Full Text of HB1195 97th General Assembly
HB1195eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Police Training Act is amended by | 5 | | changing Section 2 and by adding Section 10.12 as follows:
| 6 | | (50 ILCS 705/2) (from Ch. 85, par. 502)
| 7 | | Sec. 2. Definitions. As used in this Act, unless the | 8 | | context otherwise
requires:
| 9 | | "Board" means the Illinois Law Enforcement Training | 10 | | Standards Board.
| 11 | | "Local governmental agency" means any local governmental | 12 | | unit or
municipal corporation in this State. It does not | 13 | | include the State of
Illinois or any office, officer, | 14 | | department, division, bureau, board,
commission, or agency of | 15 | | the State, except that it does include a
State-controlled | 16 | | university, college or public community college.
| 17 | | "Police training school" means any school located within | 18 | | the State of
Illinois whether privately or publicly owned which | 19 | | offers a course in
police or county corrections training and | 20 | | has been approved by the Board.
| 21 | | "Probationary police officer" means a recruit law | 22 | | enforcement officer
required to successfully complete initial | 23 | | minimum basic training requirements
at a police training school |
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| 1 | | to be eligible for permanent full-time
employment as a local | 2 | | law enforcement officer.
| 3 | | "Probationary part-time police officer" means a recruit | 4 | | part-time law
enforcement officer required to successfully | 5 | | complete initial minimum part-time
training requirements to be | 6 | | eligible for employment on a part-time basis as a
local law | 7 | | enforcement officer.
| 8 | | "Permanent police officer" means a law enforcement officer | 9 | | who has
completed his or her probationary period and is | 10 | | permanently employed on a
full-time basis as a local law | 11 | | enforcement officer by a participating local
governmental unit | 12 | | or as a security officer or campus policeman permanently
| 13 | | employed by a participating State-controlled university, | 14 | | college, or public
community college.
| 15 | | "Part-time police officer" means a law enforcement officer | 16 | | who has
completed his or her probationary period and is | 17 | | employed on a part-time basis
as a law enforcement officer by a | 18 | | participating unit of local government or as
a campus policeman | 19 | | by a participating State-controlled university, college, or
| 20 | | public community college.
| 21 | | "Law enforcement officer" means (i) any police officer of a | 22 | | local governmental
agency who is primarily responsible for
| 23 | | prevention or detection of crime and the enforcement of the | 24 | | criminal code,
traffic, or highway laws of this State or any | 25 | | political subdivision
of this State or (ii) any member of a | 26 | | police force appointed and maintained as provided in Section 2 |
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| 1 | | of the Railroad Police Act.
| 2 | | "Recruit" means any full-time or part-time law
enforcement | 3 | | officer or
full-time
county corrections officer who is enrolled | 4 | | in an
approved training course.
| 5 | | "Probationary county corrections officer" means a recruit | 6 | | county
corrections officer required to successfully complete | 7 | | initial minimum basic
training requirements at a police | 8 | | training school to be eligible for permanent
employment on a | 9 | | full-time basis as a county corrections officer.
| 10 | | "Permanent county corrections officer" means a county | 11 | | corrections
officer who has completed his probationary period | 12 | | and is permanently employed
on a full-time basis as a county | 13 | | corrections officer by a participating
local governmental | 14 | | unit.
| 15 | | "County corrections officer" means any sworn
officer of the | 16 | | sheriff who is primarily responsible for the control and | 17 | | custody
of offenders, detainees or inmates.
| 18 | | "Probationary court security officer" means a recruit | 19 | | court security
officer required to successfully complete | 20 | | initial minimum basic training
requirements at a designated | 21 | | training school to be eligible for employment as a
court | 22 | | security officer.
| 23 | | "Permanent court security officer" means a court security | 24 | | officer who has
completed his or her probationary period and is | 25 | | employed as a court
security officer by a participating local | 26 | | governmental unit.
