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

HB1195ham004 97TH GENERAL ASSEMBLY

Rep. Monique D. Davis

Filed: 4/4/2011

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1195

2    AMENDMENT NO. ______. Amend House Bill 1195, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Police Training Act is amended by
6changing Section 2 and by adding Section 10.12 as follows:
 
7    (50 ILCS 705/2)  (from Ch. 85, par. 502)
8    Sec. 2. Definitions. As used in this Act, unless the
9context otherwise requires:
10    "Board" means the Illinois Law Enforcement Training
11Standards Board.
12    "Local governmental agency" means any local governmental
13unit or municipal corporation in this State. It does not
14include the State of Illinois or any office, officer,
15department, division, bureau, board, commission, or agency of
16the State, except that it does include a State-controlled

 

 

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1university, college or public community college.
2    "Police training school" means any school located within
3the State of Illinois whether privately or publicly owned which
4offers a course in police or county corrections training and
5has been approved by the Board.
6    "Probationary police officer" means a recruit law
7enforcement officer required to successfully complete initial
8minimum basic training requirements at a police training school
9to be eligible for permanent full-time employment as a local
10law enforcement officer.
11    "Probationary part-time police officer" means a recruit
12part-time law enforcement officer required to successfully
13complete initial minimum part-time training requirements to be
14eligible for employment on a part-time basis as a local law
15enforcement officer.
16    "Permanent police officer" means a law enforcement officer
17who has completed his or her probationary period and is
18permanently employed on a full-time basis as a local law
19enforcement officer by a participating local governmental unit
20or as a security officer or campus policeman permanently
21employed by a participating State-controlled university,
22college, or public community college.
23    "Part-time police officer" means a law enforcement officer
24who has completed his or her probationary period and is
25employed on a part-time basis as a law enforcement officer by a
26participating unit of local government or as a campus policeman

 

 

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1by a participating State-controlled university, college, or
2public community college.
3    "Law enforcement officer" means (i) any police officer of a
4local governmental agency who is primarily responsible for
5prevention or detection of crime and the enforcement of the
6criminal code, traffic, or highway laws of this State or any
7political subdivision of this State or (ii) any member of a
8police force appointed and maintained as provided in Section 2
9of the Railroad Police Act.
10    "Recruit" means any full-time or part-time law enforcement
11officer or full-time county corrections officer who is enrolled
12in an approved training course.
13    "Probationary county corrections officer" means a recruit
14county corrections officer required to successfully complete
15initial minimum basic training requirements at a police
16training school to be eligible for permanent employment on a
17full-time basis as a county corrections officer.
18    "Permanent county corrections officer" means a county
19corrections officer who has completed his probationary period
20and is permanently employed on a full-time basis as a county
21corrections officer by a participating local governmental
22unit.
23    "County corrections officer" means any sworn officer of the
24sheriff who is primarily responsible for the control and
25custody of offenders, detainees or inmates.
26    "Probationary court security officer" means a recruit

 

 

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1court security officer required to successfully complete
2initial minimum basic training requirements at a designated
3training school to be eligible for employment as a court
4security officer.
5    "Permanent court security officer" means a court security
6officer who has completed his or her probationary period and is
7employed as a court security officer by a participating local
8governmental unit.
9    "Court security officer" has the meaning ascribed to it in
10Section 3-6012.1 of the Counties Code.
11    "Police animal" has the meaning ascribed to it in Section
122.17b of the Animal Control Act.
13(Source: P.A. 94-846, eff. 1-1-07.)
 
14    (50 ILCS 705/10.12 new)
15    Sec. 10.12. Police animal training standards. Beginning
16July 1, 2012, all police animals used by State and local law
17enforcement agencies shall be trained by programs that meet the
18minimum certification requirements set by the Board.
 
19    Section 10. The Illinois Vehicle Code is amended by
20changing Section 11-212 as follows:
 
21    (625 ILCS 5/11-212)
22    (Section scheduled to be repealed on July 1, 2015)
23    Sec. 11-212. Traffic stop statistical study.

