Full Text of SB2368 94th General Assembly
SB2368enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the Racial | 5 |
| Profiling Prevention and Data Oversight Act. | 6 |
| Section 5. Legislative purpose. The purpose of this Act is | 7 |
| to identify and address bias-based policing through the | 8 |
| monitoring, review, and improvement of the collection of racial | 9 |
| profiling information collected under the Illinois Traffic | 10 |
| Stop Statistical Study. Through this data collection and | 11 |
| review, a more accurate understanding of this problem can be | 12 |
| obtained, thus allowing the concerns of the motoring public to | 13 |
| be better addressed, resources such as specialized training to | 14 |
| be provided, the honest efforts of Illinois' law enforcement | 15 |
| professionals to be demonstrated, and the civil rights of all | 16 |
| Illinois citizens to be protected. | 17 |
| Section 10. Definitions. As used in this Act: | 18 |
| (a) "Oversight Board" means the Racial Profiling | 19 |
| Prevention and Data Oversight Board established under this Act. | 20 |
| (b) "Department" means the Illinois Department of | 21 |
| Transportation. | 22 |
| (c) "Traffic Stop Statistical Study Act" means Section | 23 |
| 11-212 of the Illinois Vehicle Code. | 24 |
| Section 15. Oversight Board.
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| (a) There is created within the Department a Racial | 26 |
| Profiling Prevention and Data Oversight Board, consisting of 15 | 27 |
| members, which shall independently exercise its powers, | 28 |
| duties, and responsibilities. The Board shall have the | 29 |
| authority to allow additional participation from various | 30 |
| groups that the Board deems necessary for additional input. |
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| (b) The membership of the Oversight Board shall consist of: | 2 |
| (1) 4 legislators appointed by the General Assembly | 3 |
| leadership equally apportioned between the 2 houses and | 4 |
| political parties; | 5 |
| (2) the Attorney General or his or her designee; | 6 |
| (3) the Secretary of the Illinois Department of | 7 |
| Transportation or his or her designee; | 8 |
| (4) the Director of the Illinois State Police or his or | 9 |
| her designee; | 10 |
| (5) 3 members of county or city law enforcement | 11 |
| agencies, representing jurisdictions of varied size and | 12 |
| geography, appointed by the Governor; | 13 |
| (6) 4 members of community organizations representing | 14 |
| minority interests, appointed by the Governor; and | 15 |
| (7) one member of the Illinois academic community
with | 16 |
| specific expertise in both statistical analysis and law | 17 |
| enforcement, appointed by the Governor. | 18 |
| (c) All members shall serve 2 years and until their | 19 |
| successors are appointed. Members may be reappointed for an | 20 |
| unlimited number of terms. The Oversight Board shall meet at | 21 |
| least quarterly. | 22 |
| Section 20. Chairpersons. From the membership of the | 23 |
| Board, the Governor shall designate the chair and vice chair, | 24 |
| who shall serve at the discretion of the Governor. Chairpersons | 25 |
| shall serve in that capacity for a term not to exceed 2 years. | 26 |
| Section 25. Funding. Funding to implement this Act shall be | 27 |
| appropriated by the General Assembly to the Department. | 28 |
| Section 30. Compensation. Members of the Oversight Board | 29 |
| shall serve without compensation. Members may be reimbursed by | 30 |
| the Department for reasonable expenses incurred in connection | 31 |
| with their duties. | 32 |
| Section 35. Staffing. The Secretary of the Department shall |
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| employ or assign, in accordance with the provisions of the | 2 |
| Illinois Personnel Code, the administrative, professional, | 3 |
| clerical, and other personnel required and may organize his or | 4 |
| her staff as may be appropriate to effectuate the purposes, | 5 |
| powers, duties, and responsibilities contained in this Act. | 6 |
| Section 40. Powers and Duties of the Oversight Board. The | 7 |
| Oversight Board shall have the following powers, duties, and | 8 |
| responsibilities: | 9 |
| (a) To operate purely as an advisory body. Any changes to | 10 |
| rules and policy promoted by the Oversight Board are only | 11 |
| recommendations, which may be reported to the Governor, the | 12 |
| Secretary of State, and the General Assembly or to appropriate | 13 |
| law enforcement agencies. | 14 |
| (b) To coordinate the development, adoption, and | 15 |
| implementation of plans and strategies to eliminate racial | 16 |
| profiling in Illinois and to coordinate the development, | 17 |
| adoption, and implementation of plans and strategies to create | 18 |
| public awareness programs in minority communities, designed to | 19 |
| educate individuals regarding racial profiling and their civil | 20 |
| rights. | 21 |
| (c) To promulgate model policies for police agencies that | 22 |
| are designed to protect individuals' civil rights related to | 23 |
| police traffic enforcement and to recommend to law enforcement | 24 |
| agencies model rules as may be necessary to effectuate training | 25 |
| regarding data collection and mechanisms to engage those | 26 |
| agencies who willfully fail to comply with the requirements of | 27 |
| the Traffic Stop Statistical Study Act.
