Full Text of HB0229 100th General Assembly
HB0229ham001 100TH GENERAL ASSEMBLY | Rep. André Thapedi Filed: 3/23/2017
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| 1 | | AMENDMENT TO HOUSE BILL 229
| 2 | | AMENDMENT NO. ______. Amend House Bill 229 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Eliminate Racial Profiling Act. | 6 | | Section 5. Definitions. As used in this Act: | 7 | | "Covered program" means any program or activity funded in | 8 | | whole or in part with funds made available under: | 9 | | (1) the Edward Byrne Memorial Justice Assistance Grant | 10 | | Program under part E of title I of the federal Omnibus | 11 | | Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 | 12 | | et seq.); and | 13 | | (2) the "Cops on the Beat" program under part Q of | 14 | | title I of the federal Omnibus Crime Control and Safe | 15 | | Streets Act of 1968 (42 U.S.C. 3796dd et seq.), except that | 16 | | no program, project, or other activity specified in Section |
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| 1 | | 1701(b)(13) of that part shall be a covered program under | 2 | | this paragraph. | 3 | | "Governmental body" means any department, agency, special | 4 | | purpose district, or other instrumentality of State or local | 5 | | government. | 6 | | "Hit rate" means the percentage of stops and searches in | 7 | | which a law enforcement officer finds drugs, a gun, or other | 8 | | contraband that leads to an arrest. The hit rate is calculated | 9 | | by dividing the total number of searches by the number of | 10 | | searches that yield contraband. The hit rate is complementary | 11 | | to the rate of false stops. | 12 | | "Law enforcement agency" means any State or local public | 13 | | agency engaged in the prevention, detection, or investigation | 14 | | of violations of criminal laws. | 15 | | "Law enforcement agent" means any State or local official | 16 | | responsible for enforcing criminal laws, including police | 17 | | officers and other agents of a law enforcement agency. | 18 | | "Prevailing party" means a person: | 19 | | (1) who obtains some of his or her requested relief | 20 | | through a judicial judgment in his or her favor; | 21 | | (2) who obtains some of his or her requested relief
| 22 | | through any settlement agreement approved by the court; or
| 23 | | (3) whose pursuit of a non-frivolous claim was a
| 24 | | catalyst for a unilateral change in position by the | 25 | | opposing party relative to the relief sought. | 26 | | "Racial profiling" means the practice of a law enforcement |
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| 1 | | agent or agency relying, to any degree, on actual or perceived | 2 | | race, ethnicity, national origin, religion, gender, gender | 3 | | identity, or sexual orientation in selecting which individual | 4 | | to subject to routine or spontaneous investigatory activities | 5 | | or in deciding upon the scope and substance of law enforcement | 6 | | activity following the initial investigatory procedure, except | 7 | | when there is trustworthy information, relevant to the locality | 8 | | and time frame, that links a person with a particular | 9 | | characteristic described in this paragraph to an identified | 10 | | criminal incident or scheme. | 11 | | "Routine or spontaneous investigatory activities" means | 12 | | the following activities by a law enforcement agent: | 13 | | (1) interviews; | 14 | | (2) traffic stops; | 15 | | (3) pedestrian stops; | 16 | | (4) frisks and other types of body searches; | 17 | | (5) consensual or nonconsensual searches of the | 18 | | persons, property, or possessions including vehicles, of | 19 | | individuals using any form of public or private | 20 | | transportation, including motorists and pedestrians; | 21 | | (6) data collection and analysis, assessments, and | 22 | | predicated investigations; or | 23 | | (7) any other types of law enforcement encounters | 24 | | compiled for or by the Department of State Police and the | 25 | | Racial Profiling Prevention and Data Oversight Board under | 26 | | the Racial Profiling Prevention and Data Oversight Act. |
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| 1 | | "Reasonable request" means all requests for information, | 2 | | except for those that: | 3 | | (1) are immaterial to the investigation;
| 4 | | (2) would result in the unnecessary disclosure of | 5 | | personal information; or | 6 | | (3) would place a severe burden on the resources of the | 7 | | law enforcement agency given its size.
