Illinois General Assembly - Full Text of SB0030
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Full Text of SB0030  93rd General Assembly

SB0030enr 93rd General Assembly


SB30 Enrolled                        LRB093 03751 DRJ 03785 b

 1        AN ACT concerning law enforcement, amending named Acts.

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

 4        Section 3.  The Freedom of Information Act is amended  by
 5    changing Section 7 as follows:

 6        (5 ILCS 140/7) (from Ch. 116, par. 207)
 7        Sec. 7.  Exemptions.
 8        (1)  The  following  shall  be exempt from inspection and
 9    copying:
10             (a)  Information   specifically   prohibited    from
11        disclosure   by   federal  or  State  law  or  rules  and
12        regulations adopted under federal or State law.
13             (b)  Information   that,   if    disclosed,    would
14        constitute  a  clearly  unwarranted  invasion of personal
15        privacy, unless the disclosure is consented to in writing
16        by the  individual  subjects  of  the  information.   The
17        disclosure of information that bears on the public duties
18        of public employees and officials shall not be considered
19        an  invasion  of  personal privacy.  Information exempted
20        under this  subsection  (b)  shall  include  but  is  not
21        limited to:
22                  (i)  files  and personal information maintained
23             with  respect  to  clients,   patients,   residents,
24             students  or  other  individuals  receiving  social,
25             medical,    educational,    vocational,   financial,
26             supervisory or custodial care or  services  directly
27             or   indirectly  from  federal  agencies  or  public
28             bodies;
29                  (ii)  personnel files and personal  information
30             maintained  with respect to employees, appointees or
31             elected officials of any public body  or  applicants
SB30 Enrolled               -2-      LRB093 03751 DRJ 03785 b
 1             for those positions;
 2                  (iii)  files     and    personal    information
 3             maintained with respect to any applicant, registrant
 4             or licensee by any public body cooperating  with  or
 5             engaged     in    professional    or    occupational
 6             registration, licensure or discipline;
 7                  (iv)  information required of any  taxpayer  in
 8             connection  with the assessment or collection of any
 9             tax unless disclosure is otherwise required by State
10             statute; and
11                  (v)  information  revealing  the  identity   of
12             persons   who   file   complaints  with  or  provide
13             information to  administrative,  investigative,  law
14             enforcement  or  penal  agencies; provided, however,
15             that  identification   of   witnesses   to   traffic
16             accidents,  traffic  accident  reports,  and  rescue
17             reports   may  be  provided  by  agencies  of  local
18             government, except in a case for  which  a  criminal
19             investigation  is  ongoing,  without  constituting a
20             clearly unwarranted  per  se  invasion  of  personal
21             privacy under this subsection.
22             (c)  Records   compiled   by  any  public  body  for
23        administrative  enforcement  proceedings  and   any   law
24        enforcement  or  correctional  agency for law enforcement
25        purposes or for internal matters of a  public  body,  but
26        only to the extent that disclosure would:
27                  (i)  interfere  with  pending  or  actually and
28             reasonably contemplated law enforcement  proceedings
29             conducted  by  any  law  enforcement or correctional
30             agency;
31                  (ii)  interfere  with  pending   administrative
32             enforcement  proceedings  conducted  by  any  public
33             body;
34                  (iii)  deprive  a  person of a fair trial or an
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 1             impartial hearing;
 2                  (iv)  unavoidably disclose the  identity  of  a
 3             confidential   source  or  confidential  information
 4             furnished only by the confidential source;
 5                  (v)  disclose     unique     or     specialized
 6             investigative techniques other than those  generally
 7             used  and  known  or  disclose internal documents of
 8             correctional   agencies   related   to    detection,
