99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3181

 

Introduced , by Rep. Monique D. Davis

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-212
725 ILCS 5/107-14  from Ch. 38, par. 107-14

    Amends Illinois Vehicle Code and the Code of Criminal Procedure of 1963. Upon completion of a traffic stop or other stop of a person for temporary questioning, without making an arrest or issuing a warning citation, the officer shall provide the person stopped with a stop receipt which briefly describes the stop, including the purpose of the stop, and contains the officer's name and badge number. The officer shall file a copy of the stop receipt with his or her department or agency, which shall maintain the copy in its records.


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A BILL FOR

 

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1    AN ACT concerning police officers.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 11-212 as follows:
 
6    (625 ILCS 5/11-212)
7    (Section scheduled to be repealed on July 1, 2019)
8    Sec. 11-212. Traffic stop statistical study.
9    (a) Whenever a State or local law enforcement officer
10issues a uniform traffic citation or warning citation for an
11alleged violation of the Illinois Vehicle Code, he or she shall
12record at least the following:
13        (1) the name, address, gender, and the officer's
14    subjective determination of the race of the person stopped;
15    the person's race shall be selected from the following
16    list: American Indian or Alaska Native, Asian, Black or
17    African American, Hispanic or Latino, Native Hawaiian or
18    Other Pacific Islander, or White;
19        (2) the alleged traffic violation that led to the stop
20    of the motorist;
21        (3) the make and year of the vehicle stopped;
22        (4) the date and time of the stop, beginning when the
23    vehicle was stopped and ending when the driver is free to

 

 

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1    leave or taken into physical custody;
2        (5) the location of the traffic stop;
3        (5.5) whether or not a consent search contemporaneous
4    to the stop was requested of the vehicle, driver,
5    passenger, or passengers; and, if so, whether consent was
6    given or denied;
7        (6) whether or not a search contemporaneous to the stop
8    was conducted of the vehicle, driver, passenger, or
9    passengers; and, if so, whether it was with consent or by
10    other means;
11        (6.2) whether or not a police dog performed a sniff of
12    the vehicle; and, if so, whether or not the dog alerted to
13    the presence of contraband; and, if so, whether or not an
14    officer searched the vehicle; and, if so, whether or not
15    contraband was discovered; and, if so, the type and amount
16    of contraband;
17        (6.5) whether or not contraband was found during a
18    search; and, if so, the type and amount of contraband
19    seized; and
20        (7) the name and badge number of the issuing officer.
21    (b) Whenever a State or local law enforcement officer stops
22a motorist for an alleged violation of the Illinois Vehicle
23Code and does not issue a uniform traffic citation or warning
24citation for an alleged violation of the Illinois Vehicle Code,
25he or she shall complete a uniform stop card, which includes
26field contact cards, or any other existing form currently used

 

 

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1by law enforcement containing information required pursuant to
2this Act, that records at least the following:
3        (1) the name, address, gender, and the officer's
4    subjective determination of the race of the person stopped;
5    the person's race shall be selected from the following
6    list: American Indian or Alaska Native, Asian, Black or
7    African American, Hispanic or Latino, Native Hawaiian or
8    Other Pacific Islander, or White;
9        (2) the reason that led to the stop of the motorist;
10        (3) the make and year of the vehicle stopped;
11        (4) the date and time of the stop, beginning when the
12    vehicle was stopped and ending when the driver is free to
13    leave or taken into physical custody;
14        (5) the location of the traffic stop;
15        (5.5) whether or not a consent search contemporaneous
16    to the stop was requested of the vehicle, driver,
17    passenger, or passengers; and, if so, whether consent was
18    given or denied;
19        (6) whether or not a search contemporaneous to the stop
20    was conducted of the vehicle, driver, passenger, or
21    passengers; and, if so, whether it was with consent or by
22    other means;
23        (6.2) whether or not a police dog performed a sniff of
24    the vehicle; and, if so, whether or not the dog alerted to
25    the presence of contraband; and, if so, whether or not an
26    officer searched the vehicle; and, if so, whether or not

 

 

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1    contraband was discovered; and, if so, the type and amount
2    of contraband;
3        (6.5) whether or not contraband was found during a
4    search; and, if so, the type and amount of contraband
5    seized; and
6        (7) the name and badge number of the issuing officer.
7    Upon completion of the stop without issuing a uniform
8traffic citation or warning citation, the officer shall provide
9the motorist with a stop receipt which briefly describes the
10stop, including the purpose of the stop, and contains the
11officer's name and badge number. The officer shall file a copy
12of the stop receipt with his or her department or agency, which
13shall maintain the copy in its records.
14    (c) The Illinois Department of Transportation shall
15provide a standardized law enforcement data compilation form on
16its website.
17    (d) Every law enforcement agency shall, by March 1 with
18regard to data collected during July through December of the
19previous calendar year and by August 1 with regard to data
20collected during January through June of the current calendar
21year, compile the data described in subsections (a) and (b) on
22the standardized law enforcement data compilation form
23provided by the Illinois Department of Transportation and
24transmit the data to the Department.
25    (e) The Illinois Department of Transportation shall
26analyze the data provided by law enforcement agencies required

