Illinois General Assembly - Full Text of HB1195
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Full Text of HB1195  97th General Assembly

HB1195enr 97TH GENERAL ASSEMBLY



 


 
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1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 3. The Department of State Police Law of the Civil
5Administrative Code of Illinois is amended by adding Section
62605-95 as follows:
 
7    (20 ILCS 2605/2605-95 new)
8    Sec. 2605-95. Training; police dog training standards.
9Beginning July 1, 2012, all police dogs used by the Department
10for drug enforcement purposes pursuant to the Cannabis Control
11Act (720 ILCS 550/), the Illinois Controlled Substances Act
12(720 ILCS 570/), and the Methamphetamine Control and Community
13Protection Act (720 ILCS 646/) shall be trained by programs
14that meet the certification requirements set by the Director or
15the Director's designee. Satisfactory completion of the
16training shall be evidenced by a certificate issued by the
17Department.
 
18    Section 5. The Illinois Police Training Act is amended by
19adding Section 10.12 as follows:
 
20    (50 ILCS 705/10.12 new)
21    Sec. 10.12. Police dog training standards. Beginning July

 

 

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11, 2012, all police dogs used by State and local law
2enforcement agencies for drug enforcement purposes pursuant to
3the Cannabis Control Act (720 ILCS 550/), the Illinois
4Controlled Substances Act (720 ILCS 570/), and the
5Methamphetamine Control and Community Protection Act (720 ILCS
6646/) shall be trained by programs that meet the minimum
7certification requirements set by the Board.
 
8    Section 10. The Illinois Vehicle Code is amended by
9changing Section 11-212 as follows:
 
10    (625 ILCS 5/11-212)
11    (Section scheduled to be repealed on July 1, 2015)
12    Sec. 11-212. Traffic stop statistical study.
13    (a) Whenever a State or local law enforcement officer
14issues a uniform traffic citation or warning citation for an
15alleged violation of the Illinois Vehicle Code, he or she shall
16record at least the following:
17        (1) the name, address, gender, and the officer's
18    subjective determination of the race of the person stopped;
19    the person's race shall be selected from the following
20    list: Caucasian, African-American, Hispanic, Native
21    American/Alaska Native, or Asian/Pacific Islander;
22        (2) the alleged traffic violation that led to the stop
23    of the motorist;
24        (3) the make and year of the vehicle stopped;

 

 

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

 

 

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1he or she shall complete a uniform stop card, which includes
2field contact cards, or any other existing form currently used
3by law enforcement containing information required pursuant to
4this Act, that records at least the following:
5        (1) the name, address, gender, and the officer's
6    subjective determination of the race of the person stopped;
7    the person's race shall be selected from the following
8    list: Caucasian, African-American, Hispanic, Native
9    American/Alaska Native, or Asian/Pacific Islander;
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    (c) The Illinois Department of Transportation shall
9provide a standardized law enforcement data compilation form on
10its website.
11    (d) Every law enforcement agency shall, by March 1 with
12regard to data collected during July through December of the
13previous calendar year and by August 1 with regard to data
14collected during January through June of the current calendar
15year, compile the data described in subsections (a) and (b) on
16the standardized law enforcement data compilation form
17provided by the Illinois Department of Transportation and
18transmit the data to the Department.
19    (e) The Illinois Department of Transportation shall
20analyze the data provided by law enforcement agencies required
21by this Section and submit a report of the previous year's
22findings to the Governor, the General Assembly, the Racial
23Profiling Prevention and Data Oversight Board, and each law
24enforcement agency no later than July 1 of each year. The
25Illinois Department of Transportation may contract with an
26outside entity for the analysis of the data provided. In

 

 

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

 

 

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1confidential and exempt from public inspection and copying, as
2provided under Section 7 of the Freedom of Information Act, and
3the information shall not be transmitted to anyone except as
4needed to comply with this Section. This Section shall not
5exempt those materials that, prior to the effective date of
6this amendatory Act of the 93rd General Assembly, were
7available under the Freedom of Information Act. This subsection
8(f) shall not preclude law enforcement agencies from reviewing
9data to perform internal reviews.
10    (g) Funding to implement this Section shall come from
11federal highway safety funds available to Illinois, as directed
12by the Governor.
13    (h) The Illinois Department of Transportation, in
14consultation with law enforcement agencies, officials, and
15organizations, including Illinois chiefs of police, the
16Department of State Police, the Illinois Sheriffs Association,
17and the Chicago Police Department, and community groups and
18other experts, shall undertake a study to determine the best
19use of technology to collect, compile, and analyze the traffic
20stop statistical study data required by this Section. The
21Department shall report its findings and recommendations to the
22Governor and the General Assembly by March 1, 2004.
23    (i) This Section is repealed on July 1, 2015.
24(Source: P.A. 95-290, eff. 8-20-07; 96-658, eff. 1-1-10.)
 
25    Section 99. Effective date. This Act takes effect July 1,
262012.