HB3961eng 97TH GENERAL ASSEMBLY

HB3961 Engrossed LRB097 16272 RLC 61585 b

AN ACT concerning reports of stun gun and taser use by law enforcement officers.

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

Section 1. Short title. This Act may be cited as the Law Enforcement Officer Stun Gun and Taser Use Reporting Act.

Section 5. Taser Reporting.

(a) Beginning January 1, 2013 until December 31, 2017, subsequent to the use of a stun gun or taser by a State or local law enforcement officer to subdue a subject, the officer shall record the following information:

(1) the name, address, gender, age, and the officer's subjective determination of the race of the person who was tased; the person's race shall be selected from the following list: American Indian or Alaska Native, Asian, Black or African American, Hispanic or Latino, Native Hawaiian or Other Pacific Islander, or White;

(2) the alleged violation that led to the tasering of the subject;

(3) the date and time of the incident, beginning when the person was approached by the officer and ending when the subject was free to leave or taken into physical custody;

(4) the location of the incident;

(5) the type of crime or incident the subject was involved in;

(6) determination of whether deadly force would have been justified;

(7) investigative statements of:

(i) the subject,

(ii) all personnel who used a stun gun or taser in the incident, and

(iii) all witnesses;

(8) the type and brand of stun gun or taser used;

(9) the number of activations, the duration of each cycle, the duration between activations, and (as best as can be determined) the duration that the subject received applications;

(10) the level of aggression encountered;

(11) any weapons possessed by the subject;

(12) the range at which the stun gun or taser was used;

(13) the type of mode used (probe deployment or drive stun);

(14) the point of probe impact on a subject with the device in probe mode;

(15) the point of impact on a subject with the device in drive stun mode;

(16) location of missed probes;

(17) terrain and weather conditions during stun gun or taser use;

(18) lighting conditions;

(19) the type of cartridge used;

(20) suspicion that subject was under the influence of drugs (specify drug or drugs if available);

(21) medical care provided to the subject;

(22) any injuries incurred by personnel or the subject; and

(23) the name and badge number of the issuing officer.

(b) The Illinois Criminal Justice Information Authority shall provide a standardized law enforcement data compilation form on its website.

(c) Every law enforcement agency shall, by March 1 with regard to data collected during July through December of the previous calendar year and by August 1 with regard to data collected during January through June of the current calendar year, compile the data described in subsection (a) on the standardized law enforcement data compilation form provided by the Illinois Criminal Justice Information Authority and transmit the data to the Authority.

(d) The Illinois Criminal Justice Information Authority shall analyze the data provided by law enforcement agencies required by this Section and submit a report of the previous year's findings to the Governor, the General Assembly, and each law enforcement agency no later than July 1 of each year. The Illinois Criminal Justice Information Authority may contract with an outside entity for the analysis of the data provided. In analyzing the data collected under this Section, the analyzing entity shall scrutinize the data for evidence of statistically significant aberrations.

(e) For purposes of this Section:

(1) "American Indian or Alaska Native" means a person having origins in any of the original peoples of North and South America, including Central America, and who maintains tribal affiliation or community attachment.

(2) "Asian" means a person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent, including, but not limited to, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam.

(3) "Black or African American" means a person having origins in any of the black racial groups of Africa. Terms such as "Haitian" or "Negro" can be used in addition to "Black or African American".

(4) "Hispanic or Latino" means a person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race.

(5) "Native Hawaiian or Other Pacific Islander" means a person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.

(6) "Stun gun or taser" has the meaning ascribed to the term in Section 24-1 of the Criminal Code of 1961.

(7) "White" means a person having origins in any of the original peoples of Europe, the Middle East, or North Africa.

Section 10. Repeal. This Act is repealed on July 1, 2018.