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| (d) To study and to issue reports and recommendations to | 29 |
| the Governor, the Secretary of State, and the General Assembly | 30 |
| regarding the following subjects by the following dates: | 31 |
| (1) no later than July 1, 2008, regarding strategies to | 32 |
| improve the benchmark data available to identify the race, | 33 |
| ethnicity, and geographical residence of the Illinois | 34 |
| driving population, beginning on August 1, 2008, with the | 35 |
| collection of race and ethnicity data on new and renewal |
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| applicants for driver's licenses. This data shall be | 2 |
| available for statistical benchmark comparison purposes | 3 |
| only; | 4 |
| (2) no later than January 1, 2009, regarding data | 5 |
| collection requirements with respect to additional race | 6 |
| and ethnicity categories to be added to the traffic stop | 7 |
| statistical study in order to improve data collection among | 8 |
| unreported and under-reported minority populations. The | 9 |
| Board shall study, and recommend if required, at a minimum, | 10 |
| data collection strategies, categories, and benchmarks for | 11 |
| persons of Middle-Eastern origin. The Board shall also | 12 |
| study stops lasting over 30 minutes and define categorical | 13 |
| reasons for the extended stops; | 14 |
| (3) no later than July 1, 2009, regarding technological | 15 |
| solutions to aid in the identification, elimination, and | 16 |
| prevention of racial profiling and to recommend funding | 17 |
| sources for statewide implementation of the technological | 18 |
| solutions; | 19 |
| (4) no later than January 1, 2010, regarding whether | 20 |
| Illinois should continue the mandatory data collection | 21 |
| required under this Act, as well as the best practices of | 22 |
| data collection as related to the identification, | 23 |
| elimination, and prevention of bias-based policing; and | 24 |
| (5) on or before April 1 of each year, regarding the | 25 |
| Oversight Board's activities during the previous fiscal | 26 |
| year. | 27 |
| Section 90. The Illinois Vehicle Code is amended by | 28 |
| changing Section 11-212 as follows:
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| (625 ILCS 5/11-212)
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| Sec. 11-212. Traffic stop statistical study.
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| (a) Whenever
From January 1, 2004 until December 31, 2007,
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| whenever a State or local law enforcement officer issues a
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| uniform traffic citation or warning citation for an alleged
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| violation of the Illinois Vehicle Code, he or she shall
record |
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| at least the following:
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| (1) the name, address, gender, and
the officer's | 3 |
| subjective determination of the race of
the person
stopped; | 4 |
| the person's race shall be selected from the following | 5 |
| list:
Caucasian, African-American, Hispanic, Native
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| American/Alaska Native,
or Asian/Pacific Islander;
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| (2) the alleged traffic violation that led to the
stop | 8 |
| of the motorist;
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| (3) the make and year of the vehicle
stopped;
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| (4) the date and time of the stop , beginning when the | 11 |
| vehicle was stopped and ending when the driver is free to | 12 |
| leave or taken into physical custody ;
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| (5) the location of the traffic stop; | 14 |
| (5.5) whether or not a consent search contemporaneous | 15 |
| to the stop was requested of the vehicle, driver, | 16 |
| passenger, or passengers; and, if so, whether consent was | 17 |
| given or denied;
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| (6) whether or not a search contemporaneous to the stop | 19 |
| was conducted of
the
vehicle, driver, passenger, or | 20 |
| passengers; and, if so, whether it was with
consent or by | 21 |
| other means; and | 22 |
| (6.5) whether or not contraband was found during a | 23 |
| search; and, if so, the type and amount of contraband | 24 |
| seized; and
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| (7) the name and badge number of the issuing officer.
