Public Act 094-0997
 
SB2368 Enrolled LRB094 17976 DRH 53279 b

    AN ACT concerning transportation.
 
    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 Racial
Profiling Prevention and Data Oversight Act.
 
    Section 5. Legislative purpose. The purpose of this Act is
to identify and address bias-based policing through the
monitoring, review, and improvement of the collection of racial
profiling information collected under the Illinois Traffic
Stop Statistical Study. Through this data collection and
review, a more accurate understanding of this problem can be
obtained, thus allowing the concerns of the motoring public to
be better addressed, resources such as specialized training to
be provided, the honest efforts of Illinois' law enforcement
professionals to be demonstrated, and the civil rights of all
Illinois citizens to be protected.
 
    Section 10. Definitions. As used in this Act:
    (a) "Oversight Board" means the Racial Profiling
Prevention and Data Oversight Board established under this Act.
    (b) "Department" means the Illinois Department of
Transportation.
    (c) "Traffic Stop Statistical Study Act" means Section
11-212 of the Illinois Vehicle Code.
 
    Section 15. Oversight Board.
    (a) There is created within the Department a Racial
Profiling Prevention and Data Oversight Board, consisting of 15
members, which shall independently exercise its powers,
duties, and responsibilities. The Board shall have the
authority to allow additional participation from various
groups that the Board deems necessary for additional input.
    (b) The membership of the Oversight Board shall consist of:
        (1) 4 legislators appointed by the General Assembly
    leadership equally apportioned between the 2 houses and
    political parties;
        (2) the Attorney General or his or her designee;
        (3) the Secretary of the Illinois Department of
    Transportation or his or her designee;
        (4) the Director of the Illinois State Police or his or
    her designee;
        (5) 3 members of county or city law enforcement
    agencies, representing jurisdictions of varied size and
    geography, appointed by the Governor;
        (6) 4 members of community organizations representing
    minority interests, appointed by the Governor; and
        (7) one member of the Illinois academic community with
    specific expertise in both statistical analysis and law
    enforcement, appointed by the Governor.
    (c) All members shall serve 2 years and until their
successors are appointed. Members may be reappointed for an
unlimited number of terms. The Oversight Board shall meet at
least quarterly.
 
    Section 20. Chairpersons. From the membership of the
Board, the Governor shall designate the chair and vice chair,
who shall serve at the discretion of the Governor. Chairpersons
shall serve in that capacity for a term not to exceed 2 years.
 
    Section 25. Funding. Funding to implement this Act shall be
appropriated by the General Assembly to the Department.
 
    Section 30. Compensation. Members of the Oversight Board
shall serve without compensation. Members may be reimbursed by
the Department for reasonable expenses incurred in connection
with their duties.
 
    Section 35. Staffing. The Secretary of the Department shall
employ or assign, in accordance with the provisions of the
Illinois Personnel Code, the administrative, professional,
clerical, and other personnel required and may organize his or
her staff as may be appropriate to effectuate the purposes,
powers, duties, and responsibilities contained in this Act.
 
    Section 40. Powers and Duties of the Oversight Board. The
Oversight Board shall have the following powers, duties, and
responsibilities:
    (a) To operate purely as an advisory body. Any changes to
rules and policy promoted by the Oversight Board are only
recommendations, which may be reported to the Governor, the
Secretary of State, and the General Assembly or to appropriate
law enforcement agencies.
    (b) To coordinate the development, adoption, and
implementation of plans and strategies to eliminate racial
profiling in Illinois and to coordinate the development,
adoption, and implementation of plans and strategies to create
public awareness programs in minority communities, designed to
educate individuals regarding racial profiling and their civil
rights.
    (c) To promulgate model policies for police agencies that
are designed to protect individuals' civil rights related to
police traffic enforcement and to recommend to law enforcement
agencies model rules as may be necessary to effectuate training
regarding data collection and mechanisms to engage those
agencies who willfully fail to comply with the requirements of
the Traffic Stop Statistical Study Act.
    (d) To study and to issue reports and recommendations to
the Governor, the Secretary of State, and the General Assembly
regarding the following subjects by the following dates:
        (1) no later than July 1, 2008, regarding strategies to
    improve the benchmark data available to identify the race,
    ethnicity, and geographical residence of the Illinois
    driving population, beginning on August 1, 2008, with the
    collection of race and ethnicity data on new and renewal
    applicants for driver's licenses. This data shall be
    available for statistical benchmark comparison purposes
    only;
        (2) no later than January 1, 2009, regarding data
    collection requirements with respect to additional race
    and ethnicity categories to be added to the traffic stop
    statistical study in order to improve data collection among
    unreported and under-reported minority populations. The
    Board shall study, and recommend if required, at a minimum,
    data collection strategies, categories, and benchmarks for
    persons of Middle-Eastern origin. The Board shall also
    study stops lasting over 30 minutes and define categorical
    reasons for the extended stops;
        (3) no later than July 1, 2009, regarding technological
    solutions to aid in the identification, elimination, and
    prevention of racial profiling and to recommend funding
    sources for statewide implementation of the technological
    solutions;
        (4) no later than January 1, 2010, regarding whether
    Illinois should continue the mandatory data collection
    required under this Act, as well as the best practices of
    data collection as related to the identification,
    elimination, and prevention of bias-based policing; and
        (5) on or before April 1 of each year, regarding the
    Oversight Board's activities during the previous fiscal
    year.
 
    Section 90. The Illinois Vehicle Code is amended by
changing Section 11-212 as follows:
 
    (625 ILCS 5/11-212)
    Sec. 11-212. Traffic stop statistical study.
    (a) Whenever 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, beginning when the
    vehicle was stopped and ending when the driver is free to
    leave or taken into physical custody;
        (5) the location of the traffic stop;
        (5.5) whether or not a consent search contemporaneous
    to the stop was requested of the vehicle, driver,
    passenger, or passengers; and, if so, whether consent was
    given or denied;
        (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
        (6.5) whether or not contraband was found during a
    search; and, if so, the type and amount of contraband
    seized; and
        (7) the name and badge number of the issuing officer.
    (b) Whenever 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, beginning when the
    vehicle was stopped and ending when the driver is free to
    leave or taken into physical custody;
        (5) the location of the traffic stop;
        (5.5) whether or not a consent search contemporaneous
    to the stop was requested of the vehicle, driver,
    passenger, or passengers; and, if so, whether consent was
    given or denied;
        (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
        (6.5) whether or not contraband was found during a
    search; and, if so, the type and amount of contraband
    seized; 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 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 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 previous year's
findings to the Governor, the General Assembly, the Racial
Profiling Prevention and Data Oversight Board, and each law
enforcement agency no later than July 1 of each year 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.
    (i) This Section is repealed on July 1, 2010.
(Source: P.A. 93-209, eff. 7-18-03.)
 
    Section 99. Effective date. This Act takes effect January
1, 2007, except that the Racial Profiling Prevention and Data
Oversight Act takes effect January 1, 2008.

Effective Date: 1/1/2008