 

 

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1by this Section and submit a report of the previous year's
2findings to the Governor, the General Assembly, the Racial
3Profiling Prevention and Data Oversight Board, and each law
4enforcement agency no later than July 1 of each year. The
5Illinois Department of Transportation may contract with an
6outside entity for the analysis of the data provided. In
7analyzing the data collected under this Section, the analyzing
8entity shall scrutinize the data for evidence of statistically
9significant aberrations. The following list, which is
10illustrative, and not exclusive, contains examples of areas in
11which statistically significant aberrations may be found:
12        (1) The percentage of minority drivers or passengers
13    being stopped in a given area is substantially higher than
14    the proportion of the overall population in or traveling
15    through the area that the minority constitutes.
16        (2) A substantial number of false stops including stops
17    not resulting in the issuance of a traffic ticket or the
18    making of an arrest.
19        (3) A disparity between the proportion of citations
20    issued to minorities and proportion of minorities in the
21    population.
22        (4) A disparity among the officers of the same law
23    enforcement agency with regard to the number of minority
24    drivers or passengers being stopped in a given area.
25        (5) A disparity between the frequency of searches
26    performed on minority drivers and the frequency of searches

 

 

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1    performed on non-minority drivers.
2    (f) Any law enforcement officer identification information
3or driver identification information that is compiled by any
4law enforcement agency or the Illinois Department of
5Transportation pursuant to this Act for the purposes of
6fulfilling the requirements of this Section shall be
7confidential and exempt from public inspection and copying, as
8provided under Section 7 of the Freedom of Information Act, and
9the information shall not be transmitted to anyone except as
10needed to comply with this Section. This Section shall not
11exempt those materials that, prior to the effective date of
12this amendatory Act of the 93rd General Assembly, were
13available under the Freedom of Information Act. This subsection
14(f) shall not preclude law enforcement agencies from reviewing
15data to perform internal reviews.
16    (g) Funding to implement this Section shall come from
17federal highway safety funds available to Illinois, as directed
18by the Governor.
19    (h) The Illinois Department of Transportation, in
20consultation with law enforcement agencies, officials, and
21organizations, including Illinois chiefs of police, the
22Department of State Police, the Illinois Sheriffs Association,
23and the Chicago Police Department, and community groups and
24other experts, shall undertake a study to determine the best
25use of technology to collect, compile, and analyze the traffic
26stop statistical study data required by this Section. The

 

 

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1Department shall report its findings and recommendations to the
2Governor and the General Assembly by March 1, 2004.
3    (h-5) For purposes of this Section:
4        (1) "American Indian or Alaska Native" means a person
5    having origins in any of the original peoples of North and
6    South America, including Central America, and who
7    maintains tribal affiliation or community attachment.
8        (2) "Asian" means a person having origins in any of the
9    original peoples of the Far East, Southeast Asia, or the
10    Indian subcontinent, including, but not limited to,
11    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
12    the Philippine Islands, Thailand, and Vietnam.
13        (3) "Black or African American" means a person having
14    origins in any of the black racial groups of Africa. Terms
15    such as "Haitian" or "Negro" can be used in addition to
16    "Black or African American".
17        (4) "Hispanic or Latino" means a person of Cuban,
18    Mexican, Puerto Rican, South or Central American, or other
19    Spanish culture or origin, regardless of race.
20        (5) "Native Hawaiian or Other Pacific Islander" means a
21    person having origins in any of the original peoples of
22    Hawaii, Guam, Samoa, or other Pacific Islands.
23        (6) "White" means a person having origins in any of the
24    original peoples of Europe, the Middle East, or North
25    Africa.
26    (i) This Section is repealed on July 1, 2019.

 

 

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1(Source: P.A. 97-396, eff. 1-1-12; 97-469, eff. 7-1-12; 97-813,
2eff. 7-13-12; 98-686, eff. 6-30-14.)
 
3    Section 10. The Code of Criminal Procedure of 1963 is
4amended by changing Section 107-14 as follows:
 
5    (725 ILCS 5/107-14)  (from Ch. 38, par. 107-14)
6    Sec. 107-14. Temporary questioning without arrest.
7    (a) A peace officer, after having identified himself as a
8peace officer, may stop any person in a public place for a
9reasonable period of time when the officer reasonably infers
10from the circumstances that the person is committing, is about
11to commit or has committed an offense as defined in Section
12102-15 of this Code, and may demand the name and address of the
13person and an explanation of his actions. Such detention and
14temporary questioning will be conducted in the vicinity of
15where the person was stopped.
16    (b) Upon completion of the stop, the officer shall provide
17the person with a stop receipt which briefly describes the
18stop, including the purpose of the stop, and contains the
19officer's name and badge number. The officer shall file a copy
20of the stop receipt with his or her department or agency, which
21shall maintain the copy in its records.
22(Source: Laws 1968, p. 218.)