Public Act 098-0686
 
HB4442 EnrolledLRB098 17035 MLW 52119 b


  
    AN ACT concerning transportation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Illinois Vehicle Code is amended  by changing 
Section 11-212 as follows:
 
 

    (625 ILCS 5/11-212)

 
    (Section scheduled to be repealed on July 1, 2015)
  
    Sec. 11-212. Traffic stop statistical study. 

    (a) 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:
American Indian or Alaska Native, Asian, Black or 
    African American, Hispanic or Latino, Native Hawaiian or 
    Other Pacific Islander, or White;


        (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;
        (6.2) whether or not a police dog performed a sniff of 
    the vehicle; and, if so, whether or not the dog alerted to 
    the presence of contraband; and, if so, whether or not an 
    officer searched the vehicle; and, if so, whether or not 
    contraband was discovered; and, if so, the type and amount 
    of contraband; 
        (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 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:
American Indian or Alaska Native, Asian, Black or 
    African American, Hispanic or Latino, Native Hawaiian or 
    Other Pacific Islander, or White;


        (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;
        (6.2) whether or not a police dog performed a sniff of 
    the vehicle; and, if so, whether or not the dog alerted to 
    the presence of contraband; and, if so, whether or not an 
    officer searched the vehicle; and, if so, whether or not 
    contraband was discovered; and, if so, the type and amount 
    of contraband; 
        (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, 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. 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. This subsection 
(f) shall not preclude law enforcement agencies from reviewing 
data to perform internal reviews.


    (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.
    (h-5) 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) "White" means a person having origins in any of the 
    original peoples of Europe, the Middle East, or North 
    Africa.
    (i) This Section is repealed on July 1, 2019 2015.

(Source: P.A. 96-658, eff. 1-1-10; 97-396, eff. 1-1-12; 97-469, 
eff. 7-1-12; 97-813, eff. 7-13-12.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.