Full Text of SB2369 100th General Assembly
SB2369sam001 100TH GENERAL ASSEMBLY | Sen. Kwame Raoul Filed: 5/2/2018
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| 1 | | AMENDMENT TO SENATE BILL 2369
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2369 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Uniform Peace Officers' Disciplinary Act is | 5 | | amended by adding Section 7.2 as follows: | 6 | | (50 ILCS 725/7.2 new) | 7 | | Sec. 7.2. Possession of a Firearm Owner's Identification | 8 | | Card. An employer of an officer shall not make possession of a | 9 | | Firearm Owner's Identification Card a condition of continued | 10 | | employment. | 11 | | Section 10. The Illinois Municipal Code is amended by | 12 | | changing Section 11-1-12 as follows: | 13 | | (65 ILCS 5/11-1-12) | 14 | | Sec. 11-1-12. Quotas prohibited. A municipality may not |
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| 1 | | require a police officer to issue a specific number of | 2 | | citations within a designated period of time. This prohibition | 3 | | shall not affect the conditions of any federal or State grants | 4 | | or funds awarded to the municipality and used to fund traffic | 5 | | enforcement programs. | 6 | | A municipality may not, for purposes of evaluating a police | 7 | | officer's job performance, compare the number of
citations | 8 | | issued by the police officer
to the number of citations issued | 9 | | by any other police officer who has similar job duties. Nothing | 10 | | in this Section shall prohibit a municipality from evaluating a | 11 | | police officer based on the police officer's points of contact. | 12 | | For the purposes of this Section, "points of contact" means any | 13 | | quantifiable contact made in the furtherance of the police | 14 | | officer's duties, including, but not limited to, the number of | 15 | | traffic stops completed, arrests, written warnings, and crime | 16 | | prevention measures. Points of contact shall not include either | 17 | | the issuance of citations or the number of citations issued by | 18 | | a police officer. | 19 | | This Section shall not apply to a municipality subject to | 20 | | Section 10-1-18.1 of this Code with its own independent | 21 | | inspector general and law enforcement review authority. | 22 | | A home rule municipality may not establish requirements for | 23 | | or assess the performance of police officers in a manner | 24 | | inconsistent with this Section. This Section is a denial and | 25 | | limitation of home rule powers and functions under subsection | 26 | | (g) of Section 6 of Article VII of the Illinois Constitution.
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| 1 | | (Source: P.A. 98-650, eff. 1-1-15 .) | 2 | | Section 15. The Illinois Vehicle Code is amended by | 3 | | changing Section 11-212 as follows:
| 4 | | (625 ILCS 5/11-212)
| 5 | | (Section scheduled to be repealed on July 1, 2019)
| 6 | | Sec. 11-212. Traffic and pedestrian stop statistical | 7 | | study.
| 8 | | (a) Whenever a State or local law enforcement officer | 9 | | issues a
uniform traffic citation or warning citation for an | 10 | | alleged
violation of the Illinois Vehicle Code, he or she shall
| 11 | | record at least the following:
| 12 | | (1) the name, address, gender, and
the officer's | 13 | | subjective determination of the race of
the person
stopped; | 14 | | the person's race shall be selected from the following | 15 | | list:
American Indian or Alaska Native, Asian, Black or | 16 | | African American, Hispanic or Latino, Native Hawaiian or | 17 | | Other Pacific Islander, or White;
| 18 | | (2) the alleged traffic violation that led to the
stop | 19 | | of the motorist;
| 20 | | (3) the make and year of the vehicle
stopped;
| 21 | | (4) the date and time of the stop, beginning when the | 22 | | vehicle was stopped and ending when the driver is free to | 23 | | leave or taken into physical custody;
| 24 | | (5) the location of the traffic stop; |
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| 1 | | (5.5) whether or not a consent search contemporaneous | 2 | | to the stop was requested of the vehicle, driver, | 3 | | passenger, or passengers; and, if so, whether consent was | 4 | | given or denied;
| 5 | | (6) whether or not a search contemporaneous to the stop | 6 | | was conducted of
the
vehicle, driver, passenger, or | 7 | | passengers; and, if so, whether it was with
consent or by | 8 | | other means; | 9 | | (6.2) whether or not a police dog performed a sniff of | 10 | | the vehicle; and, if so, whether or not the dog alerted to | 11 | | the presence of contraband; and, if so, whether or not an | 12 | | officer searched the vehicle; and, if so, whether or not | 13 | | contraband was discovered; and, if so, the type and amount | 14 | | of contraband; | 15 | | (6.5) whether or not contraband was found during a | 16 | | search; and, if so, the type and amount of contraband | 17 | | seized; and
| 18 | | (7) the name and badge number of the issuing officer.
