Full Text of SB2368 94th General Assembly
SB2368sam001 94TH GENERAL ASSEMBLY
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Sen. Kwame Raoul
Filed: 2/28/2006
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| AMENDMENT TO SENATE BILL 2368
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| AMENDMENT NO. ______. Amend Senate Bill 2368 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Racial 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. |
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| Section 15. Oversight Board.
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| (a) There is created within the Department a Racial | 3 |
| Profiling Prevention and Data Oversight Board, consisting of 28 | 4 |
| members, which shall independently exercise its powers, | 5 |
| duties, and responsibilities. The Board shall have the | 6 |
| authority to allow additional participation from various | 7 |
| groups that the Board deems necessary for additional input. | 8 |
| (b) The membership of the Oversight Board shall consist of: | 9 |
| (1) 4 legislators appointed by the General Assembly | 10 |
| leadership equally apportioned between the 2 houses and | 11 |
| political parties; | 12 |
| (2) the Attorney General or his or her designee; | 13 |
| (3) the Secretary of the Illinois Department of | 14 |
| Transportation or his or her designee; | 15 |
| (4) the Director of the Illinois State Police or his or | 16 |
| her designee; | 17 |
| (5) the Superintendent of the Chicago Police | 18 |
| Department or his or her designee; | 19 |
| (6) 2 police chiefs representing jurisdictions of | 20 |
| varied size and geography appointed by the Illinois | 21 |
| Association of Chiefs of Police; | 22 |
| (7) 2 sheriffs representing jurisdictions of varied | 23 |
| size and geography appointed by the Illinois Sheriffs' | 24 |
| Association; | 25 |
| (8) a representative appointed by Illinois Law | 26 |
| Enforcement Training and Standards Board; | 27 |
| (9) a representative appointed by the Illinois | 28 |
| Fraternal Order of Police; | 29 |
| (10) a representative appointed by the Cook County | 30 |
| State's Attorney Office; | 31 |
| (11) a representative appointed by the Cook County | 32 |
| Public Defender; | 33 |
| (12) a representative appointed by the State's |
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| Attorneys Appellate Prosecutor; | 2 |
| (13) a representative appointed by the State Appellate | 3 |
| Defender; | 4 |
| (14) a representative appointed by the American Civil | 5 |
| Liberties Union of Illinois; | 6 |
| (15) a representative of the Mexican American Legal | 7 |
| Defense and Education Fund; | 8 |
| (16) a representative of Operation P.U.S.H.; | 9 |
| (17) a representative of the Illinois Conference of | 10 |
| NAACP Chapters; | 11 |
| (18) a representative of the Council on | 12 |
| American-Islamic Relations; | 13 |
| (19) a representative of the League of United Latin | 14 |
| American Citizens; and | 15 |
| (20) the following members appointed by the Governor: | 16 |
| (A) 2 members of the general public; and | 17 |
| (B) 2 members of the Illinois academic community | 18 |
| with specific expertise in both statistical analysis | 19 |
| and law enforcement. | 20 |
| Section 20. Governing Board. From the membership of the | 21 |
| Board, the Governor shall designate the chair and vice chair of | 22 |
| the Governing Board, who shall serve at the discretion of the | 23 |
| Governor. Members appointed by the Governor shall serve at the | 24 |
| discretion of the Governor for a term not to exceed 2 years. | 25 |
| All members may be reappointed for an unlimited number of | 26 |
| terms. The Governing Board shall meet at least quarterly. | 27 |
| Section 25. Funding. Funding to implement this Act shall be | 28 |
| appropriated by the General Assembly to the Department. | 29 |
| Section 30. Compensation. Members of the Governing Board | 30 |
| shall serve without compensation. Members may be reimbursed by | 31 |
| the Department for reasonable expenses incurred in connection |
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| with their duties. | 2 |
| Section 35. Staffing. The Secretary of the Department shall | 3 |
| employ or assign, in accordance with the provisions of the | 4 |
| Illinois Personnel Code, the administrative, professional, | 5 |
| clerical, and other personnel required and may organize his or | 6 |
| her staff as may be appropriate to effectuate the purposes, | 7 |
| powers, duties, and responsibilities contained in this Act. | 8 |
| Section 40. Powers and duties of the Governing Board. The | 9 |
| Governing Board shall have the following powers, duties, and | 10 |
| responsibilities: | 11 |
| (a) To comply with the requirements of applicable federal | 12 |
| or State laws or regulations and adopt rules consistent with | 13 |
| this Act as allowed by the Illinois Administrative Procedure | 14 |
| Act (IAPA) through the Joint Committee on Administrative Rules | 15 |
| (JCAR). | 16 |
| (b) To coordinate the development, adoption, and | 17 |
| implementation of plans and strategies to eliminate racial | 18 |
| profiling in Illinois.