 9             observation  or  investigation of incidents of crime
10             or misconduct;
11                  (vi)  constitute  an   invasion   of   personal
12             privacy under subsection (b) of this Section;
13                  (vii)  endanger  the life or physical safety of
14             law enforcement personnel or any other person; or
15                  (viii)  obstruct    an     ongoing     criminal
16             investigation.
17             (d)  Criminal  history record information maintained
18        by State or local criminal justice agencies,  except  the
19        following  which  shall be open for public inspection and
20        copying:
21                  (i)  chronologically     maintained      arrest
22             information,  such  as  traditional  arrest  logs or
23             blotters;
24                  (ii)  the name of a person in the custody of  a
25             law  enforcement  agency  and  the charges for which
26             that person is being held;
27                  (iii)  court records that are public;
28                  (iv)  records  that  are  otherwise   available
29             under State or local law; or
30                  (v)  records  in  which the requesting party is
31             the individual identified, except as provided  under
32             part  (vii)  of  paragraph  (c) of subsection (1) of
33             this Section.
34             "Criminal history  record  information"  means  data
SB30 Enrolled               -4-      LRB093 03751 DRJ 03785 b
 1        identifiable   to   an   individual   and  consisting  of
 2        descriptions  or  notations   of   arrests,   detentions,
 3        indictments, informations, pre-trial proceedings, trials,
 4        or  other formal events in the criminal justice system or
 5        descriptions or notations of criminal charges  (including
 6        criminal  violations  of  local municipal ordinances) and
 7        the  nature  of  any   disposition   arising   therefrom,
 8        including  sentencing, court or correctional supervision,
 9        rehabilitation and release.  The term does not  apply  to
10        statistical  records and reports in which individuals are
11        not identified and from which their  identities  are  not
12        ascertainable,  or  to  information  that is for criminal
13        investigative or intelligence purposes.
14             (e)  Records that relate to or affect  the  security
15        of correctional institutions and detention facilities.
16             (f)  Preliminary   drafts,  notes,  recommendations,
17        memoranda  and  other  records  in  which  opinions   are
18        expressed,  or policies or actions are formulated, except
19        that a specific record or relevant portion  of  a  record
20        shall not be exempt when the record is publicly cited and
21        identified  by the head of the public body. The exemption
22        provided in this  paragraph  (f)  extends  to  all  those
23        records  of officers and agencies of the General Assembly
24        that pertain to the preparation of legislative documents.
25             (g)  Trade  secrets  and  commercial  or   financial
26        information  obtained from a person or business where the
27        trade secrets or information are proprietary,  privileged
28        or confidential, or where disclosure of the trade secrets
29        or  information may cause competitive harm, including all
30        information determined to be confidential  under  Section
31        4002  of  the Technology Advancement and Development Act.
32        Nothing  contained  in  this  paragraph  (g)   shall   be
33        construed to prevent a person or business from consenting
34        to disclosure.
SB30 Enrolled               -5-      LRB093 03751 DRJ 03785 b
 1             (h)  Proposals  and bids for any contract, grant, or
 2        agreement,  including  information  which  if   it   were
 3        disclosed   would   frustrate   procurement  or  give  an
 4        advantage  to  any  person  proposing  to  enter  into  a
 5        contractor agreement with the body,  until  an  award  or
 6        final  selection is made.  Information prepared by or for
 7        the body in preparation of a bid  solicitation  shall  be
 8        exempt until an award or final selection is made.
 9             (i)  Valuable formulae, computer geographic systems,
10        designs,  drawings and research data obtained or produced
11        by any public body when disclosure  could  reasonably  be
12        expected to produce private gain or public loss.
13             (j)  Test   questions,   scoring   keys   and  other
