Full Text of HB3181 099th General Assembly
HB3181 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB3181 Introduced , by Rep. Monique D. Davis SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/11-212 | |
725 ILCS 5/107-14 | from Ch. 38, par. 107-14 |
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Amends Illinois Vehicle Code and the Code of Criminal Procedure of 1963. Upon completion of a traffic stop or other stop of a person for temporary questioning, without making an arrest or issuing a warning citation, the officer shall provide the person stopped with a stop receipt which briefly describes the stop, including the purpose of the stop, and contains the officer's name and badge number. The officer shall file a copy of the stop receipt with his or her department or agency, which shall maintain the copy in its records.
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| | A BILL FOR |
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| 1 | | AN ACT concerning police officers.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Section 11-212 as follows:
| 6 | | (625 ILCS 5/11-212)
| 7 | | (Section scheduled to be repealed on July 1, 2019)
| 8 | | Sec. 11-212. Traffic stop statistical study.
| 9 | | (a) Whenever a State or local law enforcement officer | 10 | | issues a
uniform traffic citation or warning citation for an | 11 | | alleged
violation of the Illinois Vehicle Code, he or she shall
| 12 | | record at least the following:
| 13 | | (1) the name, address, gender, and
the officer's | 14 | | subjective determination of the race of
the person
stopped; | 15 | | the person's race shall be selected from the following | 16 | | list:
American Indian or Alaska Native, Asian, Black or | 17 | | African American, Hispanic or Latino, Native Hawaiian or | 18 | | Other Pacific Islander, or White;
| 19 | | (2) the alleged traffic violation that led to the
stop | 20 | | of the motorist;
| 21 | | (3) the make and year of the vehicle
stopped;
| 22 | | (4) the date and time of the stop, beginning when the | 23 | | vehicle was stopped and ending when the driver is free to |
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| 1 | | leave or taken into physical custody;
| 2 | | (5) the location of the traffic stop; | 3 | | (5.5) whether or not a consent search contemporaneous | 4 | | to the stop was requested of the vehicle, driver, | 5 | | passenger, or passengers; and, if so, whether consent was | 6 | | given or denied;
| 7 | | (6) whether or not a search contemporaneous to the stop | 8 | | was conducted of
the
vehicle, driver, passenger, or | 9 | | passengers; and, if so, whether it was with
consent or by | 10 | | other means; | 11 | | (6.2) whether or not a police dog performed a sniff of | 12 | | the vehicle; and, if so, whether or not the dog alerted to | 13 | | the presence of contraband; and, if so, whether or not an | 14 | | officer searched the vehicle; and, if so, whether or not | 15 | | contraband was discovered; and, if so, the type and amount | 16 | | of contraband; | 17 | | (6.5) whether or not contraband was found during a | 18 | | search; and, if so, the type and amount of contraband | 19 | | seized; and
| 20 | | (7) the name and badge number of the issuing officer.
| 21 | | (b) Whenever a State or local law enforcement officer stops | 22 | | a
motorist for an alleged violation of the Illinois Vehicle | 23 | | Code
and does not issue a uniform traffic citation or
warning | 24 | | citation for an alleged violation of the Illinois
Vehicle Code, | 25 | | he or she shall complete a uniform stop card, which includes
| 26 | | field
contact cards, or any other existing form currently used |
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| 1 | | by law enforcement
containing
information required pursuant to | 2 | | this Act,
that records
at least the following:
| 3 | | (1) the name, address, gender,
and
the officer's | 4 | | subjective determination of the race of the person
stopped; | 5 | | the person's race shall be selected from the following | 6 | | list:
American Indian or Alaska Native, Asian, Black or | 7 | | African American, Hispanic or Latino, Native Hawaiian or | 8 | | Other Pacific Islander, or White;
| 9 | | (2) the reason that led to the stop of the
motorist;
| 10 | | (3) the make and year of the vehicle
stopped;
| 11 | | (4) the date and time of the stop, beginning when the | 12 | | vehicle was stopped and ending when the driver is free to | 13 | | leave or taken into physical custody;
| 14 | | (5) the location of the traffic stop; | 15 | | (5.5) whether or not a consent search contemporaneous | 16 | | to the stop was requested of the vehicle, driver, | 17 | | passenger, or passengers; and, if so, whether consent was | 18 | | given or denied;
| 19 | | (6) whether or not a search contemporaneous to the stop | 20 | | was conducted of
the
vehicle, driver, passenger, or | 21 | | passengers; and, if so, whether it was with
consent or by | 22 | | other means; | 23 | | (6.2) whether or not a police dog performed a sniff of | 24 | | the vehicle; and, if so, whether or not the dog alerted to | 25 | | the presence of contraband; and, if so, whether or not an | 26 | | officer searched the vehicle; and, if so, whether or not |
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| 1 | | contraband was discovered; and, if so, the type and amount | 2 | | of contraband; | 3 | | (6.5) whether or not contraband was found during a | 4 | | search; and, if so, the type and amount of contraband | 5 | | seized; and
| 6 | | (7) the name and badge number of the issuing
officer.
