093_HB1472 LRB093 07694 DRH 07879 b 1 AN ACT in relation to criminal statistics and law 2 enforcement. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Attorney General Act is amended by adding 6 Section 4.5 as follows: 7 (15 ILCS 205/4.5 new) 8 Sec. 4.5. Criminal statistics compilation and 9 investigation. Upon the referral of any complaint or report 10 from the Department of State Police to the Attorney General 11 or upon receipt of any other complaint involving disparities 12 in the enforcement of criminal law within the scope of 13 Section 2605-395 of the Department of State Police Law, the 14 Attorney General shall investigate the matter. In connection 15 with the investigation, the Attorney General shall obtain 16 data under paragraph (8) of that Section. The Attorney 17 General shall take any remedial or enforcement measures as 18 the investigation may reveal to be warranted. The Attorney 19 General shall publish an annual report of activities 20 undertaken under this Section. 21 Section 10. The Department of State Police Law of the 22 Civil Administrative Code of Illinois is amended by adding 23 Section 2605-395 as follows: 24 (20 ILCS 2605/2605-395 new) 25 Sec. 2605-395. Compilation of law enforcement 26 statistics. 27 (a) The Department shall have the following duties with 28 respect to the compilation of criminal history record 29 information: -2- LRB093 07694 DRH 07879 b 1 (1) To collect and correlate criminal history 2 record information, including crimes committed, arrests 3 made, dispositions on preliminary hearings, prosecutions, 4 convictions, acquittals, punishment, appeals, together 5 with the age, race or ethnicity, and sex of the offender, 6 and any other information concerning crime and criminals 7 as may appear significant or helpful. To correlate this 8 information with the operations of agencies and 9 institutions charged with the supervision of offenders 10 sentenced to probation, conditional discharge, 11 imprisonment in a penal institution, or periodic 12 imprisonment and to offenders serving a term of parole or 13 mandatory supervised release, so as to show the volume, 14 variety, and tendencies of crime and criminals and the 15 administration of the criminal law in connection with the 16 arrest, trial, sentencing and the terms and conditions of 17 parole and mandatory supervised release of all criminals 18 in this State. 19 (2) To collect, correlate, and maintain the 20 following information regarding traffic law enforcement 21 by every peace officer: 22 (A) the number of drivers stopped for routine 23 traffic enforcement by every peace officer and 24 whether or not a citation or warning was issued; 25 (B) identifying characteristics of the drivers 26 stopped, including the race or ethnicity, 27 approximate age, and sex; 28 (C) the alleged traffic violation that led to 29 the stop; 30 (D) whether or not a search was instituted as 31 a result of the stop; 32 (E) whether or not the vehicle, personal 33 effects, driver, or passenger or passengers were 34 searched, and the race or ethnicity, approximate -3- LRB093 07694 DRH 07879 b 1 age, and sex of each person searched; 2 (F) whether the search was conducted with 3 consent, probable cause, or reasonable suspicion to 4 suspect a crime, including the basis for the request 5 for consent, or the circumstances establishing 6 probable cause or reasonable suspicion; 7 (G) whether or not any contraband was found 8 and the type and amount of any contraband; 9 (H) whether or not any written citation or any 10 oral or written warning was issued as a result of 11 the stop; 12 (I) whether or not an arrest was made as a 13 result of either the stop or the search; 14 (J) whether or not any property was seized, 15 with a description of that property; 16 (K) whether or not the officers making the 17 stop encountered any physical resistance from the 18 driver or passenger or passengers; 19 (L) whether or not the officers making the 20 stop engaged in the use of force against the driver, 21 passenger, or passengers for any reason; 22 (M) whether or not any injuries resulted from 23 the stop; and 24 (N) whether or not the circumstances 25 surrounding the stop were the subject of any 26 investigation, and the results of that 27 investigation. 28 The information required by this paragraph (2) is 29 not required to be collected in connection with 30 roadblocks, vehicle checks, or checkpoints that are 31 consistent with the laws of this State and with the State 32 and federal constitutions, except when those stops result 33 in a warning, search, seizure, arrest, or any of the 34 other activity described in subparagraphs (D) through (N) -4- LRB093 07694 DRH 07879 b 1 of this paragraph (2). 2 (3) To transmit the information so collected to the 3 Center for Public Safety at Northwestern University. 4 (4) Information released under this Section may not 5 reveal the identity of any individual who is stopped. 6 (5) Every law enforcement agency shall collect and 7 transmit to the Department, in such manner and at such 8 times as the Department may require, such data as it 9 requires to enable it to perform its duties under this 10 Section. 11 (6) If the Department receives a complaint 12 regarding improper criminal law enforcement, it shall 13 refer the complaint to the Attorney General for 14 investigation. 15 (7) In connection with any investigation, the 16 Department shall furnish to the Attorney General any and 17 all pertinent information collected, compiled, or 18 analyzed, including raw data, under this Section. 19 (8) Any statistically significant aberrations found 20 by the Department shall be referred to the Attorney 21 General for investigation. 22 (9) From any funds that may be available for these 23 purposes, the Department may make grants to law 24 enforcement agencies to aid them in the performance of 25 duties imposed under paragraph (5) of this subsection 26 (a). 27 (b) The Department shall engage the services of the 28 Center for Public Safety at Northwestern University to make 29 scientific study, analysis, and comparison from the 30 information so collected and correlated with similar 31 information gathered by federal agencies, and to provide the 32 Governor, the Attorney General, and the General Assembly with 33 the information so collected and analyzed annually, or more 34 often if required by the Governor. -5- LRB093 07694 DRH 07879 b 1 (c) In analyzing the data collected under this Section, 2 the Center for Public Safety at Northwestern University shall 3 scrutinize the data for evidence of statistically significant 4 aberrations. The 0.05 level of statistical significance shall 5 be presumed to be evidence of an aberration. The following 6 list, which is illustrative and not exclusive, contains 7 examples of areas in which statistically significant 8 aberrations may be found: 9 (1) the percentage of minority drivers or 10 passengers being stopped in a given area is substantially 11 higher than the proportion of the overall population in 12 or traveling through the area that the minority 13 constitutes; 14 (2) a substantial number of false stops, including 15 stops not resulting in the issuance of a traffic ticket 16 or the making of an arrest; 17 (3) a disparity between the proportion of citations 18 issued to minorities and the proportion of minorities in 19 the population; 20 (4) a disparity among the officers of the same law 21 enforcement agency with regard to the number of minority 22 drivers or passengers being stopped in a given area; and 23 (5) a disparity between the frequency of consent 24 searches performed on minority drivers or passengers and 25 the frequency of consent searches performed on 26 non-minority drivers or passengers. 27 Section 99. Effective date. This Act takes effect upon 28 becoming law.