14        examination  data  used   to   administer   an   academic
15        examination   or  determined  the  qualifications  of  an
16        applicant for a license or employment.
17             (k)  Architects'  plans  and  engineers'   technical
18        submissions  for projects not constructed or developed in
19        whole or in part  with  public  funds  and  for  projects
20        constructed or developed with public funds, to the extent
21        that disclosure would compromise security.
22             (l)  Library    circulation    and   order   records
23        identifying library users with specific materials.
24             (m)  Minutes of meetings of public bodies closed  to
25        the public as provided in the Open Meetings Act until the
26        public  body  makes  the  minutes available to the public
27        under Section 2.06 of the Open Meetings Act.
28             (n)  Communications between a  public  body  and  an
29        attorney  or  auditor  representing  the public body that
30        would not be subject  to  discovery  in  litigation,  and
31        materials prepared or compiled by or for a public body in
32        anticipation  of  a  criminal,  civil  or  administrative
33        proceeding  upon  the request of an attorney advising the
34        public body, and  materials  prepared  or  compiled  with
SB30 Enrolled               -6-      LRB093 03751 DRJ 03785 b
 1        respect to internal audits of public bodies.
 2             (o)  Information  received by a primary or secondary
 3        school, college or university under  its  procedures  for
 4        the  evaluation  of  faculty  members  by  their academic
 5        peers.
 6             (p)  Administrative   or    technical    information
 7        associated  with  automated  data  processing operations,
 8        including  but  not  limited   to   software,   operating
 9        protocols,  computer  program  abstracts,  file  layouts,
10        source  listings,  object  modules,  load  modules,  user
11        guides,  documentation  pertaining  to  all  logical  and
12        physical   design   of   computerized  systems,  employee
13        manuals, and any other information  that,  if  disclosed,
14        would  jeopardize  the security of the system or its data
15        or the security of materials exempt under this Section.
16             (q)  Documents or materials relating  to  collective
17        negotiating  matters  between  public  bodies  and  their
18        employees  or  representatives,  except  that  any  final
19        contract  or agreement shall be subject to inspection and
20        copying.
21             (r)  Drafts, notes,  recommendations  and  memoranda
22        pertaining to the financing and marketing transactions of
23        the  public body. The records of ownership, registration,
24        transfer, and exchange of municipal debt obligations, and
25        of  persons  to  whom  payment  with  respect  to   these
26        obligations is made.
27             (s)  The records, documents and information relating
28        to   real   estate   purchase  negotiations  until  those
29        negotiations have been completed or otherwise terminated.
30        With regard to a parcel involved in a pending or actually
31        and reasonably  contemplated  eminent  domain  proceeding
32        under  Article  VII  of  the  Code  of  Civil  Procedure,
33        records,  documents  and  information  relating  to  that
34        parcel  shall  be  exempt  except as may be allowed under
SB30 Enrolled               -7-      LRB093 03751 DRJ 03785 b
 1        discovery rules adopted by the  Illinois  Supreme  Court.
 2        The records, documents and information relating to a real
 3        estate sale shall be exempt until a sale is consummated.
 4             (t)  Any and all proprietary information and records
 5        related  to  the  operation  of an intergovernmental risk
 6        management association or self-insurance pool or  jointly
 7        self-administered  health  and  accident  cooperative  or
 8        pool.
 9             (u)  Information     concerning    a    university's
10        adjudication  of  student  or   employee   grievance   or
11        disciplinary  cases,  to the extent that disclosure would
12        reveal the  identity  of  the  student  or  employee  and
13        information  concerning any public body's adjudication of
14        student or employee  grievances  or  disciplinary  cases,
15        except for the final outcome of the cases.
16             (v)  Course  materials or research materials used by
17        faculty members.
18             (w)  Information  related  solely  to  the  internal
