Full Text of HB1195 097th General Assembly
HB1195enr 97TH GENERAL ASSEMBLY |
| | HB1195 Enrolled | | LRB097 06380 PJG 46462 b |
|
| 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 3. The Department of State Police Law of the
Civil | 5 | | Administrative Code of Illinois is amended by adding Section | 6 | | 2605-95 as follows: | 7 | | (20 ILCS 2605/2605-95 new) | 8 | | Sec. 2605-95. Training; police dog training standards. | 9 | | Beginning July 1, 2012, all police dogs used by the Department | 10 | | for drug enforcement purposes pursuant to the Cannabis Control | 11 | | Act (720 ILCS 550/), the Illinois Controlled Substances Act | 12 | | (720 ILCS 570/), and the Methamphetamine Control and Community | 13 | | Protection Act (720 ILCS 646/) shall be trained by programs | 14 | | that meet the certification requirements set by the Director or | 15 | | the Director's designee. Satisfactory completion of the | 16 | | training shall be evidenced by a certificate issued by the | 17 | | Department. | 18 | | Section 5. The Illinois Police Training Act is amended by | 19 | | adding Section 10.12 as follows: | 20 | | (50 ILCS 705/10.12 new) | 21 | | Sec. 10.12. Police dog training standards. Beginning July |
| | | HB1195 Enrolled | - 2 - | LRB097 06380 PJG 46462 b |
|
| 1 | | 1, 2012, all police dogs used by State and local law | 2 | | enforcement agencies for drug enforcement purposes pursuant to | 3 | | the Cannabis Control Act (720 ILCS 550/), the Illinois | 4 | | Controlled Substances Act (720 ILCS 570/), and the | 5 | | Methamphetamine Control and Community Protection Act (720 ILCS | 6 | | 646/) shall be trained by programs that meet the minimum | 7 | | certification requirements set by the Board. | 8 | | Section 10. The Illinois Vehicle Code is amended by | 9 | | changing Section 11-212 as follows:
| 10 | | (625 ILCS 5/11-212)
| 11 | | (Section scheduled to be repealed on July 1, 2015)
| 12 | | Sec. 11-212. Traffic stop statistical study.
| 13 | | (a) Whenever a State or local law enforcement officer | 14 | | issues a
uniform traffic citation or warning citation for an | 15 | | alleged
violation of the Illinois Vehicle Code, he or she shall
| 16 | | record at least the following:
| 17 | | (1) the name, address, gender, and
the officer's | 18 | | subjective determination of the race of
the person
stopped; | 19 | | the person's race shall be selected from the following | 20 | | list:
Caucasian, African-American, Hispanic, Native
| 21 | | American/Alaska Native,
or Asian/Pacific Islander;
| 22 | | (2) the alleged traffic violation that led to the
stop | 23 | | of the motorist;
| 24 | | (3) the make and year of the vehicle
stopped;
|
| | | HB1195 Enrolled | - 3 - | LRB097 06380 PJG 46462 b |
|
| 1 | | (4) the date and time of the stop, beginning when the | 2 | | vehicle was stopped and ending when the driver is free to | 3 | | leave or taken into physical custody;
| 4 | | (5) the location of the traffic stop; | 5 | | (5.5) whether or not a consent search contemporaneous | 6 | | to the stop was requested of the vehicle, driver, | 7 | | passenger, or passengers; and, if so, whether consent was | 8 | | given or denied;
| 9 | | (6) whether or not a search contemporaneous to the stop | 10 | | was conducted of
the
vehicle, driver, passenger, or | 11 | | passengers; and, if so, whether it was with
consent or by | 12 | | other means; | 13 | | (6.2) whether or not a police dog performed a sniff of | 14 | | the vehicle; and, if so, whether or not the dog alerted to | 15 | | the presence of contraband; and, if so, whether or not an | 16 | | officer searched the vehicle; and, if so, whether or not | 17 | | contraband was discovered; and, if so, the type and amount | 18 | | of contraband; | 19 | | (6.5) whether or not contraband was found during a | 20 | | search; and, if so, the type and amount of contraband | 21 | | seized; and
| 22 | | (7) the name and badge number of the issuing officer.
| 23 | | (b) Whenever a State or local law enforcement officer stops | 24 | | a
motorist for an alleged violation of the Illinois Vehicle | 25 | | Code
and does not issue a uniform traffic citation or
warning | 26 | | citation for an alleged violation of the Illinois
Vehicle Code, |
| | | HB1195 Enrolled | - 4 - | LRB097 06380 PJG 46462 b |
|
| 1 | | he or she shall complete a uniform stop card, which includes
| 2 | | field
contact cards, or any other existing form currently used | 3 | | by law enforcement
containing
information required pursuant to | 4 | | this Act,
that records
at least the following:
| 5 | | (1) the name, address, gender,
and
the officer's | 6 | | subjective determination of the race of the person
stopped; | 7 | | the person's race shall be selected from the following | 8 | | list:
Caucasian, African-American, Hispanic, Native
| 9 | | American/Alaska
Native, or Asian/Pacific Islander;
| 10 | | (2) the reason that led to the stop of the
motorist;
| 11 | | (3) the make and year of the vehicle
stopped;
| 12 | | (4) the date and time of the stop, beginning when the | 13 | | vehicle was stopped and ending when the driver is free to | 14 | | leave or taken into physical custody;
| 15 | | (5) the location of the traffic stop; | 16 | | (5.5) whether or not a consent search contemporaneous | 17 | | to the stop was requested of the vehicle, driver, | 18 | | passenger, or passengers; and, if so, whether consent was | 19 | | given or denied;
| 20 | | (6) whether or not a search contemporaneous to the stop | 21 | | was conducted of
the
vehicle, driver, passenger, or | 22 | | passengers; and, if so, whether it was with
consent or by | 23 | | other means; | 24 | | (6.2) whether or not a police dog performed a sniff of | 25 | | the vehicle; and, if so, whether or not the dog alerted to | 26 | | the presence of contraband; and, if so, whether or not an |
| | | HB1195 Enrolled | - 5 - | LRB097 06380 PJG 46462 b |
|
| 1 | | officer searched the vehicle; and, if so, whether or not | 2 | | contraband was discovered; and, if so, the type and amount | 3 | | of contraband; | 4 | | (6.5) whether or not contraband was found during a | 5 | | search; and, if so, the type and amount of contraband | 6 | | seized; and
| 7 | | (7) the name and badge number of the issuing
officer.
