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.