Full Text of HB1613 101st General Assembly
HB1613enr 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Section 11-212 as follows:
| 6 | | (625 ILCS 5/11-212)
| 7 | | (Section scheduled to be repealed on July 1, 2019)
| 8 | | Sec. 11-212. Traffic and pedestrian stop statistical | 9 | | study.
| 10 | | (a) Whenever a State or local law enforcement officer | 11 | | issues a
uniform traffic citation or warning citation for an | 12 | | alleged
violation of the Illinois Vehicle Code, he or she shall
| 13 | | record at least the following:
| 14 | | (1) the name, address, gender, and
the officer's | 15 | | subjective determination of the race of
the person
stopped; | 16 | | the person's race shall be selected from the following | 17 | | list:
American Indian or Alaska Native, Asian, Black or | 18 | | African American, Hispanic or Latino, Native Hawaiian or | 19 | | Other Pacific Islander, or White;
| 20 | | (2) the alleged traffic violation that led to the
stop | 21 | | of the motorist;
| 22 | | (3) the make and year of the vehicle
stopped;
| 23 | | (4) the date and time of the stop, beginning when the |
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| 1 | | vehicle was stopped and ending when the driver is free to | 2 | | leave or taken into physical custody;
| 3 | | (5) the location of the traffic stop; | 4 | | (5.5) whether or not a consent search contemporaneous | 5 | | to the stop was requested of the vehicle, driver, | 6 | | passenger, or passengers; and, if so, whether consent was | 7 | | given or denied;
| 8 | | (6) whether or not a search contemporaneous to the stop | 9 | | was conducted of
the
vehicle, driver, passenger, or | 10 | | passengers; and, if so, whether it was with
consent or by | 11 | | other means; | 12 | | (6.2) whether or not a police dog performed a sniff of | 13 | | the vehicle; and, if so, whether or not the dog alerted to | 14 | | the presence of contraband; and, if so, whether or not an | 15 | | officer searched the vehicle; and, if so, whether or not | 16 | | contraband was discovered; and, if so, the type and amount | 17 | | of contraband; | 18 | | (6.5) whether or not contraband was found during a | 19 | | search; and, if so, the type and amount of contraband | 20 | | seized; and
| 21 | | (7) the name and badge number of the issuing officer.
| 22 | | (b) Whenever a State or local law enforcement officer stops | 23 | | a
motorist for an alleged violation of the Illinois Vehicle | 24 | | Code
and does not issue a uniform traffic citation or
warning | 25 | | citation for an alleged violation of the Illinois
Vehicle Code, | 26 | | he or she shall complete a uniform stop card, which includes
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| 1 | | field
contact cards, or any other existing form currently used | 2 | | by law enforcement
containing
information required pursuant to | 3 | | this Act,
that records
at least the following:
| 4 | | (1) the name, address, gender,
and
the officer's | 5 | | subjective determination of the race of the person
stopped; | 6 | | the person's race shall be selected from the following | 7 | | list:
American Indian or Alaska Native, Asian, Black or | 8 | | African American, Hispanic or Latino, Native Hawaiian or | 9 | | Other Pacific Islander, or White;
| 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 | | (b-5) For purposes of this subsection (b-5), "detention" | 9 | | means all frisks, searches, summons, and arrests. Whenever a | 10 | | law enforcement officer subjects a pedestrian to detention in a | 11 | | public place, he or she shall complete a uniform pedestrian | 12 | | stop card, which includes any existing form currently used by | 13 | | law enforcement containing all the information required under | 14 | | this Section, that records at least the following: | 15 | | (1) the gender, and the officer's subjective | 16 | | determination of the race of the person stopped; the | 17 | | person's race shall be selected from the following list: | 18 | | American Indian or Alaska Native, Asian, Black or African | 19 | | American, Hispanic or Latino, Native Hawaiian or Other | 20 | | Pacific Islander, or White; | 21 | | (2) all the alleged reasons that led to the stop of the | 22 | | person; | 23 | | (3) the date and time of the stop; | 24 | | (4) the location of the stop; | 25 | | (5) whether or not a protective pat down or frisk was | 26 | | conducted of the person; and, if so, all the alleged |
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| 1 | | reasons that led to the protective pat down or frisk, and | 2 | | whether it was with consent or by other means; | 3 | | (6) whether or not contraband was found during the | 4 | | protective pat down or frisk; and, if so, the type and | 5 | | amount of contraband seized; | 6 | | (7) whether or not a search beyond a protective pat | 7 | | down or frisk was conducted of the person or his or her | 8 | | effects; and, if so, all the alleged reasons that led to | 9 | | the search, and whether it was with consent or by other | 10 | | means; | 11 | | (8) whether or not contraband was found during the | 12 | | search beyond a protective pat down or frisk; and, if so, | 13 | | the type and amount of contraband seized; | 14 | | (9) the disposition of the stop, such as a warning, a | 15 | | ticket, a summons, or an arrest; | 16 | | (10) if a summons or ticket was issued, or an arrest | 17 | | made, a record of the violations, offenses, or crimes | 18 | | alleged or charged; and | 19 | | (11) the name and badge number of the officer who | 20 | | conducted the detention. | 21 | | This subsection (b-5) does not apply to searches or | 22 | | inspections for compliance authorized under the Fish and | 23 | | Aquatic Life Code, the Wildlife Code, the Herptiles-Herps Act, | 24 | | or searches or inspections during routine security screenings | 25 | | at facilities or events. | 26 | | (c) The Illinois Department of Transportation shall |
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| 1 | | provide a
standardized law
enforcement data compilation form on | 2 | | its website.