| 8 | | (c) The Illinois Department of Transportation shall | 9 | | provide a
standardized law
enforcement data compilation form on | 10 | | its website.
| 11 | | (d) Every law enforcement agency shall, by March 1 with | 12 | | regard to data collected during July through December of the | 13 | | previous calendar year and by August 1 with regard to data | 14 | | collected during January through June of the current calendar | 15 | | year, compile the data described in subsections (a) and (b) on
| 16 | | the
standardized law enforcement data compilation form | 17 | | provided by the Illinois
Department
of Transportation and | 18 | | transmit the data to the Department.
| 19 | | (e) The Illinois Department of Transportation shall | 20 | | analyze the data
provided
by law
enforcement agencies required | 21 | | by this Section and submit a report of the
previous year's
| 22 | | findings to the
Governor, the General Assembly, the Racial | 23 | | Profiling Prevention and Data Oversight Board, and each law | 24 | | enforcement agency no later than
July 1
of each year. The | 25 | | Illinois Department of
Transportation may contract with
an | 26 | | outside entity for the analysis of the data provided. In |
| | | HB1195 Enrolled | - 6 - | LRB097 06380 PJG 46462 b |
|
| 1 | | analyzing the data
collected
under this Section, the analyzing | 2 | | entity shall scrutinize the data for evidence
of statistically
| 3 | | significant aberrations. The following list, which
is | 4 | | illustrative, and not exclusive, contains examples of areas in | 5 | | which
statistically
significant aberrations may be found:
| 6 | | (1) The percentage of minority drivers or passengers | 7 | | being stopped in a
given
area
is substantially higher than | 8 | | the proportion of the overall population in or
traveling
| 9 | | through the area that the minority constitutes.
| 10 | | (2) A substantial number of false stops including stops | 11 | | not resulting in
the
issuance of a traffic ticket or the | 12 | | making of an arrest.
| 13 | | (3) A disparity between the proportion of citations | 14 | | issued to minorities
and
proportion of minorities in the | 15 | | population.
| 16 | | (4) A disparity among the officers of the same law | 17 | | enforcement agency with
regard to the number of minority | 18 | | drivers or passengers being stopped in a given
area.
| 19 | | (5) A disparity between the frequency of searches | 20 | | performed on minority
drivers
and the frequency of searches | 21 | | performed on non-minority drivers.
| 22 | | (f) Any law enforcement officer identification information | 23 | | or driver
identification information
that is
compiled by any | 24 | | law enforcement agency or the Illinois Department of
| 25 | | Transportation
pursuant to this Act for
the purposes of | 26 | | fulfilling the requirements of this Section shall be
|
| | | HB1195 Enrolled | - 7 - | LRB097 06380 PJG 46462 b |
|
| 1 | | confidential and exempt
from
public inspection and copying, as | 2 | | provided under Section 7 of the Freedom of
Information
Act,
and | 3 | | the information shall not be transmitted to anyone except as | 4 | | needed to
comply with
this Section. This Section shall not | 5 | | exempt those materials that, prior to the
effective date of | 6 | | this
amendatory Act of the 93rd General Assembly, were | 7 | | available under the Freedom
of
Information Act. This subsection | 8 | | (f) shall not preclude law enforcement agencies from reviewing | 9 | | data to perform internal reviews.
| 10 | | (g) Funding to implement this Section shall come from | 11 | | federal highway
safety
funds available to Illinois, as directed | 12 | | by the Governor.
| 13 | | (h) The Illinois Department of Transportation, in | 14 | | consultation with
law enforcement agencies, officials, and | 15 | | organizations, including Illinois
chiefs of police,
the | 16 | | Department of State Police, the Illinois Sheriffs Association, | 17 | | and the
Chicago Police
Department, and community groups and | 18 | | other experts, shall undertake a study to
determine the best | 19 | | use of technology to collect, compile, and analyze the
traffic | 20 | | stop
statistical study data required by this Section. The | 21 | | Department shall report
its findings
and recommendations to the | 22 | | Governor and the General Assembly by March 1,
2004. | 23 | | (i) This Section is repealed on July 1, 2015.
| 24 | | (Source: P.A. 95-290, eff. 8-20-07; 96-658, eff. 1-1-10.)
| 25 | | Section 99. Effective date. This Act takes effect July 1, | 26 | | 2012.
|
|