| 7 | | Upon completion of the stop without issuing a uniform | 8 | | traffic citation or
warning citation, the officer shall provide | 9 | | the motorist with a stop receipt which briefly describes the | 10 | | stop, including the purpose of the stop, and contains the | 11 | | officer's name and badge number. The officer shall file a copy | 12 | | of the stop receipt with his or her department or agency, which | 13 | | shall maintain the copy in its records. | 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 | | (h-5) For purposes of this Section: | 4 | | (1) "American Indian or Alaska Native" means a person | 5 | | having origins in any of the original peoples of North and | 6 | | South America, including Central America, and who | 7 | | maintains tribal affiliation or community attachment. | 8 | | (2) "Asian" means a person having origins in any of the | 9 | | original peoples of the Far East, Southeast Asia, or the | 10 | | Indian subcontinent, including, but not limited to, | 11 | | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | 12 | | the Philippine Islands, Thailand, and Vietnam. | 13 | | (3) "Black or African American" means a person having | 14 | | origins in any of the black racial groups of Africa. Terms | 15 | | such as "Haitian" or "Negro" can be used in addition to | 16 | | "Black or African American". | 17 | | (4) "Hispanic or Latino" means a person of Cuban, | 18 | | Mexican, Puerto Rican, South or Central American, or other | 19 | | Spanish culture or origin, regardless of race. | 20 | | (5) "Native Hawaiian or Other Pacific Islander" means a | 21 | | person having origins in any of the original peoples of | 22 | | Hawaii, Guam, Samoa, or other Pacific Islands. | 23 | | (6) "White" means a person having origins in any of the | 24 | | original peoples of Europe, the Middle East, or North | 25 | | Africa. | 26 | | (i) This Section is repealed on July 1, 2019.
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| 1 | | (Source: P.A. 97-396, eff. 1-1-12; 97-469, eff. 7-1-12; 97-813, | 2 | | eff. 7-13-12; 98-686, eff. 6-30-14.)
| 3 | | Section 10. The Code of Criminal Procedure of 1963 is | 4 | | amended by changing Section 107-14 as follows:
| 5 | | (725 ILCS 5/107-14) (from Ch. 38, par. 107-14)
| 6 | | Sec. 107-14. Temporary questioning without arrest. | 7 | | (a) A peace officer, after having identified himself as a | 8 | | peace officer, may
stop any person in a public place for a | 9 | | reasonable period of time when the
officer reasonably infers | 10 | | from the circumstances that the person is
committing, is about | 11 | | to commit or has committed an offense as defined in
Section | 12 | | 102-15 of this Code, and may demand the name and address of the
| 13 | | person and an explanation of his actions. Such detention and | 14 | | temporary
questioning will be conducted in the vicinity of | 15 | | where the person was
stopped.
| 16 | | (b) Upon completion of the stop, the officer shall provide | 17 | | the person with a stop receipt which briefly describes the | 18 | | stop, including the purpose of the stop, and contains the | 19 | | officer's name and badge number. The officer shall file a copy | 20 | | of the stop receipt with his or her department or agency, which | 21 | | shall maintain the copy in its records. | 22 | | (Source: Laws 1968, p. 218 .)
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