Illinois General Assembly - Full Text of HB0024
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Full Text of HB0024  93rd General Assembly

HB0024 93rd General Assembly


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 1        AN  ACT  in  relation  to  criminal  statistics  and  law
 2    enforcement.

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

 5        Section 5.  The Attorney General Act is amended by adding
 6    Section 4.5 as follows:

 7        (15 ILCS 205/4.5 new)
 8        Sec.   4.5.  Criminal    statistics    compilation    and
 9    investigation.  Upon  the referral of any complaint or report
10    from the Department of State Police to the  Attorney  General
11    or  upon receipt of any other complaint involving disparities
12    in the enforcement  of  criminal  law  within  the  scope  of
13    Section  2605-395  of the Department of State Police Law, the
14    Attorney General shall investigate the matter. In  connection
15    with  the  investigation,  the  Attorney General shall obtain
16    data under  paragraph  (8)  of  that  Section.  The  Attorney
17    General  shall  take  any remedial or enforcement measures as
18    the investigation may reveal to be  warranted.  The  Attorney
19    General   shall   publish  an  annual  report  of  activities
20    undertaken under this Section.

21        Section 10.  The Department of State Police  Law  of  the
22    Civil  Administrative  Code  of Illinois is amended by adding
23    Section 2605-395 as follows:

24        (20 ILCS 2605/2605-395 new)
25        Sec.   2605-395.  Compilation    of    law    enforcement
26    statistics.  The  Department  shall have the following duties
27    with respect to the compilation of  criminal  history  record
28    information:
29        (1)  To  collect  and  correlate  criminal history record
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 1    information,  including  crimes  committed,   arrests   made,
 2    dispositions    on    preliminary   hearings,   prosecutions,
 3    convictions, acquittals, punishment, appeals,  together  with
 4    the  age, race or ethnicity, and sex of the offender, and any
 5    other information  concerning  crime  and  criminals  as  may
 6    appear  significant or helpful. To correlate this information
 7    with the operations of agencies and institutions charged with
 8    the  supervision  of  offenders   sentenced   to   probation,
 9    conditional  discharge,  imprisonment in a penal institution,
10    or periodic imprisonment and to offenders serving a  term  of
11    parole  or  mandatory  supervised  release, so as to show the
12    volume, variety, and tendencies of crime  and  criminals  and
13    the administration of the criminal law in connection with the
14    arrest,  trial,  sentencing  and  the terms and conditions of
15    parole and mandatory supervised release of all  criminals  in
16    this State.
17        (2)  To  collect,  correlate,  and maintain the following
18    information regarding traffic law enforcement by every  peace
19    officer:
20             (a)  the  number  of  drivers  stopped  for  routine
21        traffic enforcement by every peace officer and whether or
22        not a citation or warning was issued;
23             (b)  identifying   characteristics  of  the  drivers
24        stopped, including the  race  or  ethnicity,  approximate
25        age, and sex;
26             (c)  the  alleged  traffic violation that led to the
27        stop;
28             (d)  whether or not a search  was  instituted  as  a
29        result of the stop;
30             (e)  whether  or  not the vehicle, personal effects,
31        driver, or passenger or passengers were searched, and the
32        race or ethnicity,  approximate  age,  and  sex  of  each
33        person searched;
34             (f)  whether  the search was conducted with consent,
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 1        probable cause, or  reasonable  suspicion  to  suspect  a
 2        crime,  including  the basis for the request for consent,
 3        or  the  circumstances  establishing  probable  cause  or
 4        reasonable suspicion;
 5             (g)  whether or not any contraband was found and the
 6        type and amount of any contraband;
 7             (h)  whether or not any written citation or any oral
 8        or written warning was issued as a result of the stop;
 9             (i)  whether or not an arrest was made as  a  result
10        of either the stop or the search;
11             (j)  whether  or not any property was seized, with a
12        description of that property;
13             (k)  whether or not the  officers  making  the  stop
14        encountered  any  physical  resistance from the driver or
15        passenger or passengers;
16             (l)  whether or not the  officers  making  the  stop
17        engaged   in   the  use  of  force  against  the  driver,
18        passenger, or passengers for any reason;
19             (m)  whether or not any injuries resulted  from  the
20        stop; and
21             (n)  whether  or  not  the circumstances surrounding
22        the stop were the subject of any investigation,  and  the
23        results of that investigation.
24        The  information  required  by  this paragraph (2) is not
25    required to  be  collected  in  connection  with  roadblocks,
26    vehicle  checks,  or checkpoints that are consistent with the
27    laws  of  this  State  and  with  the   State   and   federal
28    constitutions,  except  when those stops result in a warning,
29    search,  seizure,  arrest,  or  any  of  the  other  activity
30    described in clauses (d) through (n) of this paragraph (2).
31        (3)  To make scientific study, analysis,  and  comparison
32    from the information so collected and correlated with similar
33    information  gathered by federal agencies, and to provide the
34    Governor, the Attorney General, and the General Assembly with
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 1    the information so collected and analyzed annually,  or  more
 2    often if required by the Governor.
 3        (4)  Information  released  under  this  Section  may not
 4    reveal the identity of any individual who is stopped.
 5        (5)  In analyzing the data collected under this  Section,
 6    the  Department  shall  scrutinize  the  data for evidence of
 7    statistically  significant  aberrations.  The  .05  level  of
 8    statistical significance shall be presumed to be evidence  of
 9    an  aberration. The following list, which is illustrative and
10    not  exclusive,  contains  examples   of   areas   in   which
11    statistically significant aberrations may be found:
12             (a)  the   percentage   of   minority   drivers   or
13        passengers being stopped in a given area is substantially
14        higher  than  the proportion of the overall population in
15        or  traveling  through  the  area   that   the   minority
16        constitutes;
17             (b)  a  substantial number of false stops, including
18        stops not resulting in the issuance of a  traffic  ticket
19        or the making of an arrest; and
20             (c)  a disparity between the proportion of citations
21        issued  to minorities and the proportion of minorities in
22        the population.
23        (6)  Every  law  enforcement  agency  shall  collect  and
24    transmit to the Department, in such manner and at such  times
25    as  the  Department  may require, such data as it requires to
26    enable it to perform its duties under this Section.
27        (7)  If the Department  receives  a  complaint  regarding
28    improper   criminal  law  enforcement,  it  shall  refer  the
29    complaint to the Attorney General for investigation.
30        (8)  In connection with any investigation, the Department
31    shall furnish to the Attorney General any and  all  pertinent
32    information  collected,  compiled, or analyzed, including raw
33    data, under this Section.
34        (9)  Any statistically significant aberrations  found  by
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 1    the  Department shall be referred to the Attorney General for
 2    investigation.
 3        (10)  From any funds that  may  be  available  for  these
 4    purposes,  the  Department may make grants to law enforcement
 5    agencies to aid them in the  performance  of  duties  imposed
 6    under paragraph (6) of this Section.

 7        Section  99.  Effective date.  This Act takes effect upon
 8    becoming law.