Full Text of HR0405 99th General Assembly
HR0405 99TH GENERAL ASSEMBLY |
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| 1 | | HOUSE RESOLUTION
| 2 | | WHEREAS, In the past year, the nation's attention has | 3 | | turned to police practices because of high profile killings, | 4 | | including Michael Brown in Ferguson, Missouri, Tamir Rice in | 5 | | Ohio, and Eric Garner in New York; and
| 6 | | WHEREAS, Concerns about policing extend beyond the use of | 7 | | force and into the everyday interactions of police with | 8 | | community members; and
| 9 | | WHEREAS, In African-American and Latino communities, | 10 | | everyday interactions with police often result in a "stop and | 11 | | frisk"; and
| 12 | | WHEREAS, Under the United States Supreme Court decision in | 13 | | Terry v. Ohio, 392 U.S. 1 (1968), an officer is allowed to stop | 14 | | a person if the officer has reasonable suspicion that the | 15 | | person has been, is, or is about to be engaged in criminal | 16 | | activity; once a person is stopped, if an officer has | 17 | | reasonable suspicion that the person is dangerous and has a | 18 | | weapon, the officer may frisk the person including ordering him | 19 | | or her to put his or her hands on a wall or car, and allowing | 20 | | the officer to frisk the person's body to determine if a weapon | 21 | | is being carried; and
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| 1 | | WHEREAS, This experience is often invasive, humiliating, | 2 | | and disturbing; and
| 3 | | WHEREAS, Many police departments have failed to adequately | 4 | | train, supervise, and monitor law enforcement in minority | 5 | | communities for decades, resulting in a failure to ensure that | 6 | | officers' use of stop and frisk is lawful; and
| 7 | | WHEREAS, A report by the American Civil Liberties Union of | 8 | | Chicago found that the Chicago Police Department has a current | 9 | | practice of unlawfully using stop and frisk:
"Although officers | 10 | | are required to write down the reason for stops, in nearly half | 11 | | of the stops we reviewed, officers either gave an unlawful | 12 | | reason for the stop or failed to provide enough information to | 13 | | justify the stop."; and | 14 | | WHEREAS, The report states that "stop and frisk" in Chicago | 15 | | is disproportionately concentrated in the African-American | 16 | | community comprising 72% of all stops, even though | 17 | | African-Americans constitute just 32% of the city's population | 18 | | and in majority white police districts, minorities were stopped | 19 | | disproportionately to the number of minority people living in | 20 | | those districts; and
this failure to properly record data makes | 21 | | it impossible for police supervisors, or the public, to | 22 | | identify bad practices and make policy changes to address them; | 23 | | the abuse of stop and frisk is a violation of individual |
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| 1 | | rights, but it also poisons police and community relations; and | 2 | | WHEREAS, In Chicago, there were more than 250,000 stops | 3 | | that did not lead to an arrest; Chicagoans were stopped more | 4 | | than 4 times as often as New Yorkers at the height of New York | 5 | | City's stop and frisk practice; and | 6 | | WHEREAS, Chicago refuses to keep adequate data about its | 7 | | officers' stops; officers do not identify stops that result in | 8 | | an arrest or ordinance violation, and they do not keep any data | 9 | | on when they frisk someone; therefore, be it | 10 | | RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE | 11 | | NINETY-NINTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that | 12 | | the House urges the General Assembly to pass legislation that | 13 | | adopts the recommendations of the American Civil Liberties | 14 | | Union of Chicago as follows: | 15 | | (1) require police departments to collect data on each | 16 | | frisk, record the frisk, the reason for the frisk (which | 17 | | must be separate from the reasons for the stop), and the | 18 | | results of the search such as whether there was a weapon or | 19 | | other contraband and if so, what type and make the data | 20 | | public; | 21 | | (2) expand and make permanent the Illinois Traffic Stop | 22 | | Statistical Study Act; | 23 | | (3) require police departments to collect data on all |
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| 1 | | stops and make the data public; | 2 | | (4) require police officers to receive regular | 3 | | training on the legal requirements for stop and frisk and | 4 | | how to record them properly; and | 5 | | (5) require that police officers provide civilians | 6 | | with a receipt at the end of pedestrian stops, traffic | 7 | | stops, and consensual encounters stating the officer's | 8 | | name, the time and place of the encounter, and the reason | 9 | | for the encounter.
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