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| (b) Whenever
From January 1, 2004 until December 31, 2007,
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| whenever a State or local law enforcement officer stops a
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| motorist for an alleged violation of the Illinois Vehicle Code
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| and does not issue a uniform traffic citation or
warning | 30 |
| citation for an alleged violation of the Illinois
Vehicle Code, | 31 |
| he or she shall complete a uniform stop card, which includes
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| field
contact cards, or any other existing form currently used | 33 |
| by law enforcement
containing
information required pursuant to | 34 |
| this Act,
that records
at least the following:
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| (1) the name, address, gender,
and
the officer's | 36 |
| subjective determination of the race of the person
stopped; |
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| the person's race shall be selected from the following | 2 |
| list:
Caucasian, African-American, Hispanic, Native
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| American/Alaska
Native, or Asian/Pacific Islander;
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| (2) the reason that led to the stop of the
motorist;
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| (3) the make and year of the vehicle
stopped;
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| (4) the date and time of the stop , beginning when the | 7 |
| vehicle was stopped and ending when the driver is free to | 8 |
| leave or taken into physical custody ;
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| (5) the location of the traffic stop; | 10 |
| (5.5) whether or not a consent search contemporaneous | 11 |
| to the stop was requested of the vehicle, driver, | 12 |
| passenger, or passengers; and, if so, whether consent was | 13 |
| given or denied;
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| (6) whether or not a search contemporaneous to the stop | 15 |
| was conducted of
the
vehicle, driver, passenger, or | 16 |
| passengers; and, if so, whether it was with
consent or by | 17 |
| other means; and | 18 |
| (6.5) whether or not contraband was found during a | 19 |
| search; and, if so, the type and amount of contraband | 20 |
| seized; and
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| (7) the name and badge number of the issuing
officer.
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| (c) The Illinois Department of Transportation shall | 23 |
| provide a
standardized law
enforcement data compilation form on | 24 |
| its website.
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| (d) Every law enforcement agency shall, by March 1 with | 26 |
| regard to data collected during July through December of the | 27 |
| previous calendar year and by August 1 with regard to data | 28 |
| collected during January through June of the current calendar | 29 |
| year
in each of the years
2004,
2005, 2006, and 2007 , compile | 30 |
| the data described in subsections (a) and (b) on
the
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| standardized law enforcement data compilation form provided by | 32 |
| the Illinois
Department
of Transportation and transmit the data | 33 |
| to the Department.
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| (e) The Illinois Department of Transportation shall | 35 |
| analyze the data
provided
by law
enforcement agencies required | 36 |
| by this Section and submit a report of the
previous year's
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| findings to the
Governor, the General Assembly, the Racial | 2 |
| Profiling Prevention and Data Oversight Board, and each law | 3 |
| enforcement agency no later than
July 1
of each year
in each of | 4 |
| the years 2005, 2006, 2007, and 2008 . The Illinois Department | 5 |
| of
Transportation may contract with
an outside entity for the | 6 |
| analysis of the data provided. In analyzing the data
collected
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| under this Section, the analyzing entity shall scrutinize the | 8 |
| data for evidence
of statistically
significant aberrations. | 9 |
| The following list, which
is illustrative, and not exclusive, | 10 |
| contains examples of areas in which
statistically
significant | 11 |
| aberrations may be found:
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| (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
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| through the area that the minority constitutes.
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| (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.
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| (3) A disparity between the proportion of citations | 20 |
| issued to minorities
and
proportion of minorities in the | 21 |
| population.
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| (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.
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| (5) A disparity between the frequency of searches | 26 |
| performed on minority
drivers
and the frequency of searches | 27 |
| performed on non-minority drivers.
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| (f) Any law enforcement officer identification information | 29 |
| or driver
identification information
that is
compiled by any | 30 |
| law enforcement agency or the Illinois Department of
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| Transportation
pursuant to this Act for
the purposes of | 32 |
| fulfilling the requirements of this Section shall be
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| confidential and exempt
from
public inspection and copying, as | 34 |
| provided under Section 7 of the Freedom of
Information
Act,
and | 35 |
| the information shall not be transmitted to anyone except as | 36 |
| needed to
comply with
this Section. This Section shall not |
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| exempt those materials that, prior to the
effective date of | 2 |
| this
amendatory Act of the 93rd General Assembly, were | 3 |
| available under the Freedom
of
Information Act.
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| (g) Funding to implement this Section shall come from | 5 |
| federal highway
safety
funds available to Illinois, as directed | 6 |
| by the Governor.
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| (h) The Illinois Department of Transportation, in | 8 |
| consultation with
law enforcement agencies, officials, and | 9 |
| organizations, including Illinois
chiefs of police,
the | 10 |
| Department of State Police, the Illinois Sheriffs Association, | 11 |
| and the
Chicago Police
Department, and community groups and | 12 |
| other experts, shall undertake a study to
determine the best | 13 |
| use of technology to collect, compile, and analyze the
traffic | 14 |
| stop
statistical study data required by this Section. The | 15 |
| Department shall report
its findings
and recommendations to the | 16 |
| Governor and the General Assembly by March 1,
2004. | 17 |
| (i) This Section is repealed on July 1, 2010.
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| (Source: P.A. 93-209, eff. 7-18-03.)
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| Section 99. Effective date. This Act takes effect January | 20 |
| 1, 2007, except that the Racial Profiling Prevention and Data | 21 |
| Oversight Act takes effect January 1, 2008. |
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