State of Illinois
92nd General Assembly
Legislation

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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;
 
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 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
 
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 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,
 
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 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.

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