19        personnel rules and practices of a public body.
20             (x)  Information  contained   in   or   related   to
21        examination, operating, or condition reports prepared by,
22        on behalf of, or for the use of a public body responsible
23        for   the   regulation   or   supervision   of  financial
24        institutions or insurance companies, unless disclosure is
25        otherwise required by State law.
26             (y)  Information  the   disclosure   of   which   is
27        restricted  under  Section  5-108 of the Public Utilities
28        Act.
29             (z)  Manuals or instruction to staff that relate  to
30        establishment  or  collection  of liability for any State
31        tax or that relate to investigations by a public body  to
32        determine violation of any criminal law.
33             (aa)  Applications,  related  documents, and medical
34        records    received    by    the    Experimental    Organ
SB30 Enrolled               -8-      LRB093 03751 DRJ 03785 b
 1        Transplantation  Procedures  Board  and   any   and   all
 2        documents  or  other records prepared by the Experimental
 3        Organ  Transplantation  Procedures  Board  or  its  staff
 4        relating to applications it has received.
 5             (bb)  Insurance or  self  insurance  (including  any
 6        intergovernmental  risk  management  association  or self
 7        insurance  pool)  claims,   loss   or   risk   management
 8        information, records, data, advice or communications.
 9             (cc)  Information and records held by the Department
10        of  Public  Health  and  its  authorized  representatives
11        relating   to   known  or  suspected  cases  of  sexually
12        transmissible disease or any information  the  disclosure
13        of  which  is  restricted  under  the  Illinois  Sexually
14        Transmissible Disease Control Act.
15             (dd)  Information   the   disclosure   of  which  is
16        exempted under Section 30 of the Radon Industry Licensing
17        Act.
18             (ee)  Firm performance evaluations under Section  55
19        of  the  Architectural,  Engineering,  and Land Surveying
20        Qualifications Based Selection Act.
21             (ff)  Security portions  of  system  safety  program
22        plans,  investigation reports, surveys, schedules, lists,
23        data, or information compiled, collected, or prepared  by
24        or   for  the  Regional  Transportation  Authority  under
25        Section 2.11 of the Regional Transportation Authority Act
26        or the  St.  Clair  County  Transit  District  under  the
27        Bi-State Transit Safety Act.
28             (gg)  Information   the   disclosure   of  which  is
29        restricted and exempted under Section 50 of the  Illinois
30        Prepaid Tuition Act.
31             (hh)  Information   the   disclosure   of  which  is
32        exempted under Section 80 of the State Gift Ban Act.
33             (ii)  Beginning July 1, 1999, information that would
34        disclose or might lead to the  disclosure  of  secret  or
SB30 Enrolled               -9-      LRB093 03751 DRJ 03785 b
 1        confidential information, codes, algorithms, programs, or
 2        private  keys intended to be used to create electronic or
 3        digital signatures under the Electronic Commerce Security
 4        Act.
 5             (jj)  Information contained  in  a  local  emergency
 6        energy  plan  submitted  to  a municipality in accordance
 7        with a local emergency  energy  plan  ordinance  that  is
 8        adopted under Section 11-21.5-5 of the Illinois Municipal
 9        Code.
10             (kk)  Information    and    data    concerning   the
11        distribution of surcharge moneys collected  and  remitted
12        by   wireless   carriers  under  the  Wireless  Emergency
13        Telephone Safety Act.
14             (ll)  Law   enforcement    officer    identification
15        information or driver identification information compiled
16        by   a  law  enforcement  agency  or  the  Department  of
17        Transportation  under  Section  11-212  of  the  Illinois
18        Vehicle Code.
19        (2)  This  Section  does  not  authorize  withholding  of
20    information or limit  the  availability  of  records  to  the
21    public,  except  as  stated  in  this  Section  or  otherwise
22    provided in this Act.
23    (Source:  P.A.  91-137,  eff.  7-16-99; 91-357, eff. 7-29-99;
24    91-660, eff. 12-22-99;  92-16,  eff.  6-28-01;  92-241,  eff.
25    8-3-01;  92-281,  eff.  8-7-01; 92-645, eff. 7-11-02; 92-651,
26    eff. 7-11-02.)