| 8 | | "Unit of local government" means: | 9 | | (1) any municipal, county, township, town, village, or | 10 | | other general purpose political subdivision of this State; | 11 | | (2) any law enforcement district or jurisdiction that: | 12 | | (A) is established under applicable State law; and | 13 | | (B) has the authority to, in a manner independent | 14 | | of other State entities, establish a budget and impose | 15 | | taxes. | 16 | | Section 10. Racial profiling prohibition. No law | 17 | | enforcement agent or law enforcement agency shall engage in | 18 | | racial profiling. | 19 | | Section 15. Enforcement. | 20 | | (a) The State or an individual injured by racial profiling, | 21 | | may enforce Section 10 of this Act in a civil action for | 22 | | declaratory or injunctive relief, filed in a State court of | 23 | | competent jurisdiction. | 24 | | (b) In any action brought under this Act, relief may be |
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| 1 | | obtained against: | 2 | | (1) any governmental body that employed any law | 3 | | enforcement agent who engaged in racial profiling; | 4 | | (2) any agent of a governmental body who engaged in | 5 | | racial profiling; and | 6 | | (3) any person with supervisory authority over any law | 7 | | enforcement agent who engaged in racial profiling. | 8 | | (c) Proof that the routine or spontaneous investigatory | 9 | | activities of law enforcement agents in a jurisdiction have had | 10 | | a disparate impact on individuals with a particular racial | 11 | | profiling characteristic shall constitute prima facie evidence | 12 | | of a violation of this Act. | 13 | | (d) Upon motion, a court shall award reasonable attorney's | 14 | | fees and costs, including expert witness fees and other | 15 | | litigation expenses, to a plaintiff who is a prevailing party | 16 | | in any action brought (1) under subsection (b) of this Section; | 17 | | or (2) to enforce a right arising under the Illinois | 18 | | Constitution. In awarding reasonable attorney's fees, the | 19 | | court shall consider the degree to which the relief obtained | 20 | | relates to the relief sought. | 21 | | (e) For purposes of this Act, the State of Illinois waives | 22 | | sovereign immunity. | 23 | | Section 20. Policies to eliminate racial profiling. | 24 | | (a) Law enforcement agencies shall: | 25 | | (1) maintain adequate policies and procedures designed |
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| 1 | | to eliminate racial profiling; and | 2 | | (2) cease existing practices that permit racial | 3 | | profiling. | 4 | | (b) The policies and procedures described in paragraph (1) | 5 | | of subsection (a) shall include: | 6 | | (1) a prohibition on racial profiling; | 7 | | (2) training on racial profiling issues as part of law | 8 | | enforcement training; | 9 | | (3) the collection of data under rules adopted under | 10 | | Section 45 of this Act; | 11 | | (4) procedures for receiving, investigating, and | 12 | | responding meaningfully to complaints alleging racial | 13 | | profiling by law enforcement agents; and | 14 | | (5) any other policies and procedures the Attorney | 15 | | General determines to be necessary to eliminate racial | 16 | | profiling by law enforcement agencies. | 17 | | Section 25. Policies required for grants. | 18 | | (a) An application by a unit of local government or a law | 19 | | enforcement agency for funding under a covered program shall | 20 | | include a certification that the unit of local government or | 21 | | law enforcement agency, and any law enforcement agency to which | 22 | | it will distribute funds: | 23 | | (1) maintains adequate policies and procedures | 24 | | designed to eliminate racial profiling; and | 25 | | (2) has eliminated any existing practices that permit |
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| 1 | | or encourage racial profiling. | 2 | | (b) The policies and procedures described in paragraph (1) | 3 | | of subsection (a) shall include: | 4 | | (1) a prohibition on racial profiling; | 5 | | (2) training on racial profiling issues as part of law | 6 | | enforcement training; | 7 | | (3) the collection of data under the rules adopted by | 8 | | the Attorney General under
Section 45 of this Act; and | 9 | | (4) participation in an administrative complaint | 10 | | procedure or independent audit program that meets the | 11 | | requirements of Section 30 of this Act. | 12 | | Section 30. Attorney General. | 13 | | (a) Not later than 6 months after the effective date of | 14 | | this Act and in consultation with stakeholders, including law | 15 | | enforcement agencies and community, professional, research, | 16 | | and civil rights organizations, the Attorney General shall | 17 | | adopt rules for the operation of administrative complaint | 18 | | procedures and independent audit programs to ensure that the | 19 | | programs and procedures provide an appropriate response to | 20 | | allegations of racial profiling by law enforcement agents or | 21 | | agencies. The rules shall contain guidelines that ensure the | 22 | | fairness, effectiveness, and independence of the | 23 | | administrative complaint procedures and independent auditor | 24 | | programs. | 25 | | (b) If the Attorney General determines that the recipient |
