SB2368eng 94TH GENERAL ASSEMBLY

SB2368 Engrossed LRB094 17976 DRH 53279 b

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Racial Profiling Prevention and Data Oversight Act.

Section 5. Legislative purpose. The purpose of this Act is to identify and address bias-based policing through the monitoring, review, and improvement of the collection of racial profiling information collected under the Illinois Traffic Stop Statistical Study. Through this data collection and review, a more accurate understanding of this problem can be obtained, thus allowing the concerns of the motoring public to be better addressed, resources such as specialized training to be provided, the honest efforts of Illinois' law enforcement professionals to be demonstrated, and the civil rights of all Illinois citizens to be protected.

Section 10. Definitions. As used in this Act:

(a) "Oversight Board" means the Racial Profiling Prevention and Data Oversight Board established under this Act.

(b) "Department" means the Illinois Department of Transportation.

(c) "Traffic Stop Statistical Study Act" means Section 11-212 of the Illinois Vehicle Code.

Section 15. Oversight Board.

(a) There is created within the Department a Racial Profiling Prevention and Data Oversight Board, consisting of 28 members, which shall independently exercise its powers, duties, and responsibilities. The Board shall have the authority to allow additional participation from various groups that the Board deems necessary for additional input.

(b) The membership of the Oversight Board shall consist of:

(1) 4 legislators appointed by the General Assembly leadership equally apportioned between the 2 houses and political parties;

(2) the Attorney General or his or her designee;

(3) the Secretary of the Illinois Department of Transportation or his or her designee;

(4) the Director of the Illinois State Police or his or her designee;

(5) the Superintendent of the Chicago Police Department or his or her designee;

(6) 2 police chiefs representing jurisdictions of varied size and geography appointed by the Illinois Association of Chiefs of Police;

(7) 2 sheriffs representing jurisdictions of varied size and geography appointed by the Illinois Sheriffs' Association;

(8) a representative appointed by Illinois Law Enforcement Training and Standards Board;

(9) a representative appointed by the Illinois Fraternal Order of Police;

(10) a representative appointed by the Cook County State's Attorney's Office;

(11) a representative appointed by the Cook County Public Defender;

(12) a representative appointed by the State's Attorneys Appellate Prosecutor;

(13) a representative appointed by the State Appellate Defender;

(14) a representative appointed by the American Civil Liberties Union of Illinois;

(15) a representative of the Mexican American Legal Defense and Education Fund;

(16) a representative of Operation P.U.S.H.;

(17) a representative of the Illinois Conference of NAACP Chapters;

(18) a representative of the Council on American-Islamic Relations;

(19) a representative of the League of United Latin American Citizens; and

(20) the following members appointed by the Governor:

(A) 2 members of the general public; and

(B) 2 members of the Illinois academic community with specific expertise in both statistical analysis and law enforcement.

Section 20. Governing Board. From the membership of the Board, the Governor shall designate the chair and vice chair of the Governing Board, who shall serve at the discretion of the Governor. Members appointed by the Governor shall serve at the discretion of the Governor for a term not to exceed 2 years. All members may be reappointed for an unlimited number of terms. The Governing Board shall meet at least quarterly.

Section 25. Funding. Funding to implement this Act shall be appropriated by the General Assembly to the Department.

Section 30. Compensation. Members of the Governing Board shall serve without compensation. Members may be reimbursed by the Department for reasonable expenses incurred in connection with their duties.

Section 35. Staffing. The Secretary of the Department shall employ or assign, in accordance with the provisions of the Illinois Personnel Code, the administrative, professional, clerical, and other personnel required and may organize his or her staff as may be appropriate to effectuate the purposes, powers, duties, and responsibilities contained in this Act.

Section 40. Powers and duties of the Governing Board. The Governing Board shall have the following powers, duties, and responsibilities:

(a) To comply with the requirements of applicable federal or State laws or regulations and adopt rules consistent with this Act as allowed by the Illinois Administrative Procedure Act (IAPA) through the Joint Committee on Administrative Rules (JCAR).

(b) To coordinate the development, adoption, and implementation of plans and strategies to eliminate racial profiling in Illinois.

(c) To study, recommend, and promulgate data collection requirements regarding additional race/ethnicity categories to be added to the traffic stop statistical study in order to improve data collection among unreported/under-reported minority populations. The board shall study and recommend if required, at a minimum, data collection strategies, categories, and benchmarks for persons of Middle-Eastern origin.

(d) To study stops lasting over 30 minutes and define categorical reasons for the extended stops.

(e) To study, recommend, and report to the Governor, Illinois Secretary of State, and the General Assembly, no later than December 1, 2006, strategies to improve the benchmark data available to identify the race, ethnicity, and geographical residence of the Illinois driving population beginning on January 1, 2007, with the collection of race/ethnicity data on driver's license new-applicant/renewals. This data shall be available for statistical benchmark comparison purposes only.

(f) To coordinate the development, adoption, and implementation of public awareness programs in the minority communities designed to educate individuals regarding racial profiling and their civil rights.

(g) To promulgate model policies for police agencies that are designed to protect individuals' civil rights related to police traffic enforcement.

(h) To adopt rules as may be necessary to effectuate training regarding data collection and mechanisms to engage those agencies who willfully fail to comply with the requirements of the Traffic Stop Statistical Study Act.

(i) To study, recommend, and report no later than July 1, 2007 on technological solutions to aid in the identification, elimination, and prevention of racial profiling and to recommend funding sources for statewide implementation of the technological solutions.

(j) To report annually, on or before April 1 of each year, to the Governor and the General Assembly on the Governing Board's activities in the preceding fiscal year.

(k) To study whether Illinois should continue the mandatory data collection required under this Act as well as the best practices of data collection as related to the identification, elimination, and prevention of bias-based policing and report its findings and recommendations to the Governor and the General Assembly by July 1, 2008.

Section 90. The Illinois Vehicle Code is amended by changing Section 11-212 as follows:

(625 ILCS 5/11-212)

Sec. 11-212. Traffic stop statistical study.

(a) Whenever From January 1, 2004 until December 31, 2007, 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: Caucasian, African-American, Hispanic, Native American/Alaska Native, or Asian/Pacific Islander;

(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; and

(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 From January 1, 2004 until December 31, 2007, 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: Caucasian, African-American, Hispanic, Native American/Alaska Native, or Asian/Pacific Islander;

(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; and

(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 in each of the years 2004, 2005, 2006, and 2007, 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 in each of the years 2005, 2006, 2007, and 2008. 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.

(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.

(i) The Racial Profiling Prevention and Data Oversight Board 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 as well as strategies to fund implementation of recommended technologies. The Board shall report its findings and recommendations to the Governor and the General Assembly by July 1, 2007.

(j) The Racial Profiling Prevention and Data Oversight Board shall undertake a comprehensive study to determine whether Illinois should continue the mandatory data collection required under this Section as well as the best practices of data collection as related to the identification, elimination, and prevention of bias-based policing. The Board shall report its findings and recommendations to the Governor and the General Assembly by July 1, 2008.

(k) This Section is repealed on July 1, 2010.

(Source: P.A. 93-209, eff. 7-18-03.)

Section 99. Effective date. This Act takes effect upon becoming law, except that the changes to Section 11-212 of the Illinois Vehicle Code take effect January 1, 2007.