Bill Status of HB 361   93rd General Assembly

Short Description:  VEH CD-RACIAL PROFILING

House Sponsors
Rep. Monique D. Davis-Michael J. Madigan-Barbara Flynn Currie-Arthur L. Turner-Harry Osterman, Kevin Joyce, Eddie Washington, Charles E. Jefferson, Karen A. Yarbrough, Calvin L. Giles, Patricia Bailey, Kenneth Dunkin, Lovana Jones, Steve Davis, David E. Miller, Lou Lang, Robert Rita, Mary E. Flowers, William Davis, Annazette Collins, Cynthia Soto, Marlow H. Colvin, Jay C. Hoffman, Mike Boland, Sandra M. Pihos, Mark H. Beaubien, Jr., George Scully, Jr., Jack D. Franks and Paul D. Froehlich

Senate Sponsors
(Sen. Barack Obama-Rickey R. Hendon, Kirk W. Dillard-Mattie Hunter and Emil Jones, Jr.)


Last Action  View All Actions

DateChamber Action
  11/6/2003HouseTotal Veto Stands - No Positive Action Taken

Statutes Amended In Order of Appearance
625 ILCS 5/16-108 new

Synopsis As Introduced
Amends the Illinois Vehicle Code. Provides that, until January 1, 2006, whenever a peace officer stops a vehicle for a traffic violation, the officer shall record and report racial, age, and gender information on the individual stopped and the reasons for and the results of the stop. Provides that each law enforcement agency shall compile the required data and submit the data in an annual report to the Secretary of State. Provides that the Secretary of State shall analyze the data and submit a report of his findings to the General Assembly. Provides that the annual reports to the Secretary of State must be submitted no later than March 1 in 2005 and 2006. Provides that the Secretary of State's annual reports of findings must be submitted no later than June 1 in 2005 and 2006. Provides that law enforcement agencies shall adopt policies that discourage race-based traffic stops. Provides that the Governor may direct the Comptroller and the State Treasurer to withhold State funds appropriated to a law enforcement agency that fails to comply with these requirements. Effective January 1, 2004.

House Amendment No. 1
Deletes everything. Reinserts most of the provisions of the original bill. Provides that the study shall take place from January 1, 2004 through December 31, 2007. Provides that the Illinois Department of Transportation (rather than the Secretary of State) shall analyze the reports of law enforcement agencies required by the provision and submit a report of the findings to the Governor and each law enforcement agency (as well as the General Assembly) no later than March 1, 2005, March 1, 2006, March 1, 2007, and March 1, 2008. Provides that the Illinois Department of Transportation may contract with an outside entity for the analyzing of the data provided.

House Amendment No. 2
Deletes reference to:
626 ILCS 5/16-108 new
Adds reference to:
625 ILCS 5/16-109 new

Makes technical changes.

House Amendment No. 3
Deletes reference to:
625 ILCS 5/16-109 new
Adds reference to:
5 ILCS 140/7from Ch. 116, par. 207
20 ILCS 2605/2605-85 new
30 ILCS 805/8.27 new
50 ILCS 705/7from Ch. 85, par. 507
625 ILCS 5/11-212 new

Deletes everything. Amends the Freedom of Information Act, the Department of State Police Law within the Civil Administrative Code of Illinois, the Illinois Police Training Act, the State Mandates Act, and the Illinois Vehicle Code. Requires the Department of State Police to provide training to State Police officers concerning sensitivity toward racial and ethnic differences. Requires the Illinois Law Enforcement Training Standards Board to provide for similar training for probationary police officers. Provides for a 4-year traffic stop statistical study based on information that must be recorded on the face of a uniform traffic citation, warning citation, or uniform stop card by State and local law enforcement officers. Provides that law enforcement officer identification information or driver identification information compiled pursuant to the study is exempt from inspection and copying under the Freedom of Information Act. Provides that no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act. Effective immediately.

