Rep. Daniel V. Beiser
Filed: 4/13/2011
| |||||||
| |||||||
| |||||||
| 1 | AMENDMENT TO HOUSE BILL 930
| ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 930 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
| ||||||
| 4 | "Section 5. The Code of Criminal Procedure of 1963 is | ||||||
| 5 | amended by adding Section 107-17 as follows: | ||||||
| 6 | (725 ILCS 5/107-17 new) | ||||||
| 7 | Sec. 107-17. Profiling prohibited. | ||||||
| 8 | (a) Definition. For the purposes of this Section, | ||||||
| 9 | "commercial motor vehicle" means any commercial motor vehicle | ||||||
| 10 | as defined in the Illinois Vehicle Code. | ||||||
| 11 | (b) Offense. No vehicle may be stopped, delayed, or | ||||||
| 12 | detained based on the race, ethnicity, or sex of the operator | ||||||
| 13 | or occupants; nor shall any vehicle be stopped, delayed, or | ||||||
| 14 | detained by virtue of the type or style of the vehicle. A peace | ||||||
| 15 | officer may not stop, delay, or detain a vehicle unless the | ||||||
| 16 | stop, delay, or detention of the vehicle is predicated upon | ||||||
| |||||||
| |||||||
| 1 | reasonable suspicion, probable cause, or any other articulable | ||||||
| 2 | circumstances that indicate a violation of the law has been or | ||||||
| 3 | is being committed. | ||||||
| 4 | (c) Exceptions. Nothing in this Section shall prohibit the | ||||||
| 5 | enforcement of State or federal commercial vehicle provisions | ||||||
| 6 | by virtue of static or portable scales; nor shall this Section | ||||||
| 7 | prohibit any other process or enforcement detail designed to | ||||||
| 8 | inspect commercial motor vehicles or the qualifications and | ||||||
| 9 | eligibility of any commercial motor vehicle operator for the | ||||||
| 10 | purpose of ensuring compliance with Federal Motor Carrier | ||||||
| 11 | Safety Regulations; ensuring compliance with any State law | ||||||
| 12 | governing the operation of a commercial motor vehicle; or | ||||||
| 13 | ensuring compliance with any State or federal regulation | ||||||
| 14 | pertaining to the transportation of hazardous materials. | ||||||
| 15 | (d) Permitted stops. Nothing in this Section shall prohibit | ||||||
| 16 | a peace officer from stopping a vehicle for the purpose of: | ||||||
| 17 | (1) conducting an investigation; | ||||||
| 18 | (2) in response to a call or a dispatch indicating that | ||||||
| 19 | a vehicle or its occupants have or may be involved in | ||||||
| 20 | committing or attempting to commit an offense; or | ||||||
| 21 | (3) in circumstances where police have been requested | ||||||
| 22 | to deliver an emergency notification to a party traveling | ||||||
| 23 | on the highways of this State.
| ||||||
| 24 | Section 99. Effective date. This Act takes effect upon | ||||||
| 25 | becoming law.".
| ||||||