27        Section 5.  The Department of State Police Law within the
28    Civil Administrative Code of Illinois is  amended  by  adding
29    Section 2605-85 as follows:

30        (20 ILCS 2605/2605-85 new)
31        Sec.   2605-85.    Training;   cultural  diversity.   The
32    Department shall provide training and continuing education to
SB30 Enrolled               -10-     LRB093 03751 DRJ 03785 b
 1    State  Police   officers   concerning   cultural   diversity,
 2    including  sensitivity  toward racial and ethnic differences.
 3    This training and continuing education shall include, but not
 4    be limited to, an emphasis  on  the  fact  that  the  primary
 5    purpose of enforcement of the Illinois Vehicle Code is safety
 6    and equal and uniform enforcement under the law.

 7        Section  7.  The  State Mandates Act is amended by adding
 8    Section 8.27 as follows:

 9        (30 ILCS 805/8.27 new)
10        Sec. 8.27.  Exempt mandate.  Notwithstanding  Sections  6
11    and  8 of this Act, no reimbursement by the State is required
12    for  the  implementation  of  any  mandate  created  by  this
13    amendatory Act of the 93rd General Assembly.

14        Section 10.  The Illinois Police Training Act is  amended
15    by changing Section 7 as follows:

16        (50 ILCS 705/7) (from Ch. 85, par. 507)
17        Sec. 7. Rules and standards for schools.  The Board shall
18    adopt  rules  and  minimum  standards  for such schools which
19    shall include but not be limited to the following:
20        a.  The curriculum for probationary police officers which
21    shall be offered by all certified schools shall  include  but
22    not  be  limited  to  courses  of arrest, search and seizure,
23    civil rights, human relations, cultural diversity,  including
24    racial  and ethnic sensitivity, criminal law, law of criminal
25    procedure, vehicle and  traffic  law  including  uniform  and
26    non-discriminatory  enforcement of the Illinois Vehicle Code,
27    traffic control and  accident  investigation,  techniques  of
28    obtaining  physical  evidence, court testimonies, statements,
29    reports,    firearms    training,    first-aid     (including
30    cardiopulmonary    resuscitation),   handling   of   juvenile
SB30 Enrolled               -11-     LRB093 03751 DRJ 03785 b
 1    offenders, recognition of  mental  conditions  which  require
 2    immediate  assistance  and  methods  to safeguard and provide
 3    assistance to a person in need of mental  treatment,  law  of
 4    evidence,  the  hazards  of  high-speed police vehicle chases
 5    with an emphasis on alternatives to the high-speed chase, and
 6    physical training.  The  curriculum  shall  include  specific
 7    training   in   techniques  for  immediate  response  to  and
 8    investigation of cases of domestic  violence  and  of  sexual
 9    assault  of adults and children. The curriculum for permanent
10    police officers shall include  but  not  be  limited  to  (1)
11    refresher  and  in-service  training  in  any  of the courses
12    listed above in this subparagraph, (2)  advanced  courses  in
13    any  of  the  subjects listed above in this subparagraph, (3)
14    training  for  supervisory  personnel,  and  (4)  specialized
15    training in subjects and fields to be selected by the board.
16        b.  Minimum courses of study, attendance requirements and
17    equipment requirements.
18        c.  Minimum requirements for instructors.
19        d.  Minimum  basic   training   requirements,   which   a
20    probationary  police  officer  must  satisfactorily  complete
21    before being eligible for permanent employment as a local law
22    enforcement  officer  for  a participating local governmental
23    agency.  Those requirements shall include training  in  first
24    aid (including cardiopulmonary resuscitation).
25        e.  Minimum   basic   training   requirements,   which  a
26    probationary county corrections officer  must  satisfactorily
27    complete  before being eligible for permanent employment as a
28    county  corrections  officer  for   a   participating   local
29    governmental agency.
30        f.  Minimum   basic   training   requirements   which   a
31    probationary   court  security  officer  must  satisfactorily
32    complete before being eligible for permanent employment as  a
33    court security officer for a participating local governmental
34    agency.     The   Board   shall   establish   those  training
SB30 Enrolled               -12-     LRB093 03751 DRJ 03785 b
 1    requirements  which  it  considers  appropriate   for   court
 2    security  officers  and shall certify schools to conduct that
 3    training.
 4        A person hired to serve as a court security officer  must
 5    obtain  from  the Board a certificate (i) attesting to his or
 6    her  successful  completion  of  the  training  course;  (ii)
 7    attesting to his or her satisfactory completion of a training
 8    program of similar content and number of hours that has  been
 9    found  acceptable  by  the Board under the provisions of this
10    Act; or (iii) attesting to the Board's determination that the
11    training  course  is  unnecessary  because  of  the  person's
12    extensive prior law enforcement experience.
13        Individuals  who  currently  serve  as   court   security
14    officers  shall  be  deemed qualified to continue to serve in
15    that capacity so long as they are certified  as  provided  by
16    this  Act  within  24  months  of  the effective date of this
17    amendatory Act of 1996.  Failure to be so certified, absent a
18    waiver from the Board, shall cause the officer to forfeit his
19    or her position.
20        All individuals hired as court security  officers  on  or
21    after the effective date of this amendatory Act of 1996 shall
22    be  certified  within  12  months  of the date of their hire,
23    unless a waiver has been obtained by the Board, or they shall
24    forfeit their positions.
25        The Sheriff's Merit Commission, if  one  exists,  or  the
26    Sheriff's  Office  if there is no Sheriff's Merit Commission,
27    shall maintain a list  of  all  individuals  who  have  filed
28    applications  to  become court security officers and who meet
29    the eligibility  requirements  established  under  this  Act.
30    Either  the  Sheriff's  Merit  Commission,  or  the Sheriff's
31    Office  if  no  Sheriff's  Merit  Commission  exists,   shall
32    establish a schedule of reasonable intervals for verification
33    of  the  applicants'  qualifications  under  this  Act and as
34    established by the Board.
SB30 Enrolled               -13-     LRB093 03751 DRJ 03785 b
 1    (Source: P.A.  88-661,  eff.  1-1-95;  89-685,  eff.  6-1-97;
 2    89-707, eff. 6-1-97.)

