,  model,  and  year  of  the  vehicle
21        stopped;
22             (4)  the date and time of the stop;
23             (5)  the location of the traffic stop, including the
24        street address, the nearest intersection, or the  nearest
25        highway mile marker;
26             (6)  whether  or  not  a search was conducted of the
27        vehicle, driver, or passenger or passengers as  a  result
28        of the stop; and
29             (7)  the  name  and  badge  number  of  the  issuing
30        officer.
31        (c)  From  June 8, 2003 until 3 years after the effective
32    date of this amendatory Act of the 93rd General Assembly, the
33    Director of the State Police and the  chief  law  enforcement
34    officer  of  each  local  law  enforcement agency within this
 
                            -6-      LRB093 03751 DRJ 03785 b
 1    State shall ensure that the  Clerks  of  the  Circuit  Courts
 2    within  each respective Judicial Circuit in which a citation,
 3    warning, or uniform stop card is issued,  receive  copies  of
 4    the  same.  Thereafter, each Clerk of the Circuit Court shall
 5    compile the traffic stop data.
 6        (d)  Upon compiling the  data  in  subsection  (c),  each
 7    Clerk  of  the  Circuit  Court  shall forward the data to the
 8    Secretary of the State on forms prescribed by the Secretary.
 9        (e)  Upon receiving the data specified in subsection (d),
10    the Secretary of State shall, by  February  8  of  each  year
11    until 3 years after the effective date of this amendatory Act
12    of  the  93rd General Assembly, compile and study the traffic
13    stop  data  to  determine  whether  there  is  a  pattern  of
14    discrimination throughout the State  in  the  enforcement  of
15    this  Code  and  send  the  findings,  in  a  report,  to the
16    Governor, the President of the Senate,  the  Speaker  of  the
17    House  of Representatives, the Minority Leader of the Senate,
18    and the Minority Leader of the House of Representatives.
19        (f)  The  report  shall  not  contain   any   information
20    regarding the identity of any individual who has been stopped
21    or of any law enforcement officer.

22        Section  99.  Effective date.  This Act takes effect upon
23    becoming law.