House Amendment No. 4
Amends the Illinois Vehicle Code. Provides that the citation shall show the law enforcement officer's race (as well as his or her name and badge number).

Senate Floor Amendment No. 1
Provides that the Department of Transportation shall provide a standardized law enforcement data compilation sheet on its website. Provides that every law enforcement agency shall enter the required data on the Department's website by March 1 of the years 2004, 2005, 2006, and 2007. Provides that the Department shall report its findings no later than July 1 (rather than March 1) in each of the years 2005, 2006, 2007, and 2008. Requires the Department, in consultation with certain law enforcement agencies, officials, and organizations and community groups and other experts, to undertake a study to determine the best use of technology to collect, compile, and analyze the traffic stop statistical study data, and requires a report by March 1, 2004.

Actions 
DateChamber Action
  1/28/2003HouseFiled with the Clerk by Rep. Monique D. Davis
  1/28/2003HouseChief Sponsor Changed to Rep. Monique D. Davis
  1/29/2003HouseFirst Reading
  1/29/2003HouseReferred to Rules Committee
  1/30/2003HouseAssigned to Executive Committee
  1/30/2003HouseAdded Chief Co-Sponsor Rep. Harry Osterman
  1/30/2003HouseAdded Chief Co-Sponsor Rep. Barbara Flynn Currie
  2/5/2003HouseAdded Chief Co-Sponsor Rep. Lou Lang
  2/5/2003HouseAdded Chief Co-Sponsor Rep. Robert Rita
  2/5/2003HouseAdded Co-Sponsor Rep. Kevin Joyce
  2/19/2003HouseAdded Co-Sponsor Rep. Eddie Washington
  2/21/2003HouseAdded Co-Sponsor Rep. Charles E. Jefferson
  2/27/2003HouseAdded Co-Sponsor Rep. Karen A. Yarbrough
  2/27/2003HouseAdded Co-Sponsor Rep. Annazette Collins
  2/27/2003HouseAdded Co-Sponsor Rep. Calvin L. Giles
  2/27/2003HouseAdded Co-Sponsor Rep. Patricia Bailey
  2/27/2003HouseAdded Co-Sponsor Rep. Kenneth Dunkin
  2/27/2003HouseAdded Co-Sponsor Rep. Lovana Jones
  2/27/2003HouseAdded Co-Sponsor Rep. Steve Davis
  2/27/2003HouseAdded Co-Sponsor Rep. David E. Miller
  2/28/2003HouseRe-assigned to Transportation and Motor Vehicles Committee
  2/28/2003HouseAdded Co-Sponsor Rep. Lou Lang
  2/28/2003HouseAdded Chief Co-Sponsor Rep. Arthur L. Turner
  2/28/2003HouseAdded Co-Sponsor Rep. Robert Rita
  2/28/2003HouseAdded Co-Sponsor Rep. Mary E. Flowers
  2/28/2003HouseAdded Co-Sponsor Rep. William Davis
  2/28/2003HouseAdded Co-Sponsor Rep. Annazette Collins
  2/28/2003HouseAdded Co-Sponsor Rep. Cynthia Soto
  2/28/2003HouseAdded Co-Sponsor Rep. Marlow H. Colvin
  2/28/2003HouseAdded Co-Sponsor Rep. Jay C. Hoffman
  3/3/2003HouseAdded Chief Co-Sponsor Rep. Michael J. Madigan
  3/12/2003HouseHouse Amendment No. 1 Filed with Clerk by Transportation and Motor Vehicles Committee
  3/12/2003HouseHouse Amendment No. 1 Adopted in Transportation and Motor Vehicles Committee; by Voice Vote
  3/12/2003HouseDo Pass as Amended / Short Debate Transportation and Motor Vehicles Committee; 013-004-002
  3/12/2003HousePlaced on Calendar 2nd Reading - Short Debate
  3/18/2003HouseHouse Amendment No. 2 Filed with Clerk by Rep. Monique D. Davis
  3/18/2003HouseHouse Amendment No. 2 Referred to Rules Committee