| 3 | | (d) Every law enforcement agency shall, by March 1 with | 4 | | regard to data collected during July through December of the | 5 | | previous calendar year and by August 1 with regard to data | 6 | | collected during January through June of the current calendar | 7 | | year, compile the data described in subsections (a), (b), and | 8 | | (b-5) on
the
standardized law enforcement data compilation form | 9 | | provided by the Illinois
Department
of Transportation and | 10 | | transmit the data to the Department.
| 11 | | (e) The Illinois Department of Transportation shall | 12 | | analyze the data
provided
by law
enforcement agencies required | 13 | | by this Section and submit a report of the
previous year's
| 14 | | findings to the
Governor, the General Assembly, the Racial | 15 | | Profiling Prevention and Data Oversight Board, and each law | 16 | | enforcement agency no later than
July 1
of each year. The | 17 | | Illinois Department of
Transportation may contract with
an | 18 | | outside entity for the analysis of the data provided. In | 19 | | analyzing the data
collected
under this Section, the analyzing | 20 | | entity shall scrutinize the data for evidence
of statistically
| 21 | | significant aberrations. The following list, which
is | 22 | | illustrative, and not exclusive, contains examples of areas in | 23 | | which
statistically
significant aberrations may be found:
| 24 | | (1) The percentage of minority drivers, passengers, or | 25 | | pedestrians being stopped in a
given
area
is substantially | 26 | | higher than the proportion of the overall population in or
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| 1 | | traveling
through the area that the minority constitutes.
| 2 | | (2) A substantial number of false stops including stops | 3 | | not resulting in
the
issuance of a traffic ticket or the | 4 | | making of an arrest.
| 5 | | (3) A disparity between the proportion of citations | 6 | | issued to minorities
and
proportion of minorities in the | 7 | | population.
| 8 | | (4) A disparity among the officers of the same law | 9 | | enforcement agency with
regard to the number of minority | 10 | | drivers, passengers, or pedestrians being stopped in a | 11 | | given
area.
| 12 | | (5) A disparity between the frequency of searches | 13 | | performed on minority
drivers or pedestrians
and the | 14 | | frequency of searches performed on non-minority drivers or | 15 | | pedestrians.
| 16 | | (f) Any law enforcement officer identification information | 17 | | and driver or pedestrian
identification information
that is
| 18 | | compiled by any law enforcement agency or the Illinois | 19 | | Department of
Transportation
pursuant to this Act for
the | 20 | | purposes of fulfilling the requirements of this Section shall | 21 | | be
confidential and exempt
from
public inspection and copying, | 22 | | as provided under Section 7 of the Freedom of
Information
Act,
| 23 | | and the information shall not be transmitted to anyone except | 24 | | as needed to
comply with
this Section. This Section shall not | 25 | | exempt those materials that, prior to the
effective date of | 26 | | this
amendatory Act of the 93rd General Assembly, were |
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| 1 | | available under the Freedom
of
Information Act. This subsection | 2 | | (f) shall not preclude law enforcement agencies from reviewing | 3 | | data to perform internal reviews.
| 4 | | (g) Funding to implement this Section shall come from | 5 | | federal highway
safety
funds available to Illinois, as directed | 6 | | by the Governor.
