Full Text of HB3961 97th General Assembly
HB3961eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning reports of stun gun and taser use by law | 2 | | enforcement officers.
| 3 | | Be it enacted by the People of the State of Illinois,
| 4 | | represented in the General Assembly:
| 5 | | Section 1. Short title. This Act may be cited as the Law | 6 | | Enforcement Officer Stun Gun and Taser Use Reporting Act. | 7 | | Section 5. Taser Reporting. | 8 | | (a) Beginning January 1, 2013 until December 31, 2017, | 9 | | subsequent to the use of a stun gun or taser by a State or local | 10 | | law enforcement officer to subdue a subject, the officer shall | 11 | | record the following information: | 12 | | (1) the name, address, gender, age, and the officer's | 13 | | subjective determination of the race of the person who was | 14 | | tased; the person's race shall be selected from the | 15 | | following list: American Indian or Alaska Native, Asian, | 16 | | Black or African American, Hispanic or Latino, Native | 17 | | Hawaiian or Other Pacific Islander, or White;
| 18 | | (2) the alleged violation that led to the tasering of | 19 | | the subject;
| 20 | | (3) the date and time of the incident, beginning when | 21 | | the
person was approached by the officer and ending when | 22 | | the subject was free to leave or taken into physical | 23 | | custody;
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| 1 | | (4) the location of the incident;
| 2 | | (5) the type of crime or incident the subject was | 3 | | involved in; | 4 | | (6) determination of whether deadly force would have | 5 | | been justified;
| 6 | | (7) investigative statements of: | 7 | | (i) the subject, | 8 | | (ii) all personnel who used a stun gun or taser in | 9 | | the incident, and | 10 | | (iii) all witnesses;
| 11 | | (8) the type and brand of stun gun or taser used;
| 12 | | (9) the number of activations, the duration of each | 13 | | cycle, the duration between activations, and (as best as | 14 | | can be determined) the duration that the subject received | 15 | | applications;
| 16 | | (10) the level of aggression encountered;
| 17 | | (11) any weapons possessed by the subject;
| 18 | | (12) the range at which the stun gun or taser was used; | 19 | | (13) the type of mode used (probe deployment or drive | 20 | | stun); | 21 | | (14) the point of probe impact on a subject with the | 22 | | device in probe mode; | 23 | | (15) the point of impact on a subject with the device | 24 | | in drive stun mode; | 25 | | (16) location of missed probes;
| 26 | | (17) terrain and weather conditions during stun gun or |
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| 1 | | taser use; | 2 | | (18) lighting conditions; | 3 | | (19) the type of cartridge used; | 4 | | (20) suspicion that subject was under the influence of | 5 | | drugs (specify drug or drugs if available); | 6 | | (21) medical care provided to the subject; | 7 | | (22) any injuries incurred by personnel or the subject; | 8 | | and | 9 | | (23) the name and badge number of the issuing officer. | 10 | | (b) The Illinois Criminal Justice Information
Authority | 11 | | shall provide a standardized law enforcement data compilation | 12 | | form on its website. | 13 | | (c) Every law enforcement agency shall, by March 1 with | 14 | | regard to data collected during July through December of the | 15 | | previous calendar year and by August 1 with regard to data | 16 | | collected during January through June of the current calendar | 17 | | year, compile the data described in subsection (a) on the | 18 | | standardized law enforcement data compilation form provided by | 19 | | the Illinois Criminal Justice Information
Authority and | 20 | | transmit the data to the Authority.
| 21 | | (d) The Illinois Criminal Justice Information
Authority | 22 | | shall analyze the data provided by law enforcement agencies | 23 | | required by this Section and submit a report of the previous | 24 | | year's findings to the Governor, the General Assembly, and each | 25 | | law enforcement agency no later than July 1 of each year. The | 26 | | Illinois Criminal Justice Information
Authority may contract |
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| 1 | | with an outside entity for the analysis of the data provided. | 2 | | In analyzing the data collected under this Section, the | 3 | | analyzing entity shall scrutinize the data for evidence of | 4 | | statistically significant aberrations.
| 5 | | (e) For purposes of this Section: | 6 | | (1) "American Indian or Alaska Native" means a person
| 7 | | having origins in any of the original peoples of North and | 8 | | South America, including Central America, and who | 9 | | maintains tribal affiliation or community attachment. | 10 | | (2) "Asian" means a person having origins in any of
the | 11 | | original peoples of the Far East, Southeast Asia, or the | 12 | | Indian subcontinent, including, but not limited to, | 13 | | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | 14 | | the Philippine Islands, Thailand, and Vietnam. | 15 | | (3) "Black or African American" means a person having
| 16 | | origins in any of the black racial groups of Africa. Terms | 17 | | such as "Haitian" or "Negro" can be used in addition to | 18 | | "Black or African American". | 19 | | (4) "Hispanic or Latino" means a person of Cuban,
| 20 | | Mexican, Puerto Rican, South or Central American, or other | 21 | | Spanish culture or origin, regardless of race.
| 22 | | (5) "Native Hawaiian or Other Pacific Islander" means
a | 23 | | person having origins in any of the original peoples of | 24 | | Hawaii, Guam, Samoa, or other Pacific Islands. | 25 | | (6) "Stun gun or taser" has the meaning ascribed to the | 26 | | term in Section 24-1 of the Criminal Code of 1961. |
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| 1 | | (7) "White" means a person having origins in any of the | 2 | | original peoples of Europe, the Middle East, or North | 3 | | Africa.
| 4 | | Section 10. Repeal. This Act is repealed on July 1, 2018.
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