  3/18/2003HouseAdded Co-Sponsor Rep. Mike Boland
  3/21/2003HouseAdded Co-Sponsor Rep. Sandra M. Pihos
  3/25/2003HouseHouse Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000
  3/25/2003HouseHouse Amendment No. 3 Filed with Clerk by Rep. Monique D. Davis
  3/25/2003HouseHouse Amendment No. 3 Referred to Rules Committee
  3/28/2003HouseHouse Amendment No. 4 Filed with Clerk by Rep. Monique D. Davis
  3/28/2003HouseHouse Amendment No. 4 Referred to Rules Committee
  3/31/2003HouseHouse Amendment No. 3 Recommends Be Adopted Rules Committee; 004-000-000
  3/31/2003HouseHouse Amendment No. 4 Recommends Be Adopted Rules Committee; 004-000-000
  3/31/2003HouseSecond Reading - Short Debate
  3/31/2003HouseHouse Amendment No. 2 Adopted by Voice Vote
  3/31/2003HouseHouse Amendment No. 3 Adopted by Voice Vote
  3/31/2003HouseHouse Amendment No. 4 Adopted by Voice Vote
  3/31/2003HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/1/2003HouseAdded Co-Sponsor Rep. Mark H. Beaubien, Jr.
  4/2/2003HouseAdded Co-Sponsor Rep. George Scully, Jr.
  4/2/2003HouseAdded Co-Sponsor Rep. Jack D. Franks
  4/2/2003HouseAdded Co-Sponsor Rep. Paul D. Froehlich
  4/2/2003HouseThird Reading - Short Debate - Passed 080-028-009
  4/2/2003SenateArrive in Senate
  4/2/2003SenatePlaced on Calendar Order of First Reading April 3, 2003
  4/3/2003SenateChief Senate Sponsor Sen. Barack Obama
  4/3/2003SenateFirst Reading
  4/3/2003SenateReferred to Rules
  4/3/2003SenateAdded as Alternate Chief Co-Sponsor Sen. Rickey R. Hendon
  4/10/2003SenateAssigned to Judiciary
  4/30/2003SenateAdded as Alternate Co-Sponsor Sen. Kirk W. Dillard
  5/1/2003SenateDo Pass Judiciary; 010-000-000
  5/1/2003SenatePlaced on Calendar Order of 2nd Reading May 6, 2003
  5/1/2003SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Barack Obama
  5/1/2003SenateSenate Floor Amendment No. 1 Referred to Rules
  5/7/2003SenateSenate Floor Amendment No. 1 Rules Refers to Judiciary
  5/8/2003SenateSenate Floor Amendment No. 1 Be Approved for Consideration Judiciary; 010-000-000
  5/9/2003SenateSecond Reading
  5/9/2003SenateSenate Floor Amendment No. 1 Adopted; Obama
  5/9/2003SenatePlaced on Calendar Order of 3rd Reading May 12, 2003
  5/15/2003SenateAdded as Alternate Chief Co-Sponsor Sen. Mattie Hunter
  5/15/2003SenateAdded as Alternate Co-Sponsor Sen. Emil Jones, Jr.
  5/15/2003SenateThird Reading - Passed; 058-000-000
  5/15/2003HouseArrived in House
  5/15/2003HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/16/2003HouseSenate Floor Amendment No. 1 Motion Filed Concur Rep. Monique D. Davis; Motion #1
  5/16/2003HouseSenate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/20/2003HouseSenate Floor Amendment No. 1 Motion to Concur Recommends be Adopted Rules Committee; 003-002-000
  5/21/2003HouseSenate Floor Amendment No. 1 House Concurs 113-004-000
  5/21/2003HousePassed Both Houses
  6/19/2003HouseSent to the Governor
  8/14/2003HouseGovernor Vetoed
  10/23/2003HousePlaced on Calendar Total Veto November 4, 2003
  11/6/2003HouseTotal Veto Stands - No Positive Action Taken

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