HB0648eng 96TH GENERAL ASSEMBLY



 


 
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1     AN ACT concerning transportation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Vehicle Code is amended by changing
5 Section 11-212 as follows:
 
6     (625 ILCS 5/11-212)
7     (Section scheduled to be repealed on July 1, 2010)
8     Sec. 11-212. Traffic stop statistical study.
9     (a) Whenever a State or local law enforcement officer
10 issues a uniform traffic citation or warning citation for an
11 alleged violation of the Illinois Vehicle Code, he or she shall
12 record at least the following:
13         (1) the name, address, gender, and the officer's
14     subjective determination of the race of the person stopped;
15     the person's race shall be selected from the following
16     list: Caucasian, African-American, Hispanic, Native
17     American/Alaska Native, or Asian/Pacific Islander;
18         (2) the alleged traffic violation that led to the stop
19     of the motorist;
20         (3) the make and year of the vehicle stopped;
21         (4) the date and time of the stop, beginning when the
22     vehicle was stopped and ending when the driver is free to
23     leave or taken into physical custody;

 

 

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1         (5) the location of the traffic stop;
2         (5.5) whether or not a consent search contemporaneous
3     to the stop was requested of the vehicle, driver,
4     passenger, or passengers; and, if so, whether consent was
5     given or denied;
6         (6) whether or not a search contemporaneous to the stop
7     was conducted of the vehicle, driver, passenger, or
8     passengers; and, if so, whether it was with consent or by
9     other means;
10         (6.5) whether or not contraband was found during a
11     search; and, if so, the type and amount of contraband
12     seized; and
13         (7) the name and badge number of the issuing officer.
14     (b) Whenever a State or local law enforcement officer stops
15 a motorist for an alleged violation of the Illinois Vehicle
16 Code and does not issue a uniform traffic citation or warning
17 citation for an alleged violation of the Illinois Vehicle Code,
18 he or she shall complete a uniform stop card, which includes
19 field contact cards, or any other existing form currently used
20 by law enforcement containing information required pursuant to
21 this Act, that records at least the following:
22         (1) the name, address, gender, and the officer's
23     subjective determination of the race of the person stopped;
24     the person's race shall be selected from the following
25     list: Caucasian, African-American, Hispanic, Native
26     American/Alaska Native, or Asian/Pacific Islander;

 

 

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1         (2) the reason that led to the stop of the motorist;
2         (3) the make and year of the vehicle stopped;
3         (4) the date and time of the stop, beginning when the
4     vehicle was stopped and ending when the driver is free to
5     leave or taken into physical custody;
6         (5) the location of the traffic stop;
7         (5.5) whether or not a consent search contemporaneous
8     to the stop was requested of the vehicle, driver,
9     passenger, or passengers; and, if so, whether consent was
10     given or denied;
11         (6) whether or not a search contemporaneous to the stop
12     was conducted of the vehicle, driver, passenger, or
13     passengers; and, if so, whether it was with consent or by
14     other means;
15         (6.5) whether or not contraband was found during a
16     search; and, if so, the type and amount of contraband
17     seized; and
18         (7) the name and badge number of the issuing officer.
19     (c) The Illinois Department of Transportation shall
20 provide a standardized law enforcement data compilation form on
21 its website.
22     (d) Every law enforcement agency shall, by March 1 with
23 regard to data collected during July through December of the
24 previous calendar year and by August 1 with regard to data
25 collected during January through June of the current calendar
26 year, compile the data described in subsections (a) and (b) on

 

 

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1 the standardized law enforcement data compilation form
2 provided by the Illinois Department of Transportation and
3 transmit the data to the Department.
4     (e) The Illinois Department of Transportation shall
5 analyze the data provided by law enforcement agencies required
6 by this Section and submit a report of the previous year's
7 findings to the Governor, the General Assembly, the Racial
8 Profiling Prevention and Data Oversight Board, and each law
9 enforcement agency no later than July 1 of each year. The
10 Illinois Department of Transportation may contract with an
11 outside entity for the analysis of the data provided. In
12 analyzing the data collected under this Section, the analyzing
13 entity shall scrutinize the data for evidence of statistically
14 significant aberrations. The following list, which is
15 illustrative, and not exclusive, contains examples of areas in
16 which statistically significant aberrations may be found:
17         (1) The percentage of minority drivers or passengers
18     being stopped in a given area is substantially higher than
19     the proportion of the overall population in or traveling
20     through the area that the minority constitutes.
21         (2) A substantial number of false stops including stops
22     not resulting in the issuance of a traffic ticket or the
23     making of an arrest.
24         (3) A disparity between the proportion of citations
25     issued to minorities and proportion of minorities in the
26     population.

 

 

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1         (4) A disparity among the officers of the same law
2     enforcement agency with regard to the number of minority
3     drivers or passengers being stopped in a given area.
4         (5) A disparity between the frequency of searches
5     performed on minority drivers and the frequency of searches
6     performed on non-minority drivers.
7     (f) Any law enforcement officer identification information
8 or driver identification information that is compiled by any
9 law enforcement agency or the Illinois Department of
10 Transportation pursuant to this Act for the purposes of
11 fulfilling the requirements of this Section shall be
12 confidential and exempt from public inspection and copying, as
13 provided under Section 7 of the Freedom of Information Act, and
14 the information shall not be transmitted to anyone except as
15 needed to comply with this Section. This Section shall not
16 exempt those materials that, prior to the effective date of
17 this amendatory Act of the 93rd General Assembly, were
18 available under the Freedom of Information Act. This subsection
19 (f) shall not preclude law enforcement agencies from reviewing
20 data to perform internal reviews.
21     (g) Funding to implement this Section shall come from
22 federal highway safety funds available to Illinois, as directed
23 by the Governor.
24     (h) The Illinois Department of Transportation, in
25 consultation with law enforcement agencies, officials, and
26 organizations, including Illinois chiefs of police, the

 

 

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1 Department of State Police, the Illinois Sheriffs Association,
2 and the Chicago Police Department, and community groups and
3 other experts, shall undertake a study to determine the best
4 use of technology to collect, compile, and analyze the traffic
5 stop statistical study data required by this Section. The
6 Department shall report its findings and recommendations to the
7 Governor and the General Assembly by March 1, 2004.
8     (i) This Section is repealed on July 1, 2020 2010.
9 (Source: P.A. 94-997, eff. 1-1-07; 95-290, eff. 8-20-07.)