Illinois General Assembly - Full Text of HB0196
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Full Text of HB0196  93rd General Assembly

HB0196 93rd General Assembly


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 1        AN ACT in relation to vehicles.

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

 4        Section 5.  The  Illinois  Vehicle  Code  is  amended  by
 5    adding Section 16-108 as follows:

 6        (626 ILCS 5/16-108 new)
 7        Sec. 16-108. Racial profiling.
 8        (a)  As  used  in  this  Section,  "minority group" means
 9    individuals of African, Hispanic, Native American,  or  Asian
10    descent.
11        (b)  Each  time a peace officer stops a driver of a motor
12    vehicle for a violation  of  any  motor  vehicle  statute  or
13    ordinance,   that   officer   shall   report   the  following
14    information to the law enforcement agency  that  employs  the
15    officer:
16             (1)  The  age, gender, and race or minority group of
17        the individual stopped;
18             (2)  The traffic violation or violations alleged  to
19        have been committed that led to the stop;
20             (3)  Whether  a  search was conducted as a result of
21        the stop;
22             (4)  If  a  search  was   conducted,   whether   the
23        individual  consented  to  the search, the probable cause
24        for the search, whether the person was searched,  whether
25        the  person's  property was searched, and the duration of
26        the search;
27             (5)  Whether any contraband was  discovered  in  the
28        course  of  the  search  and  the  type of any contraband
29        discovered;
30             (6)  Whether any warning or citation was issued as a
31        result of the stop;
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 1             (7)  If  a  warning  or  citation  was  issued,  the
 2        violation charged or warning provided;
 3             (8)  Whether an arrest  was  made  as  a  result  of
 4        either the stop or the search;
 5             (9)  If an arrest was made, the crime charged; and
 6             (10)  The location of the stop.
 7        This   information   may   be  reported  using  a  format
 8    determined by  the  Department  of  State  Police  that  uses
 9    existing citation and report forms.
10        The  provisions  of  this subsection (b), other than this
11    sentence, are inoperative after December 31, 2005.
12        (c)  Each law enforcement agency shall compile  the  data
13    described  in subsection (b) of this Section for the calendar
14    year into a report to the Secretary of State, which shall  be
15    submitted  to the Secretary of State no later than March 1 in
16    2005 and 2006. The Secretary of  State  shall  determine  the
17    format  that all law enforcement agencies shall use to submit
18    the report.
19        (d)  The Secretary of  State  shall  analyze  the  annual
20    reports  of law enforcement agencies required by this Section
21    and submit a report of the  findings  to  the  Governor,  the
22    General  Assembly,  and  each law enforcement agency no later
23    than June 1 in 2005 and 2006.
24        (e)  The report of the Secretary of State  shall  include
25    at  least  the following information for each law enforcement
26    agency:
27             (1)  the total number of vehicles stopped  by  peace
28        officers during the previous calendar year;
29             (2)  the  number  and  percentage  of  stopped motor
30        vehicles that were driven by members of  each  particular
31        minority group;
32             (3)  a comparison of the percentage of stopped motor
33        vehicles driven by each minority group and the percentage
34        of  the  State's  population  that  each  minority  group
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 1        comprises; and
 2             (4)  a  compilation  of  the information reported by
 3        law enforcement agencies under  subsection  (b)  of  this
 4        Section.
 5        The  provisions  of  this subsection (e), other than this
 6    sentence, are inoperative after December 31, 2005.
 7        (f)  Each law enforcement agency shall adopt a policy  on
 8    race-based traffic stops that:
 9             (1)  Prohibits  the  practice  of routinely stopping
10        members of minority groups for violations of vehicle laws
11        as  a  pretext  for  investigating  other  violations  of
12        criminal law;
13             (2)  Provides  for  periodic  reviews  by  the   law
14        enforcement  agency of the annual report of the Secretary
15        of State required by subsection (d) of this Section that:
16                  (A)  Determine whether any  peace  officers  of
17             the   law  enforcement  agency  have  a  pattern  of
18             stopping members of minority groups  for  violations
19             of  vehicle laws in a number disproportionate to the
20             population of minority groups residing or  traveling
21             within  the  jurisdiction  of  the  law  enforcement
22             agency; and
23                  (B)  If  the  review reveals a pattern, require
24             an investigation  to  determine  whether  any  peace
25             officers  of  the  law  enforcement agency routinely
26             stop members of minority groups  for  violations  of
27             vehicle  laws  as  a pretext for investigating other
28             violations of criminal law;
29             (3)  Provides   for   appropriate   counseling   and
30        training of any peace officer found to  have  engaged  in
31        race-based  traffic  stops  within 90 days of the review;
32        and
33             (4)  Provides for annual  sensitivity  training  for
34        any  employees  who  may  conduct stops of motor vehicles
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 1        regarding the prohibition against racial  profiling.  The
 2        course or courses of instruction and the guidelines shall
 3        stress  understanding and respect for racial and cultural
 4        differences   and   the   development    of    effective,
 5        noncombative  methods  of  carrying  out  law enforcement
 6        duties in a racially and culturally diverse environment.
 7        (g)  If a law enforcement agency fails to comply with the
 8    provisions of this  Section,  the  Governor  may  direct  the
 9    Comptroller  and  the  State  Treasurer to withhold any State
10    funds  appropriated  to  the  noncompliant  law   enforcement
11    agency.

12        Section  99.   Effective  date.  This Act takes effect on
13    January 1, 2004.