 

 

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1    (a) Whenever a State or local law enforcement officer
2issues a uniform traffic citation or warning citation for an
3alleged violation of the Illinois Vehicle Code, he or she shall
4record 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 alleged traffic violation that led to the stop
11    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;
25        (6.2) whether or not a police dog performed a sniff of
26    the vehicle; and, if so, whether or not the dog alerted to

 

 

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1    the presence of contraband; and, if so, whether or not an
2    officer searched the vehicle; and, if so, whether or not
3    contraband was discovered; and, if so, the type and amount
4    of contraband;
5        (6.5) whether or not contraband was found during a
6    search; and, if so, the type and amount of contraband
7    seized; and
8        (7) the name and badge number of the issuing officer.
9    (b) Whenever a State or local law enforcement officer stops
10a motorist for an alleged violation of the Illinois Vehicle
11Code and does not issue a uniform traffic citation or warning
12citation for an alleged violation of the Illinois Vehicle Code,
13he or she shall complete a uniform stop card, which includes
14field contact cards, or any other existing form currently used
15by law enforcement containing information required pursuant to
16this Act, that records 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 reason that led to the stop of the motorist;
23        (3) the make and year of the vehicle stopped;
24        (4) the date and time of the stop, beginning when the
25    vehicle was stopped and ending when the driver is free to
26    leave or taken into physical custody;

 

 

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1        (5) the location of the traffic stop;
2        (5.5) whether or not a consent search contemporaneous
3    to the stop was requested of the vehicle, driver,
4    passenger, or passengers; and, if so, whether consent was
5    given or denied;
6        (6) whether or not a search contemporaneous to the stop
7    was conducted of the vehicle, driver, passenger, or
8    passengers; and, if so, whether it was with consent or by
9    other means;
10        (6.2) whether or not a police dog performed a sniff of
11    the vehicle; and, if so, whether or not the dog alerted to
12    the presence of contraband; and, if so, whether or not an
13    officer searched the vehicle; and, if so, whether or not
14    contraband was discovered; and, if so, the type and amount
15    of contraband;
16        (6.5) whether or not contraband was found during a
17    search; and, if so, the type and amount of contraband
18    seized; and
19        (7) the name and badge number of the issuing officer.
20    (c) The Illinois Department of Transportation shall
21provide a standardized law enforcement data compilation form on
22its website.
23    (d) Every law enforcement agency shall, by March 1 with
24regard to data collected during July through December of the
25previous calendar year and by August 1 with regard to data
26collected during January through June of the current calendar

 

 

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

 

 

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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 or passengers being stopped in a given area.
5        (5) A disparity between the frequency of searches
6    performed on minority drivers and the frequency of searches
7    performed on non-minority drivers.
8    (f) Any law enforcement officer identification information
9or driver identification information that is compiled by any
10law enforcement agency or the Illinois Department of
11Transportation pursuant to this Act for the purposes of
12fulfilling the requirements of this Section shall be
13confidential and exempt from public inspection and copying, as
14provided under Section 7 of the Freedom of Information Act, and
15the information shall not be transmitted to anyone except as
16needed to comply with this Section. This Section shall not
17exempt those materials that, prior to the effective date of
18this amendatory Act of the 93rd General Assembly, were
19available under the Freedom of Information Act. This subsection
20(f) shall not preclude law enforcement agencies from reviewing
21data to perform internal reviews.
22    (g) Funding to implement this Section shall come from
23federal highway safety funds available to Illinois, as directed
24by the Governor.
25    (h) The Illinois Department of Transportation, in
26consultation with law enforcement agencies, officials, and

 

 

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1organizations, including Illinois chiefs of police, the
2Department of State Police, the Illinois Sheriffs Association,
3and the Chicago Police Department, and community groups and
4other experts, shall undertake a study to determine the best
5use of technology to collect, compile, and analyze the traffic
6stop statistical study data required by this Section. The
7Department shall report its findings and recommendations to the
8Governor and the General Assembly by March 1, 2004.
9    (i) This Section is repealed on July 1, 2015.
10(Source: P.A. 95-290, eff. 8-20-07; 96-658, eff. 1-1-10.)
 
11    Section 99. Effective date. This Act takes effect July 1,
122012.".