 3        Section  15.  The  Illinois  Vehicle  Code  is amended by
 4    adding Section 11-212 as follows:

 5        (625 ILCS 5/11-212 new)
 6        Sec. 11-212.  Traffic stop statistical study.
 7        (a)  From  January  1,  2004  until  December  31,  2007,
 8    whenever a State or local law enforcement  officer  issues  a
 9    uniform  traffic  citation or warning citation for an alleged
10    violation of the Illinois  Vehicle  Code,  he  or  she  shall
11    record at least the following:
12             (1)  the  name,  address,  gender, and the officer's
13        subjective  determination  of  the  race  of  the  person
14        stopped; the person's race shall  be  selected  from  the
15        following  list:  Caucasian,  African-American, Hispanic,
16        Native American/Alaska Native, or Asian/Pacific Islander;
17             (2)  the alleged traffic violation that led  to  the
18        stop of the motorist;
19             (3)  the make and year of the vehicle stopped;
20             (4)  the date and time of the stop;
21             (5)  the location of the traffic stop;
22             (6)  whether  or not a search contemporaneous to the
23        stop was conducted of the vehicle, driver, passenger,  or
24        passengers; and, if so, whether it was with consent or by
25        other means; and
26             (7)  the  name  and  badge  number  of  the  issuing
27        officer.
28        (b)  From  January  1,  2004  until  December  31,  2007,
29    whenever  a  State  or  local law enforcement officer stops a
30    motorist for an alleged violation  of  the  Illinois  Vehicle
31    Code and does not issue a uniform traffic citation or warning
32    citation  for  an  alleged  violation of the Illinois Vehicle
SB30 Enrolled               -14-     LRB093 03751 DRJ 03785 b
 1    Code, he or she shall complete a  uniform  stop  card,  which
 2    includes  field  contact  cards,  or  any other existing form
 3    currently used  by  law  enforcement  containing  information
 4    required  pursuant  to  this  Act,  that records at least the
 5    following:
 6             (1)  the name, address, gender,  and  the  officer's
 7        subjective  determination  of  the  race  of  the  person
 8        stopped;  the  person's  race  shall be selected from the
 9        following list:  Caucasian,  African-American,  Hispanic,
10        Native American/Alaska Native, or Asian/Pacific Islander;
11             (2)  the   reason  that  led  to  the  stop  of  the
12        motorist;
13             (3)  the make and year of the vehicle stopped;
14             (4)  the date and time of the stop;
15             (5)  the location of the traffic stop;
16             (6)  whether or not a search contemporaneous to  the
17        stop  was conducted of the vehicle, driver, passenger, or
18        passengers; and, if so, whether it was with consent or by
19        other means; and
20             (7)  the  name  and  badge  number  of  the  issuing
21        officer.
22        (c)  The  Illinois  Department  of  Transportation  shall
23    provide a standardized law enforcement data compilation  form
24    on its website.
25        (d)  Every  law  enforcement  agency shall, by March 1 in
26    each of the years 2004, 2005, 2006,  and  2007,  compile  the
27    data described in subsections (a) and (b) on the standardized
28    law   enforcement  data  compilation  form  provided  by  the
29    Illinois Department of Transportation and transmit  the  data
30    to the Department.
31        (e)  The  Illinois  Department  of  Transportation  shall
32    analyze   the  data  provided  by  law  enforcement  agencies
