Full Text of HB4948 94th General Assembly
HB4948ham002 94TH GENERAL ASSEMBLY
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Rep. Eddie Washington
Filed: 2/23/2006
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09400HB4948ham002 |
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LRB094 18292 HLH 56184 a |
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| AMENDMENT TO HOUSE BILL 4948
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| AMENDMENT NO. ______. Amend House Bill 4948, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| Section 5. The Illinois Vehicle Code is amended by changing | 6 |
| 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) From January 1, 2004 until December 31, 2007,
whenever | 10 |
| a State or local law enforcement officer issues a
uniform | 11 |
| traffic citation or warning citation for an alleged
violation | 12 |
| of the Illinois Vehicle Code, he or she shall
record at least | 13 |
| the following:
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| (1) the name, address, gender, and
the officer's | 15 |
| subjective determination of the race of
the person
stopped; | 16 |
| the person's race shall be selected from the following | 17 |
| 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 | 20 |
| 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;
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| (5) the location of the traffic stop;
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| (6) whether or not a search contemporaneous to the stop |
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| was conducted of
the
vehicle, driver, passenger, or | 2 |
| passengers; and, if so, whether it was with
consent or by | 3 |
| other means; and
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| (7) the name and badge number of the issuing officer.
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| (b) From January 1, 2004 until December 31, 2007,
whenever | 6 |
| a State or local law enforcement officer stops a
motorist for | 7 |
| an alleged violation of the Illinois Vehicle Code
and does not | 8 |
| issue a uniform traffic citation or
warning citation for an | 9 |
| alleged violation of the Illinois
Vehicle Code, he or she shall | 10 |
| complete a uniform stop card, which includes
field
contact | 11 |
| cards, or any other existing form currently used by law | 12 |
| enforcement
containing
information required pursuant to this | 13 |
| Act,
that records
at least the following:
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| (1) the name, address, gender,
and
the officer's | 15 |
| subjective determination of the race of the person
stopped; | 16 |
| the person's race shall be selected from the following | 17 |
| 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;
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| (5) the location of the traffic stop;
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| (6) whether or not a search contemporaneous to the stop | 24 |
| was conducted of
the
vehicle, driver, passenger, or | 25 |
| passengers; and, if so, whether it was with
consent or by | 26 |
| other means; 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 | 29 |
| provide a
standardized law
enforcement data compilation form on | 30 |
| its website.
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| (d) Every law enforcement agency shall, by March 1 in each | 32 |
| of the years
2004,
2005, 2006, and 2007, compile the data | 33 |
| described in subsections (a) and (b) on
the
standardized law | 34 |
| enforcement data compilation form provided by the Illinois
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| Department
of Transportation and transmit the data to the | 2 |
| Department. If a local law enforcement agency neglects or fails | 3 |
| to transmit its data in a timely manner or neglects or fails to | 4 |
| accurately compile and submit data, then the Department of | 5 |
| Transportation shall withhold 1% of the motor fuel tax revenue | 6 |
| otherwise distributed monthly under 35 ILCS 505/8(e) to the | 7 |
| municipality or county of which the local law enforcement | 8 |
| agency is a part until such time as the Department of | 9 |
| Transportation is satisfied that the report has been accurately | 10 |
| complied and submitted. The Department of Transportation shall | 11 |
| adopt any rules as may be necessary to implement the | 12 |
| withholding and subsequent release of motor fuel tax | 13 |
| distributions as authorized under this Section.
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| (e) The Illinois Department of Transportation shall | 15 |
| analyze the data
provided
by law
enforcement agencies required | 16 |
| by this Section and submit a report of the
findings to the
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| Governor, the General Assembly, and each law enforcement agency | 18 |
| no later than
July 1
in each of the years 2005, 2006, 2007, and | 19 |
| 2008. The Illinois Department of
Transportation may contract | 20 |
| with
an outside entity for the analysis of the data provided. | 21 |
| In analyzing the data
collected
under this Section, the | 22 |
| analyzing entity shall scrutinize the data for evidence
of | 23 |
| statistically
significant aberrations. The following list, | 24 |
| which
is illustrative, and not exclusive, contains examples of | 25 |
| areas in which
statistically
significant aberrations may be | 26 |
| found:
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| (1) The percentage of minority drivers or passengers | 28 |
| being stopped in a
given
area
is substantially higher than | 29 |
| 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 | 32 |
| not resulting in
the
issuance of a traffic ticket or the | 33 |
| making of an arrest.
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| (3) A disparity between the proportion of citations |
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| issued to minorities
and
proportion of minorities in the | 2 |
| population.
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| (4) A disparity among the officers of the same law | 4 |
| enforcement agency with
regard to the number of minority | 5 |
| drivers or passengers being stopped in a given
area.
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| (5) A disparity between the frequency of searches | 7 |
| performed on minority
drivers
and the frequency of searches | 8 |
| performed on non-minority drivers.
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| (f) Any law enforcement officer identification information | 10 |
| or driver
identification information
that is
compiled by any | 11 |
| law enforcement agency or the Illinois Department of
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| Transportation
pursuant to this Act for
the purposes of | 13 |
| fulfilling the requirements of this Section shall be
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| confidential and exempt
from
public inspection and copying, as | 15 |
| provided under Section 7 of the Freedom of
Information
Act,
and | 16 |
| the information shall not be transmitted to anyone except as | 17 |
| needed to
comply with
this Section. This Section shall not | 18 |
| exempt those materials that, prior to the
effective date of | 19 |
| this
amendatory Act of the 93rd General Assembly, were | 20 |
| available under the Freedom
of
Information Act.
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| (g) Funding to implement this Section shall come from | 22 |
| federal highway
safety
funds available to Illinois, as directed | 23 |
| by the Governor.
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| (h) The Illinois Department of Transportation, in | 25 |
| consultation with
law enforcement agencies, officials, and | 26 |
| organizations, including Illinois
chiefs of police,
the | 27 |
| Department of State Police, the Illinois Sheriffs Association, | 28 |
| and the
Chicago Police
Department, and community groups and | 29 |
| other experts, shall undertake a study to
determine the best | 30 |
| use of technology to collect, compile, and analyze the
traffic | 31 |
| stop
statistical study data required by this Section. The | 32 |
| Department shall report
its findings
and recommendations to the | 33 |
| Governor and the General Assembly by March 1,
2004.
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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 upon | 2 |
| becoming law.".
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