| 19 | | (b) Whenever a State or local law enforcement officer stops | 20 | | a
motorist for an alleged violation of the Illinois Vehicle | 21 | | Code
and does not issue a uniform traffic citation or
warning | 22 | | citation for an alleged violation of the Illinois
Vehicle Code, | 23 | | he or she shall complete a uniform stop card, which includes
| 24 | | field
contact cards, or any other existing form currently used | 25 | | by law enforcement
containing
information required pursuant to | 26 | | this Act,
that records
at least the following:
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| 1 | | (1) the name, address, gender,
and
the officer's | 2 | | subjective determination of the race of the person
stopped; | 3 | | the person's race shall be selected from the following | 4 | | list:
American Indian or Alaska Native, Asian, Black or | 5 | | African American, Hispanic or Latino, Native Hawaiian or | 6 | | Other Pacific Islander, or White;
| 7 | | (2) the reason that led to the stop of the
motorist;
| 8 | | (3) the make and year of the vehicle
stopped;
| 9 | | (4) the date and time of the stop, beginning when the | 10 | | vehicle was stopped and ending when the driver is free to | 11 | | leave or taken into physical custody;
| 12 | | (5) the location of the traffic stop; | 13 | | (5.5) whether or not a consent search contemporaneous | 14 | | to the stop was requested of the vehicle, driver, | 15 | | passenger, or passengers; and, if so, whether consent was | 16 | | given or denied;
| 17 | | (6) whether or not a search contemporaneous to the stop | 18 | | was conducted of
the
vehicle, driver, passenger, or | 19 | | passengers; and, if so, whether it was with
consent or by | 20 | | other means; | 21 | | (6.2) whether or not a police dog performed a sniff of | 22 | | the vehicle; and, if so, whether or not the dog alerted to | 23 | | the presence of contraband; and, if so, whether or not an | 24 | | officer searched the vehicle; and, if so, whether or not | 25 | | contraband was discovered; and, if so, the type and amount | 26 | | of contraband; |
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| 1 | | (6.5) whether or not contraband was found during a | 2 | | search; and, if so, the type and amount of contraband | 3 | | seized; and
| 4 | | (7) the name and badge number of the issuing
officer.
| 5 | | (b-5) For purposes of this subsection (b-5), "detention" | 6 | | means all frisks, searches, summons, and arrests. Whenever a | 7 | | law enforcement officer subjects a pedestrian to detention in a | 8 | | public place, he or she shall complete a uniform pedestrian | 9 | | stop card, which includes any existing form currently used by | 10 | | law enforcement containing all the information required under | 11 | | this Section, that records at least the following: | 12 | | (1) the gender, and the officer's subjective | 13 | | determination of the race of the person stopped; the | 14 | | person's race shall be selected from the following list: | 15 | | American Indian or Alaska Native, Asian, Black or African | 16 | | American, Hispanic or Latino, Native Hawaiian or Other | 17 | | Pacific Islander, or White; | 18 | | (2) all the alleged reasons that led to the stop of the | 19 | | person; | 20 | | (3) the date and time of the stop; | 21 | | (4) the location of the stop; | 22 | | (5) whether or not a protective pat down or frisk was | 23 | | conducted of the person; and, if so, all the alleged | 24 | | reasons that led to the protective pat down or frisk, and | 25 | | whether it was with consent or by other means; | 26 | | (6) whether or not contraband was found during the |
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| 1 | | protective pat down or frisk; and, if so, the type and | 2 | | amount of contraband seized; | 3 | | (7) whether or not a search beyond a protective pat | 4 | | down or frisk was conducted of the person or his or her | 5 | | effects; and, if so, all the alleged reasons that led to | 6 | | the search, and whether it was with consent or by other | 7 | | means; | 8 | | (8) whether or not contraband was found during the | 9 | | search beyond a protective pat down or frisk; and, if so, | 10 | | the type and amount of contraband seized; | 11 | | (9) the disposition of the stop, such as a warning, a | 12 | | ticket, a summons, or an arrest; | 13 | | (10) if a summons or ticket was issued, or an arrest | 14 | | made, a record of the violations, offenses, or crimes | 15 | | alleged or charged; and | 16 | | (11) the name and badge number of the officer who | 17 | | conducted the detention. | 18 | | This subsection (b-5) does not apply to searches or | 19 | | inspections for compliance authorized under the Fish and | 20 | | Aquatic Life Code, the Wildlife Code, the Herptiles-Herps Act, | 21 | | or searches or inspections during routine security screenings | 22 | | at facilities or events. | 23 | | (c) The Illinois Department of Transportation shall | 24 | | provide a
standardized law
enforcement data compilation form on | 25 | | its website.
| 26 | | (d) Every law enforcement agency shall, by March 1 with |
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| 1 | | regard to data collected during July through December of the | 2 | | previous calendar year and by August 1 with regard to data | 3 | | collected during January through June of the current calendar | 4 | | year, compile the data described in subsections (a), (b), and | 5 | | (b-5) on
the
standardized law enforcement data compilation form | 6 | | provided by the Illinois
Department
of Transportation and | 7 | | transmit the data to the Department.