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| (c) To study, recommend, and promulgate data collection | 20 |
| requirements regarding additional race/ethnicity categories to | 21 |
| be added to the traffic stop statistical study in order to | 22 |
| improve data collection among unreported/under-reported | 23 |
| minority populations. The board shall study and recommend if | 24 |
| required, at a minimum, data collection strategies, | 25 |
| categories, and benchmarks for persons of Middle-Eastern | 26 |
| origin. | 27 |
| (d) To study stops lasting over 30 minutes and define | 28 |
| categorical reasons for the extended stops. | 29 |
| (e) To study, recommend, and report to the Governor, | 30 |
| Illinois Secretary of State, and the General Assembly, no later | 31 |
| than December 1, 2006, strategies to improve the benchmark data | 32 |
| available to identify the race, ethnicity, and geographical |
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| residence of the Illinois' driving population beginning on | 2 |
| January 1, 2007, with the collection of race/ethnicity data on | 3 |
| driver's license new-applicant/renewals. This data shall be | 4 |
| available for statistical benchmark comparison purposes only. | 5 |
| (f) To coordinate the development, adoption, and | 6 |
| implementation of public awareness programs in the minority | 7 |
| communities designed to educate individuals regarding racial | 8 |
| profiling and their civil rights. | 9 |
| (g) To promulgate model policies for police agencies that | 10 |
| are designed to protect individuals' civil rights related to | 11 |
| police traffic enforcement. | 12 |
| (h) To adopt rules as may be necessary to effectuate | 13 |
| training regarding data collection and mechanisms to engage | 14 |
| those agencies who willfully fail to comply with the | 15 |
| requirements of the Traffic Stop Statistical Study Act. | 16 |
| (i) To study, recommend, and report no later than July 1, | 17 |
| 2007 on technological solutions to aid in the identification, | 18 |
| elimination, and prevention of racial profiling and to | 19 |
| recommend funding sources for statewide implementation of the | 20 |
| technological solutions. | 21 |
| (j) To report annually, on or before April 1 of each year, | 22 |
| to the Governor and the General Assembly on the Governing | 23 |
| Board's activities in the preceding fiscal year. | 24 |
| (k) To study whether Illinois should continue the mandatory | 25 |
| data collection required under this Act as well as the best | 26 |
| practices of data collection as related to the identification, | 27 |
| elimination, and prevention of bias-based policing and report | 28 |
| its findings and recommendations to the Governor and the | 29 |
| General Assembly by July 1, 2008.
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| Section 90. The Illinois Vehicle Code is amended by | 31 |
| 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 | 6 |
| at least the following:
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| (1) the name, address, gender, and
the officer's | 8 |
| subjective determination of the race of
the person
stopped; | 9 |
| the person's race shall be selected from the following | 10 |
| 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 | 13 |
| 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 | 16 |
| vehicle was stopped and ending when the driver is free to | 17 |
| leave or taken into physical custody ;
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| (5) the location of the traffic stop; | 19 |
| (5.5) whether or not a consent search contemporaneous | 20 |
| to the stop was requested of the vehicle, driver, | 21 |
| passenger, or passengers; and, if so, whether consent was | 22 |
| given or denied;
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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 | 27 |
| (6.5) whether or not contraband was found during a | 28 |
| search; and, if so, the type and amount of contraband | 29 |
| 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 |
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| citation for an alleged violation of the Illinois
Vehicle Code, | 2 |
| 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 | 4 |
| by law enforcement
containing
information required pursuant to | 5 |
| this Act,
that records
at least the following:
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| (1) the name, address, gender,
and
the officer's | 7 |
| subjective determination of the race of the person
stopped; | 8 |
| the person's race shall be selected from the following | 9 |
| 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 | 14 |
| vehicle was stopped and ending when the driver is free to | 15 |
| leave or taken into physical custody ;
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| (5) the location of the traffic stop; | 17 |
| (5.5) whether or not a consent search contemporaneous | 18 |
| to the stop was requested of the vehicle, driver, | 19 |
| passenger, or passengers; and, if so, whether consent was | 20 |
| given or denied;
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| (6) whether or not a search contemporaneous to the stop | 22 |
| was conducted of
the
vehicle, driver, passenger, or | 23 |
| passengers; and, if so, whether it was with
consent or by | 24 |
| other means; and | 25 |
| (6.5) whether or not contraband was found during a | 26 |
| search; and, if so, the type and amount of contraband | 27 |
| 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 | 30 |
| provide a
standardized law
enforcement data compilation form on | 31 |
| its website.
