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Rep. Eddie Washington
Filed: 3/1/2006
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09400HB4948ham003 |
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LRB094 18292 HLH 56888 a |
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| AMENDMENT TO HOUSE BILL 4948
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| AMENDMENT NO. ______. Amend House Bill 4948, AS AMENDED, by |
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| replacing everything after the enacting clause with the |
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| following:
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| "Section 5. The Illinois Vehicle Code is amended by |
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| changing Section 11-212 as follows:
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| (625 ILCS 5/11-212)
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| Sec. 11-212. Traffic stop statistical study.
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| (a) From January 1, 2004 until December 31, 2007,
whenever |
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| a State or local law enforcement officer issues a
uniform |
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| traffic citation or warning citation for an alleged
violation |
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| of the Illinois Vehicle Code, he or she shall
record at least |
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| the following:
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| (1) the name, address, gender, and
the officer's |
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| subjective determination of the race of
the person
stopped; |
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| the person's race shall be selected from the following |
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| list:
Caucasian, African-American, Hispanic, Native
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| American/Alaska Native,
or Asian/Pacific Islander;
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| (2) the alleged traffic violation that led to the
stop |
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| of the motorist;
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| (3) the make and year of the vehicle
stopped;
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| (4) the date and time of the stop;
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| (5) the location of the traffic stop;
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| (6) whether or not a search contemporaneous to the stop |
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09400HB4948ham003 |
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LRB094 18292 HLH 56888 a |
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| was conducted of
the
vehicle, driver, passenger, or |
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| passengers; and, if so, whether it was with
consent or by |
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| other means; and
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| (7) the name and badge number of the issuing officer.
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| (b) From January 1, 2004 until December 31, 2007,
whenever |
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| a State or local law enforcement officer stops a
motorist for |
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| an alleged violation of the Illinois Vehicle Code
and does not |
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| issue a uniform traffic citation or
warning citation for an |
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| alleged violation of the Illinois
Vehicle Code, he or she shall |
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| complete a uniform stop card, which includes
field
contact |
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| cards, or any other existing form currently used by law |
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| enforcement
containing
information required pursuant to this |
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| Act,
that records
at least the following:
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| (1) the name, address, gender,
and
the officer's |
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| subjective determination of the race of the person
stopped; |
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| the person's race shall be selected from the following |
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| list:
Caucasian, African-American, Hispanic, Native
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| American/Alaska
Native, or Asian/Pacific Islander;
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| (2) the reason that led to the stop of the
motorist;
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| (3) the make and year of the vehicle
stopped;
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| (4) the date and time of the stop;
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| (5) the location of the traffic stop;
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| (6) whether or not a search contemporaneous to the stop |
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| was conducted of
the
vehicle, driver, passenger, or |
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| passengers; and, if so, whether it was with
consent or by |
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| other means; and
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| (7) the name and badge number of the issuing
officer.
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| (c) The Illinois Department of Transportation shall |
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| provide a
standardized law
enforcement data compilation form on |
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| its website.
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| (d) Every law enforcement agency shall, by March 1 in each |
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| of the years
2004,
2005, 2006, and 2007, compile the data |
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| described in subsections (a) and (b) on
the
standardized law |
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| enforcement data compilation form provided by the Illinois
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09400HB4948ham003 |
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LRB094 18292 HLH 56888 a |
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| Department
of Transportation and transmit the data to the |
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| Department. If a local law enforcement agency neglects or fails |
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| to transmit its data in a timely manner or neglects or fails to |
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| accurately compile and submit data, then the Department of |
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| Transportation shall withhold 1% of the motor fuel tax revenue |
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| otherwise distributed monthly under 35 ILCS 505/8(e) to the |
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| municipality or county of which the local law enforcement |
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| agency is a part, but only if the local law enforcement agency |
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| is under the jurisdiction and control of the municipality or |
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| county, until such time as the Department of Transportation is |
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| satisfied that the report has been accurately complied and |
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| submitted. The Department of Transportation shall adopt any |
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| rules as may be necessary to implement the withholding and |
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| subsequent release of motor fuel tax distributions as |
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| authorized under this Section.
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| (e) The Illinois Department of Transportation shall |
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| analyze the data
provided
by law
enforcement agencies required |
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| by this Section and submit a report of the
findings to the
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| Governor, the General Assembly, and each law enforcement agency |
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| no later than
July 1
in each of the years 2005, 2006, 2007, and |
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| 2008. The Illinois Department of
Transportation may contract |
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| with
an outside entity for the analysis of the data provided. |
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| In analyzing the data
collected
under this Section, the |
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| analyzing entity shall scrutinize the data for evidence
of |
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| statistically
significant aberrations. The following list, |
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| which
is illustrative, and not exclusive, contains examples of |
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| areas in which
statistically
significant aberrations may be |
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| found:
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| (1) The percentage of minority drivers or passengers |
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| being stopped in a
given
area
is substantially higher than |
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| the proportion of the overall population in or
traveling
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| through the area that the minority constitutes.
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| (2) A substantial number of false stops including stops |
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| not resulting in
the
issuance of a traffic ticket or the |
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LRB094 18292 HLH 56888 a |
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| making of an arrest.
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| (3) A disparity between the proportion of citations |
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| issued to minorities
and
proportion of minorities in the |
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| population.
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| (4) A disparity among the officers of the same law |
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| enforcement agency with
regard to the number of minority |
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| drivers or passengers being stopped in a given
area.
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| (5) A disparity between the frequency of searches |
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| performed on minority
drivers
and the frequency of searches |
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| performed on non-minority drivers.
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| (f) Any law enforcement officer identification information |
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| or driver
identification information
that is
compiled by any |
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| law enforcement agency or the Illinois Department of
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| Transportation
pursuant to this Act for
the purposes of |
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| fulfilling the requirements of this Section shall be
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| confidential and exempt
from
public inspection and copying, as |
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| provided under Section 7 of the Freedom of
Information
Act,
and |
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| the information shall not be transmitted to anyone except as |
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| needed to
comply with
this Section. This Section shall not |
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| exempt those materials that, prior to the
effective date of |
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| this
amendatory Act of the 93rd General Assembly, were |
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| available under the Freedom
of
Information Act.
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| (g) Funding to implement this Section shall come from |
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| federal highway
safety
funds available to Illinois, as directed |
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| by the Governor.
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| (h) The Illinois Department of Transportation, in |
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| consultation with
law enforcement agencies, officials, and |
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| organizations, including Illinois
chiefs of police,
the |
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| Department of State Police, the Illinois Sheriffs Association, |
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| and the
Chicago Police
Department, and community groups and |
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| other experts, shall undertake a study to
determine the best |
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| use of technology to collect, compile, and analyze the
traffic |
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| stop
statistical study data required by this Section. The |
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| Department shall report
its findings
and recommendations to the |