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| 1 | | of a grant from any covered program is not in compliance with | 2 | | the requirements of Section 20 of this Act or any rule adopted | 3 | | under subsection (a) of this Section, the Attorney General | 4 | | shall order the distributing agency to withhold, in whole or in | 5 | | part, at the discretion of the Attorney General, funds for one | 6 | | or more grants to the recipient under the covered program, | 7 | | until the recipient establishes compliance. | 8 | | (c) The Attorney General shall provide notice and an | 9 | | opportunity for private parties to present evidence to the | 10 | | Attorney General that a recipient of a grant from any covered | 11 | | program is not in compliance with the requirements of this Act. | 12 | | Section 35. Data collection. | 13 | | (a) The Attorney General may, through competitive grants or | 14 | | contracts, carry out a 2-year demonstration project for the | 15 | | purpose of developing and implementing data collection | 16 | | programs on the hit rates for stops and searches by law | 17 | | enforcement agencies. The data collected shall be | 18 | | disaggregated by race, ethnicity, national origin, gender, and | 19 | | religion. | 20 | | (1) The Attorney General shall provide not more than 10 | 21 | | grants or contracts under this Section. | 22 | | (2) Grants or contracts under this Section shall be | 23 | | awarded to law enforcement agencies that serve communities | 24 | | in which there is a significant concentration of racial or | 25 | | ethnic minorities and that are not already collecting data |
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| 1 | | voluntarily beyond that which is required under the Traffic | 2 | | Stop Statistical Study Act. | 3 | | (b) Activities carried out with a grant under this Section | 4 | | shall include: | 5 | | (1) developing a data collection tool and reporting the | 6 | | compiled data to the Attorney General; and | 7 | | (2) training of law enforcement personnel on data | 8 | | collection, particularly for data collection on hit rates | 9 | | for stops and searches. | 10 | | (c) Not later than 3 years after the effective date of this | 11 | | Act, the Attorney General shall enter into a contract with a | 12 | | State institution of higher education to analyze the data | 13 | | collected by each of the grantees funded under this Section.
| 14 | | Section 40. Best practices development grants. | 15 | | (a) The Attorney General may make grants to law enforcement | 16 | | agencies and units of local government to develop and implement | 17 | | best practice devices and systems to eliminate racial | 18 | | profiling. | 19 | | (b) The funds provided under subsection (a) of this Section | 20 | | shall be used for programs that include the following purposes: | 21 | | (1) The development and implementation of training to | 22 | | prevent racial profiling and to encourage more respectful | 23 | | interaction with the public. | 24 | | (2) The acquisition and use of technology to facilitate | 25 | | the accurate collection and analysis of data. |
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| 1 | | (3) The development and acquisition of feedback | 2 | | systems and technologies that identify officers or units of | 3 | | officers engaged in, or at risk of engaging in, racial | 4 | | profiling or other misconduct. | 5 | | (4) The establishment and maintenance of an | 6 | | administrative complaint procedure or independent auditor | 7 | | program. | 8 | | (c) The Attorney General shall ensure that grants under | 9 | | this Section are awarded in a manner that reserves an equitable | 10 | | share of funding for small and rural law enforcement agencies. | 11 | | (d) Each law enforcement agency or unit of local government | 12 | | desiring a grant under this Section shall submit an application | 13 | | to the Attorney General at the time, in the manner, and | 14 | | accompanied by the information as the Attorney General may | 15 | | reasonably require. | 16 | | Section 45. Rulemaking. | 17 | | (a) Not later than 6 months after the effective date of | 18 | | this Act, the Attorney General, in consultation with | 19 | | stakeholders, including State and local law enforcement | 20 | | agencies and community, professional, research, and civil | 21 | | rights organizations, shall adopt rules for the collection and | 22 | | compilation of data under Sections 15 and 20 of this Act. | 23 | | (b) The rules adopted under subsection (a) shall: | 24 | | (1) provide for the collection of data on all routine | 25 | | or spontaneous investigatory activities; |