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| (d) Every law enforcement agency shall, by March 1 with | 33 |
| regard to data collected during July through December of the | 34 |
| previous calendar year and by August 1 with regard to data |
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| collected during January through June of the current calendar | 2 |
| year
in each of the years
2004,
2005, 2006, and 2007 , compile | 3 |
| the data described in subsections (a) and (b) on
the
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| standardized law enforcement data compilation form provided by | 5 |
| the Illinois
Department
of Transportation and transmit the data | 6 |
| to the Department.
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| (e) The Illinois Department of Transportation shall | 8 |
| analyze the data
provided
by law
enforcement agencies required | 9 |
| 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 | 11 |
| Profiling Prevention and Data Oversight Board, and each law | 12 |
| enforcement agency no later than
July 1
of each year
in each of | 13 |
| the years 2005, 2006, 2007, and 2008 . The Illinois Department | 14 |
| of
Transportation may contract with
an outside entity for the | 15 |
| analysis of the data provided. In analyzing the data
collected
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| under this Section, the analyzing entity shall scrutinize the | 17 |
| data for evidence
of statistically
significant aberrations. | 18 |
| The following list, which
is illustrative, and not exclusive, | 19 |
| contains examples of areas in which
statistically
significant | 20 |
| aberrations may be found:
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| (1) The percentage of minority drivers or passengers | 22 |
| being stopped in a
given
area
is substantially higher than | 23 |
| 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 | 26 |
| not resulting in
the
issuance of a traffic ticket or the | 27 |
| making of an arrest.
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| (3) A disparity between the proportion of citations | 29 |
| issued to minorities
and
proportion of minorities in the | 30 |
| population.
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| (4) A disparity among the officers of the same law | 32 |
| enforcement agency with
regard to the number of minority | 33 |
| drivers or passengers being stopped in a given
area.
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| (5) A disparity between the frequency of searches |
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| performed on minority
drivers
and the frequency of searches | 2 |
| performed on non-minority drivers.
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| (f) Any law enforcement officer identification information | 4 |
| or driver
identification information
that is
compiled by any | 5 |
| law enforcement agency or the Illinois Department of
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| Transportation
pursuant to this Act for
the purposes of | 7 |
| fulfilling the requirements of this Section shall be
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| confidential and exempt
from
public inspection and copying, as | 9 |
| provided under Section 7 of the Freedom of
Information
Act,
and | 10 |
| the information shall not be transmitted to anyone except as | 11 |
| needed to
comply with
this Section. This Section shall not | 12 |
| exempt those materials that, prior to the
effective date of | 13 |
| this
amendatory Act of the 93rd General Assembly, were | 14 |
| available under the Freedom
of
Information Act.
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| (g) Funding to implement this Section shall come from | 16 |
| federal highway
safety
funds available to Illinois, as directed | 17 |
| by the Governor.
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| (h) The Illinois Department of Transportation, in | 19 |
| consultation with
law enforcement agencies, officials, and | 20 |
| organizations, including Illinois
chiefs of police,
the | 21 |
| Department of State Police, the Illinois Sheriffs Association, | 22 |
| and the
Chicago Police
Department, and community groups and | 23 |
| other experts, shall undertake a study to
determine the best | 24 |
| use of technology to collect, compile, and analyze the
traffic | 25 |
| stop
statistical study data required by this Section. The | 26 |
| Department shall report
its findings
and recommendations to the | 27 |
| Governor and the General Assembly by March 1,
2004. | 28 |
| (i) The Racial Profiling Prevention and Data Oversight | 29 |
| Board shall undertake a study to determine the best use of | 30 |
| technology to collect, compile, and analyze the traffic stop | 31 |
| statistical study data required by this Section as well as | 32 |
| strategies to fund implementation of recommended technologies. | 33 |
| The Board shall report its findings and recommendations to the | 34 |
| Governor and the General Assembly by July 1, 2007. |
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| (j) The Racial Profiling Prevention and Data Oversight | 2 |
| Board shall undertake a comprehensive study to determine | 3 |
| whether Illinois should continue the mandatory data collection | 4 |
| required under this Section as well as the best practices of | 5 |
| data collection as related to the identification, elimination, | 6 |
| and prevention of bias-based policing. The Board shall report | 7 |
| its findings and recommendations to the Governor and the | 8 |
| General Assembly by July 1, 2008.
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| (k) 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 upon | 12 |
| becoming law, except that the changes to Section 11-212 of the | 13 |
| Illinois Vehicle Code take effect January 1, 2007.".
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