| 8 | | (e) The Illinois Department of Transportation shall | 9 | | analyze the data
provided
by law
enforcement agencies required | 10 | | by this Section and submit a report of the
previous year's
| 11 | | findings to the
Governor, the General Assembly, the Racial | 12 | | Profiling Prevention and Data Oversight Board, and each law | 13 | | enforcement agency no later than
July 1
of each year. The | 14 | | Illinois Department of
Transportation may contract with
an | 15 | | outside entity for the analysis of the data provided. In | 16 | | analyzing the data
collected
under this Section, the analyzing | 17 | | entity shall scrutinize the data for evidence
of statistically
| 18 | | significant aberrations. The following list, which
is | 19 | | illustrative, and not exclusive, contains examples of areas in | 20 | | which
statistically
significant aberrations may be found:
| 21 | | (1) The percentage of minority drivers, passengers, or | 22 | | pedestrians being stopped in a
given
area
is substantially | 23 | | higher than the proportion of the overall population in or
| 24 | | traveling
through the area that the minority constitutes.
| 25 | | (2) A substantial number of false stops including stops | 26 | | not resulting in
the
issuance of a traffic ticket or the |
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| 1 | | making of an arrest.
| 2 | | (3) A disparity between the proportion of citations | 3 | | issued to minorities
and
proportion of minorities in the | 4 | | population.
| 5 | | (4) A disparity among the officers of the same law | 6 | | enforcement agency with
regard to the number of minority | 7 | | drivers, passengers, or pedestrians being stopped in a | 8 | | given
area.
| 9 | | (5) A disparity between the frequency of searches | 10 | | performed on minority
drivers or pedestrians
and the | 11 | | frequency of searches performed on non-minority drivers or | 12 | | pedestrians.
| 13 | | (f) Any law enforcement officer identification information | 14 | | and driver or pedestrian
identification information
that is
| 15 | | compiled by any law enforcement agency or the Illinois | 16 | | Department of
Transportation
pursuant to this Act for
the | 17 | | purposes of fulfilling the requirements of this Section shall | 18 | | be
confidential and exempt
from
public inspection and copying, | 19 | | as provided under Section 7 of the Freedom of
Information
Act,
| 20 | | and the information shall not be transmitted to anyone except | 21 | | as needed to
comply with
this Section. This Section shall not | 22 | | exempt those materials that, prior to the
effective date of | 23 | | this
amendatory Act of the 93rd General Assembly, were | 24 | | available under the Freedom
of
Information Act. This subsection | 25 | | (f) shall not preclude law enforcement agencies from reviewing | 26 | | data to perform internal reviews.
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| 1 | | (g) Funding to implement this Section shall come from | 2 | | federal highway
safety
funds available to Illinois, as directed | 3 | | by the Governor.
| 4 | | (h) The Illinois Department of Transportation, in | 5 | | consultation with
law enforcement agencies, officials, and | 6 | | organizations, including Illinois
chiefs of police,
the | 7 | | Department of State Police, the Illinois Sheriffs Association, | 8 | | and the
Chicago Police
Department, and community groups and | 9 | | other experts, shall undertake a study to
determine the best | 10 | | use of technology to collect, compile, and analyze the
traffic | 11 | | stop
statistical study data required by this Section. The | 12 | | Department shall report
its findings
and recommendations | 13 | | electronically to the Governor and the General Assembly by | 14 | | March 1, 2022
2004 . | 15 | | (h-5) For purposes of this Section: | 16 | | (1) "American Indian or Alaska Native" means a person | 17 | | having origins in any of the original peoples of North and | 18 | | South America, including Central America, and who | 19 | | maintains tribal affiliation or community attachment. | 20 | | (2) "Asian" means a person having origins in any of the | 21 | | original peoples of the Far East, Southeast Asia, or the | 22 | | Indian subcontinent, including, but not limited to, | 23 | | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | 24 | | the Philippine Islands, Thailand, and Vietnam. | 25 | | (2.5) "Badge" means an officer's department issued | 26 | | identification number associated with his or her position |
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| 1 | | as a police officer with that department. | 2 | | (3) "Black or African American" means a person having | 3 | | origins in any of the black racial groups of Africa. Terms | 4 | | such as "Haitian" or "Negro" can be used in addition to | 5 | | "Black or African American". | 6 | | (4) "Hispanic or Latino" means a person of Cuban, | 7 | | Mexican, Puerto Rican, South or Central American, or other | 8 | | Spanish culture or origin, regardless of race. | 9 | | (5) "Native Hawaiian or Other Pacific Islander" means a | 10 | | person having origins in any of the original peoples of | 11 | | Hawaii, Guam, Samoa, or other Pacific Islands. | 12 | | (6) "White" means a person having origins in any of the | 13 | | original peoples of Europe, the Middle East, or North | 14 | | Africa. | 15 | | (i) (Blank). This Section is repealed on July 1, 2019.
| 16 | | (Source: P.A. 98-686, eff. 6-30-14; 99-352, eff. 1-1-16 .)
| 17 | | Section 99. Effective date. This Section and Section 5 take | 18 | | effect upon becoming law.".
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