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| 1 | | "Court security officer" has the meaning ascribed to it in | 2 | | Section 3-6012.1
of the Counties Code.
| 3 | | (Source: P.A. 94-846, eff. 1-1-07.)
| 4 | | (50 ILCS 705/10.12 new) | 5 | | Sec. 10.12. Police dog training standards. Beginning July | 6 | | 1, 2012, all police dogs used by State and local law | 7 | | enforcement agencies for drug enforcement purposes pursuant to | 8 | | the Cannabis Control Act (720 ILCS 550/), the Illinois | 9 | | Controlled Substances Act (720 ILCS 570/), and the | 10 | | Methamphetamine Control and Community Protection Act (720 ILCS | 11 | | 646/) shall be trained by programs that meet the minimum | 12 | | certification requirements set by the Board. | 13 | | Section 10. The Illinois Vehicle Code is amended by | 14 | | changing Section 11-212 as follows:
| 15 | | (625 ILCS 5/11-212)
| 16 | | (Section scheduled to be repealed on July 1, 2015)
| 17 | | Sec. 11-212. Traffic stop statistical study.
| 18 | | (a) Whenever a State or local law enforcement officer | 19 | | issues a
uniform traffic citation or warning citation for an | 20 | | alleged
violation of the Illinois Vehicle Code, he or she shall
| 21 | | record at least the following:
| 22 | | (1) the name, address, gender, and
the officer's | 23 | | subjective determination of the race of
the person
stopped; |
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| 1 | | the person's race shall be selected from the following | 2 | | list:
Caucasian, African-American, Hispanic, Native
| 3 | | American/Alaska Native,
or Asian/Pacific Islander;
| 4 | | (2) the alleged traffic violation that led to the
stop | 5 | | of the motorist;
| 6 | | (3) the make and year of the vehicle
stopped;
| 7 | | (4) the date and time of the stop, beginning when the | 8 | | vehicle was stopped and ending when the driver is free to | 9 | | leave or taken into physical custody;
| 10 | | (5) the location of the traffic stop; | 11 | | (5.5) whether or not a consent search contemporaneous | 12 | | to the stop was requested of the vehicle, driver, | 13 | | passenger, or passengers; and, if so, whether consent was | 14 | | given or denied;
| 15 | | (6) whether or not a search contemporaneous to the stop | 16 | | was conducted of
the
vehicle, driver, passenger, or | 17 | | passengers; and, if so, whether it was with
consent or by | 18 | | other means; | 19 | | (6.2) whether or not a police dog performed a sniff of | 20 | | the vehicle; and, if so, whether or not the dog alerted to | 21 | | the presence of contraband; and, if so, whether or not an | 22 | | officer searched the vehicle; and, if so, whether or not | 23 | | contraband was discovered; and, if so, the type and amount | 24 | | of contraband; | 25 | | (6.5) whether or not contraband was found during a | 26 | | search; and, if so, the type and amount of contraband |
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| 1 | | seized; and
| 2 | | (7) the name and badge number of the issuing officer.
| 3 | | (b) Whenever a State or local law enforcement officer stops | 4 | | a
motorist for an alleged violation of the Illinois Vehicle | 5 | | Code
and does not issue a uniform traffic citation or
warning | 6 | | citation for an alleged violation of the Illinois
Vehicle Code, | 7 | | he or she shall complete a uniform stop card, which includes
| 8 | | field
contact cards, or any other existing form currently used | 9 | | by law enforcement
containing
information required pursuant to | 10 | | this Act,
that records
at least the following:
| 11 | | (1) the name, address, gender,
and
the officer's | 12 | | subjective determination of the race of the person
stopped; | 13 | | the person's race shall be selected from the following | 14 | | list:
Caucasian, African-American, Hispanic, Native
| 15 | | American/Alaska
Native, or Asian/Pacific Islander;
| 16 | | (2) the reason that led to the stop of the
motorist;
| 17 | | (3) the make and year of the vehicle
stopped;
| 18 | | (4) the date and time of the stop, beginning when the | 19 | | vehicle was stopped and ending when the driver is free to | 20 | | leave or taken into physical custody;
| 21 | | (5) the location of the traffic stop; | 22 | | (5.5) whether or not a consent search contemporaneous | 23 | | to the stop was requested of the vehicle, driver, | 24 | | passenger, or passengers; and, if so, whether consent was | 25 | | given or denied;
| 26 | | (6) whether or not a search contemporaneous to the stop |
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| 1 | | was conducted of
the
vehicle, driver, passenger, or | 2 | | passengers; and, if so, whether it was with
consent or by | 3 | | other means; | 4 | | (6.2) whether or not a police dog performed a sniff of | 5 | | the vehicle; and, if so, whether or not the dog alerted to | 6 | | the presence of contraband; and, if so, whether or not an | 7 | | officer searched the vehicle; and, if so, whether or not | 8 | | contraband was discovered; and, if so, the type and amount | 9 | | of contraband; | 10 | | (6.5) whether or not contraband was found during a | 11 | | search; and, if so, the type and amount of contraband | 12 | | seized; and
| 13 | | (7) the name and badge number of the issuing
officer.
