Public Act 93-0209

SB30 Enrolled                        LRB093 03751 DRJ 03785 b

    AN ACT concerning law enforcement, amending named Acts.

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

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

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

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

    (20 ILCS 2605/2605-85 new)
    Sec.  2605-85.   Training;   cultural   diversity.    The
Department shall provide training and continuing education to
State   Police   officers   concerning   cultural  diversity,
including sensitivity toward racial and  ethnic  differences.
This training and continuing education shall include, but not
be  limited  to,  an  emphasis  on  the fact that the primary
purpose of enforcement of the Illinois Vehicle Code is safety
and equal and uniform enforcement under the law.

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

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

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

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

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

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

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