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[ Engrossed ] | [ House Amendment 004 ] |
92_HB0335 LRB9201994DHmb 1 AN ACT in relation to vehicles. 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 5 adding Section 16-108 as follows: 6 (626 ILCS 5/16-108 new) 7 Sec. 16-108. Racial profiling. 8 (a) As used in this Section, "minority group" means 9 individuals of African, Hispanic, Native American, or Asian 10 descent. 11 (b) Each time a peace officer stops a driver of a motor 12 vehicle for a violation of any motor vehicle statute or 13 ordinance, that officer shall report the following 14 information to the law enforcement agency that employs the 15 officer: 16 (1) The age, gender, and race or minority group of 17 the individual stopped; 18 (2) The traffic violation or violations alleged to 19 have been committed that led to the stop; 20 (3) Whether a search was conducted as a result of 21 the stop; 22 (4) If a search was conducted, whether the 23 individual consented to the search, the probable cause 24 for the search, whether the person was searched, whether 25 the person's property was searched, and the duration of 26 the search; 27 (5) Whether any contraband was discovered in the 28 course of the search and the type of any contraband 29 discovered; 30 (6) Whether any warning or citation was issued as a 31 result of the stop; -2- LRB9201994DHmb 1 (7) If a warning or citation was issued, the 2 violation charged or warning provided; 3 (8) Whether an arrest was made as a result of 4 either the stop or the search; 5 (9) If an arrest was made, the crime charged; and 6 (10) The location of the stop. 7 This information may be reported using a format 8 determined by the Department of State Police that uses 9 existing citation and report forms. 10 (c) Each law enforcement agency shall compile the data 11 described in subsection (b) of this Section for the calendar 12 year into a report to the Attorney General, which shall be 13 submitted to the Attorney General no later than March 1 of 14 the following calendar year. The Attorney General shall 15 determine the format that all law enforcement agencies shall 16 use to submit the report. 17 (d) The Attorney General shall analyze the annual 18 reports of law enforcement agencies required by this Section 19 and submit a report of the findings to the Governor, the 20 General Assembly, and each law enforcement agency no later 21 than June 1 of each year. 22 (e) The report of the Attorney General shall include at 23 least the following information for each law enforcement 24 agency: 25 (1) The total number of vehicles stopped by peace 26 officers during the previous calendar year; 27 (2) The number and percentage of stopped motor 28 vehicles that were driven by members of each particular 29 minority group; 30 (3) A comparison of the percentage of stopped motor 31 vehicles driven by each minority group and the percentage 32 of the State's population that each minority group 33 comprises; and 34 (4) A compilation of the information reported by -3- LRB9201994DHmb 1 law enforcement agencies under subsection (b) of this 2 Section. 3 (f) Each law enforcement agency shall adopt a policy on 4 race-based traffic stops that: 5 (1) Prohibits the practice of routinely stopping 6 members of minority groups for violations of vehicle laws 7 as a pretext for investigating other violations of 8 criminal law; 9 (2) Provides for periodic reviews by the law 10 enforcement agency of the annual report of the Attorney 11 General required by subsection (d) of this Section that: 12 (A) Determine whether any peace officers of 13 the law enforcement agency have a pattern of 14 stopping members of minority groups for violations 15 of vehicle laws in a number disproportionate to the 16 population of minority groups residing or traveling 17 within the jurisdiction of the law enforcement 18 agency; and 19 (B) If the review reveals a pattern, require 20 an investigation to determine whether any peace 21 officers of the law enforcement agency routinely 22 stop members of minority groups for violations of 23 vehicle laws as a pretext for investigating other 24 violations of criminal law; 25 (3) Provides for appropriate counseling and 26 training of any peace officer found to have engaged in 27 race-based traffic stops within 90 days of the review; 28 and 29 (4) Provides for annual sensitivity training for 30 any employees who may conduct stops of motor vehicles 31 regarding the prohibition against racial profiling. The 32 course or courses of instruction and the guidelines shall 33 stress understanding and respect for racial and cultural 34 differences and the development of effective, -4- LRB9201994DHmb 1 noncombative methods of carrying out law enforcement 2 duties in a racially and culturally diverse environment. 3 (g) If a law enforcement agency fails to comply with the 4 provisions of this Section, the Governor may direct the 5 Comptroller and the State Treasurer to withhold any State 6 funds appropriated to the noncompliant law enforcement 7 agency. 8 Section 99. Effective date. This Act takes effect upon 9 becoming law.