| 14 | | (c) The Illinois Department of Transportation shall | 15 | | provide a
standardized law
enforcement data compilation form on | 16 | | its website.
| 17 | | (d) Every law enforcement agency shall, by March 1 with | 18 | | regard to data collected during July through December of the | 19 | | previous calendar year and by August 1 with regard to data | 20 | | collected during January through June of the current calendar | 21 | | year, compile the data described in subsections (a) and (b) on
| 22 | | the
standardized law enforcement data compilation form | 23 | | provided by the Illinois
Department
of Transportation and | 24 | | transmit the data to the Department.
| 25 | | (e) The Illinois Department of Transportation shall | 26 | | analyze the data
provided
by law
enforcement agencies required |
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| 1 | | by this Section and submit a report of the
previous year's
| 2 | | findings to the
Governor, the General Assembly, the Racial | 3 | | Profiling Prevention and Data Oversight Board, and each law | 4 | | enforcement agency no later than
July 1
of each year. The | 5 | | Illinois Department of
Transportation may contract with
an | 6 | | outside entity for the analysis of the data provided. In | 7 | | analyzing the data
collected
under this Section, the analyzing | 8 | | entity shall scrutinize the data for evidence
of statistically
| 9 | | significant aberrations. The following list, which
is | 10 | | illustrative, and not exclusive, contains examples of areas in | 11 | | which
statistically
significant aberrations may be found:
| 12 | | (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
| 15 | | through the area that the minority constitutes.
| 16 | | (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.
| 19 | | (3) A disparity between the proportion of citations | 20 | | issued to minorities
and
proportion of minorities in the | 21 | | population.
| 22 | | (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.
| 25 | | (5) A disparity between the frequency of searches | 26 | | performed on minority
drivers
and the frequency of searches |
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| 1 | | performed on non-minority drivers.
| 2 | | (f) Any law enforcement officer identification information | 3 | | or driver
identification information
that is
compiled by any | 4 | | law enforcement agency or the Illinois Department of
| 5 | | Transportation
pursuant to this Act for
the purposes of | 6 | | fulfilling the requirements of this Section shall be
| 7 | | confidential and exempt
from
public inspection and copying, as | 8 | | provided under Section 7 of the Freedom of
Information
Act,
and | 9 | | the information shall not be transmitted to anyone except as | 10 | | needed to
comply with
this Section. This Section shall not | 11 | | exempt those materials that, prior to the
effective date of | 12 | | this
amendatory Act of the 93rd General Assembly, were | 13 | | available under the Freedom
of
Information Act. This subsection | 14 | | (f) shall not preclude law enforcement agencies from reviewing | 15 | | data to perform internal reviews.
| 16 | | (g) Funding to implement this Section shall come from | 17 | | federal highway
safety
funds available to Illinois, as directed | 18 | | by the Governor.
| 19 | | (h) The Illinois Department of Transportation, in | 20 | | consultation with
law enforcement agencies, officials, and | 21 | | organizations, including Illinois
chiefs of police,
the | 22 | | Department of State Police, the Illinois Sheriffs Association, | 23 | | and the
Chicago Police
Department, and community groups and | 24 | | other experts, shall undertake a study to
determine the best | 25 | | use of technology to collect, compile, and analyze the
traffic | 26 | | stop
statistical study data required by this Section. The |
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| 1 | | Department shall report
its findings
and recommendations to the | 2 | | Governor and the General Assembly by March 1,
2004. | 3 | | (i) This Section is repealed on July 1, 2015.
| 4 | | (Source: P.A. 95-290, eff. 8-20-07; 96-658, eff. 1-1-10.)
| 5 | | Section 99. Effective date. This Act takes effect July 1, | 6 | | 2012.
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