| 7 | | (h) The Illinois Criminal Justice Information Authority | 8 | | Illinois Department of Transportation , in consultation with
| 9 | | law enforcement agencies, officials, and organizations, | 10 | | including Illinois
chiefs of police,
the Department of State | 11 | | Police, the Illinois Sheriffs Association, and the
Chicago | 12 | | Police
Department, and community groups and other experts, | 13 | | shall undertake a study to
determine the best use of technology | 14 | | to collect, compile, and analyze the
traffic stop
statistical | 15 | | study data required by this Section. The Department shall | 16 | | report
its findings
and recommendations to the Governor and the | 17 | | General Assembly by March 1, 2022
2004 . | 18 | | (h-1) The Traffic and Pedestrian Stop Data Use and | 19 | | Collection Task Force is hereby created. | 20 | | (1) The Task Force shall undertake a study to determine | 21 | | the best use of technology to collect, compile, and analyze | 22 | | the traffic stop statistical study data required by this | 23 | | Section. | 24 | | (2) The Task Force shall be an independent Task Force | 25 | | under the Illinois Criminal Justice Information Authority | 26 | | for administrative purposes, and shall consist of the |
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| 1 | | following members: | 2 | | (A) 2 academics or researchers who have studied | 3 | | issues related to traffic or pedestrian stop data | 4 | | collection and have education or expertise in | 5 | | statistics; | 6 | | (B) one professor from an Illinois university who | 7 | | specializes in policing and racial equity; | 8 | | (C) one representative from the Illinois State | 9 | | Police; | 10 | | (D) one representative from the Chicago Police | 11 | | Department; | 12 | | (E) one representative from the Illinois Chiefs of | 13 | | Police; | 14 | | (F) one representative from the Illinois Sheriffs | 15 | | Association; | 16 | | (G) one representative from the Chicago Fraternal | 17 | | Order of Police; | 18 | | (H) one representative from the Illinois Fraternal | 19 | | Order of Police; | 20 | | (I) the Executive Director of the American Civil | 21 | | Liberties Union of Illinois, or his or her designee; | 22 | | and | 23 | | (J) 5 representatives from different community | 24 | | organizations who specialize in civil or human rights, | 25 | | policing, or criminal justice reform work, and that | 26 | | represent a range of minority interests or different |
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| 1 | | parts of the State. | 2 | | (3) The Illinois Criminal Justice Information | 3 | | Authority may consult, contract, work in conjunction with, | 4 | | and obtain any information from any individual, agency, | 5 | | association, or research institution deemed appropriate by | 6 | | the Authority. | 7 | | (4) The Task Force shall report its findings and | 8 | | recommendations to the Governor and the General Assembly by | 9 | | March 1, 2022 and every 3 years after. | 10 | | (h-5) For purposes of this Section: | 11 | | (1) "American Indian or Alaska Native" means a person | 12 | | having origins in any of the original peoples of North and | 13 | | South America, including Central America, and who | 14 | | maintains tribal affiliation or community attachment. | 15 | | (2) "Asian" means a person having origins in any of the | 16 | | original peoples of the Far East, Southeast Asia, or the | 17 | | Indian subcontinent, including, but not limited to, | 18 | | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | 19 | | the Philippine Islands, Thailand, and Vietnam. | 20 | | (2.5) "Badge" means an officer's department issued | 21 | | identification number associated with his or her position | 22 | | as a police officer with that department. | 23 | | (3) "Black or African American" means a person having | 24 | | origins in any of the black racial groups of Africa. Terms | 25 | | such as "Haitian" or "Negro" can be used in addition to | 26 | | "Black or African American". |
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| 1 | | (4) "Hispanic or Latino" means a person of Cuban, | 2 | | Mexican, Puerto Rican, South or Central American, or other | 3 | | Spanish culture or origin, regardless of race. | 4 | | (5) "Native Hawaiian or Other Pacific Islander" means a | 5 | | person having origins in any of the original peoples of | 6 | | Hawaii, Guam, Samoa, or other Pacific Islands. | 7 | | (6) "White" means a person having origins in any of the | 8 | | original peoples of Europe, the Middle East, or North | 9 | | Africa. | 10 | | (i) (Blank). This Section is repealed on July 1, 2019.
| 11 | | (Source: P.A. 98-686, eff. 6-30-14; 99-352, eff. 1-1-16 .)
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.
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