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| 1 | | (2) provide that the data collected shall: | 2 | | (A) be collected by race, ethnicity, national | 3 | | origin, gender, and religion, as perceived by the law | 4 | | enforcement officer; | 5 | | (B) include the date, time, and location of the | 6 | | investigatory activities; | 7 | | (C) include detail sufficient to permit an | 8 | | analysis of whether a law enforcement agency is | 9 | | engaging in racial profiling; and | 10 | | (D) not include personally identifiable | 11 | | information | 12 | | (3) provide that a standardized form shall be made | 13 | | available to law enforcement agencies for the submission of | 14 | | collected data to the Attorney General; | 15 | | (4) provide that law enforcement agencies shall | 16 | | compile data on the standardized form made available under | 17 | | paragraph (3) of this subsection (b), and submit the form | 18 | | to the Attorney General; | 19 | | (5) provide that law enforcement agencies shall | 20 | | maintain all data collected under this Act for not less | 21 | | than 4 years; | 22 | | (6) include guidelines for setting comparative | 23 | | benchmarks, consistent with best practices, against which | 24 | | collected data shall be measured; and | 25 | | (7) provide that the Attorney General shall: | 26 | | (A) analyze the data for any statistically |
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| 1 | | significant disparities, including: | 2 | | (i) disparities in the percentage of drivers | 3 | | or pedestrians stopped relative to the proportion | 4 | | of the population passing through the | 5 | | neighborhood; | 6 | | (ii) disparities in the hit rate; | 7 | | (iii) disparities in the frequency of searches | 8 | | performed on racial or ethnic minority drivers and | 9 | | the frequency of searches performed on | 10 | | non-minority drivers; and | 11 | | (B) not later than 3 years after the effective date | 12 | | of this Act, and annually thereafter: | 13 | | (i) prepare a report regarding the findings of | 14 | | the analysis conducted under subparagraph (A) of | 15 | | this paragraph (7); | 16 | | (ii) provide the report to the General | 17 | | Assembly; and
| 18 | | (iii) make the report available to the public, | 19 | | including on the Attorney General's website. | 20 | | (c) In addition to the rules under subsections (a) and (b) | 21 | | of this Section, the Attorney General may adopt any other rules | 22 | | he or she determines are necessary to implement this Act.
| 23 | | Section 50. Publication of data. The Attorney General shall | 24 | | provide to the General Assembly and make available to the | 25 | | public, together with each annual report described in Section |
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| 1 | | 25, the data collected under this Act, excluding any personally | 2 | | identifiable information.
| 3 | | Section 55. Reports. Not later than 2 years after the | 4 | | effective date of this Act, and annually thereafter, the | 5 | | Attorney General shall submit to the General Assembly a report | 6 | | on racial profiling by law enforcement agencies. Each report | 7 | | submitted shall include: | 8 | | (1) a summary of data collected under paragraph (3) of | 9 | | subsection (b) of Section 15 and paragraph (3) of subsection | 10 | | (b) of Section 20 of this Act and from any other reliable | 11 | | source of information regarding racial profiling in the State; | 12 | | (2) a discussion of the findings in the most recent report | 13 | | prepared by the Attorney General under paragraph (7) of | 14 | | subsection (b) of Section 45 of this Act; | 15 | | (3) the status of the adoption and implementation of | 16 | | policies and procedures by law enforcement agencies under this | 17 | | Act; and | 18 | | (4) a description of any other policies and procedures that | 19 | | the Attorney General believes would facilitate the elimination | 20 | | of racial profiling.
| 21 | | Section 900. The State Lawsuit Immunity Act is amended by | 22 | | changing Section 1 as follows: | 23 | | (745 ILCS 5/1) (from Ch. 127, par. 801)
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| 1 | | Sec. 1. Except as provided in the Illinois Public Labor | 2 | | Relations
Act, the Court of Claims Act, the State Officials and
| 3 | | Employees Ethics Act, the Eliminate Racial Profiling Act, and | 4 | | Section 1.5 of this Act, the State of Illinois shall not be | 5 | | made a
defendant or party in any court.
| 6 | | (Source: P.A. 97-618, eff. 10-26-11.)".
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