Full Text of HB4948 94th General Assembly
HB4948eng 94TH GENERAL ASSEMBLY
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HB4948 Engrossed |
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| AN ACT concerning law enforcement.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Section 11-212 as follows:
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| (625 ILCS 5/11-212)
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| Sec. 11-212. Traffic stop statistical study.
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| (a) From January 1, 2004 until December 31, 2007,
whenever | 9 |
| a State or local law enforcement officer issues a
uniform | 10 |
| traffic citation or warning citation for an alleged
violation | 11 |
| of the Illinois Vehicle Code, he or she shall
record at least | 12 |
| the following:
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| (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:
Caucasian, African-American, Hispanic, Native
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| American/Alaska Native,
or Asian/Pacific Islander;
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| (2) the alleged traffic violation that led to the
stop | 19 |
| of the motorist;
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| (3) the make and year of the vehicle
stopped;
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| (4) the date and time of the stop;
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| (5) the location of the traffic stop;
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| (6) whether or not a search contemporaneous to the stop | 24 |
| was conducted of
the
vehicle, driver, passenger, or | 25 |
| passengers; and, if so, whether it was with
consent or by | 26 |
| other means; and
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| (7) the name and badge number of the issuing officer.
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| (b) From January 1, 2004 until December 31, 2007,
whenever | 29 |
| a State or local law enforcement officer stops a
motorist for | 30 |
| an alleged violation of the Illinois Vehicle Code
and does not | 31 |
| issue a uniform traffic citation or
warning citation for an | 32 |
| alleged violation of the Illinois
Vehicle Code, he or she shall |
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| complete a uniform stop card, which includes
field
contact | 2 |
| cards, or any other existing form currently used by law | 3 |
| enforcement
containing
information required pursuant to this | 4 |
| Act,
that records
at least the following:
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| (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
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| American/Alaska
Native, or Asian/Pacific Islander;
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| (2) the reason that led to the stop of the
motorist;
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| (3) the make and year of the vehicle
stopped;
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| (4) the date and time of the stop;
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| (5) the location of the traffic stop;
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| (6) whether or not a search contemporaneous to the stop | 15 |
| was conducted of
the
vehicle, driver, passenger, or | 16 |
| passengers; and, if so, whether it was with
consent or by | 17 |
| other means; and
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| (7) the name and badge number of the issuing
officer.
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| (c) The Illinois Department of Transportation shall | 20 |
| provide a
standardized law
enforcement data compilation form on | 21 |
| its website.
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| (d) Every law enforcement agency shall, by March 1 in each | 23 |
| of the years
2004,
2005, 2006, and 2007, compile the data | 24 |
| described in subsections (a) and (b) on
the
standardized law | 25 |
| enforcement data compilation form provided by the Illinois
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| Department
of Transportation and transmit the data to the | 27 |
| Department. If a local law enforcement agency neglects or fails | 28 |
| to transmit its data in a timely manner or neglects or fails to | 29 |
| accurately compile and submit data, then the Department of | 30 |
| Transportation shall withhold 1% of the motor fuel tax revenue | 31 |
| otherwise distributed monthly under 35 ILCS 505/8(e) to the | 32 |
| municipality or county of which the local law enforcement | 33 |
| agency is a part, but only if the local law enforcement agency | 34 |
| is under the jurisdiction and control of the municipality or | 35 |
| county, until such time as the Department of Transportation is | 36 |
| satisfied that the report has been accurately complied and |
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| submitted. The Department of Transportation shall adopt any | 2 |
| rules as may be necessary to implement the withholding and | 3 |
| subsequent release of motor fuel tax distributions as | 4 |
| authorized under this Section.
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| (e) The Illinois Department of Transportation shall | 6 |
| analyze the data
provided
by law
enforcement agencies required | 7 |
| by this Section and submit a report of the
findings to the
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| Governor, the General Assembly, and each law enforcement agency | 9 |
| no later than
July 1
in each of the years 2005, 2006, 2007, and | 10 |
| 2008. The Illinois Department of
Transportation may contract | 11 |
| with
an outside entity for the analysis of the data provided. | 12 |
| In analyzing the data
collected
under this Section, the | 13 |
| analyzing entity shall scrutinize the data for evidence
of | 14 |
| statistically
significant aberrations. The following list, | 15 |
| which
is illustrative, and not exclusive, contains examples of | 16 |
| areas in which
statistically
significant aberrations may be | 17 |
| found:
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| (1) The percentage of minority drivers or passengers | 19 |
| being stopped in a
given
area
is substantially higher than | 20 |
| the proportion of the overall population in or
traveling
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| through the area that the minority constitutes.
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| (2) A substantial number of false stops including stops | 23 |
| not resulting in
the
issuance of a traffic ticket or the | 24 |
| making of an arrest.
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| (3) A disparity between the proportion of citations | 26 |
| issued to minorities
and
proportion of minorities in the | 27 |
| population.
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| (4) A disparity among the officers of the same law | 29 |
| enforcement agency with
regard to the number of minority | 30 |
| drivers or passengers being stopped in a given
area.
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| (5) A disparity between the frequency of searches | 32 |
| performed on minority
drivers
and the frequency of searches | 33 |
| performed on non-minority drivers.
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| (f) Any law enforcement officer identification information | 35 |
| or driver
identification information
that is
compiled by any | 36 |
| law enforcement agency or the Illinois Department of
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| Transportation
pursuant to this Act for
the purposes of | 2 |
| fulfilling the requirements of this Section shall be
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| confidential and exempt
from
public inspection and copying, as | 4 |
| provided under Section 7 of the Freedom of
Information
Act,
and | 5 |
| the information shall not be transmitted to anyone except as | 6 |
| needed to
comply with
this Section. This Section shall not | 7 |
| exempt those materials that, prior to the
effective date of | 8 |
| this
amendatory Act of the 93rd General Assembly, were | 9 |
| available under the Freedom
of
Information Act.
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| (g) Funding to implement this Section shall come from | 11 |
| federal highway
safety
funds available to Illinois, as directed | 12 |
| by the Governor.
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| (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.
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| (Source: P.A. 93-209, eff. 7-18-03.)
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| Section 99. Effective date. This Act takes effect upon | 25 |
| becoming law. |
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