33    required by this Section and submit a report of the  findings
34    to   the   Governor,  the  General  Assembly,  and  each  law
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 1    enforcement agency no later than July 1 in each of the  years
 2    2005,  2006,  2007,  and  2008.  The  Illinois  Department of
 3    Transportation may contract with an outside  entity  for  the
 4    analysis   of  the  data  provided.  In  analyzing  the  data
 5    collected under this  Section,  the  analyzing  entity  shall
 6    scrutinize the data for evidence of statistically significant
 7    aberrations.  The  following list, which is illustrative, and
 8    not  exclusive,  contains  examples   of   areas   in   which
 9    statistically significant aberrations may be found:
10             (1)  The   percentage   of   minority   drivers   or
11        passengers being stopped in a given area is substantially
12        higher  than  the proportion of the overall population in
13        or  traveling  through  the  area   that   the   minority
14        constitutes.
15             (2)  A  substantial  number of false stops including
16        stops not resulting in the issuance of a  traffic  ticket
17        or the making of an arrest.
18             (3)  A disparity between the proportion of citations
19        issued  to minorities and proportion of minorities in the
20        population.
21             (4)  A disparity among the officers of the same  law
22        enforcement  agency with regard to the number of minority
23        drivers or passengers being stopped in a given area.
24             (5)  A disparity between the frequency  of  searches
25        performed  on  minority  drivers  and  the  frequency  of
26        searches performed on non-minority drivers.
27        (f)  Any    law    enforcement   officer   identification
28    information or  driver  identification  information  that  is
29    compiled  by  any  law  enforcement  agency  or  the Illinois
30    Department of Transportation pursuant to  this  Act  for  the
31    purposes of fulfilling the requirements of this Section shall
32    be   confidential  and  exempt  from  public  inspection  and
33    copying, as provided  under  Section  7  of  the  Freedom  of
34    Information Act, and the information shall not be transmitted
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 1    to  anyone except as needed to comply with this Section. This
 2    Section shall not exempt those materials that, prior  to  the
 3    effective  date  of  this  amendatory Act of the 93rd General
 4    Assembly, were available under  the  Freedom  of  Information
 5    Act.
 6        (g)  Funding  to  implement  this Section shall come from
 7    federal  highway  safety  funds  available  to  Illinois,  as
 8    directed by the Governor.
 9        (h)  The  Illinois  Department  of   Transportation,   in
10    consultation  with  law  enforcement agencies, officials, and
11    organizations,  including  Illinois  chiefs  of  police,  the
12    Department   of   State   Police,   the   Illinois   Sheriffs
13    Association, and the Chicago Police Department, and community
14    groups  and  other  experts,  shall  undertake  a  study   to
15    determine the best use of technology to collect, compile, and
16    analyze  the  traffic stop statistical study data required by
17    this Section. The Department shall report  its  findings  and
18    recommendations  to  the Governor and the General Assembly by
19    March 1, 2004.

20        Section 99.  Effective date.  This Act takes effect  upon
21    becoming law.