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| [ Introduced ] | [ House Amendment 004 ] |
92_HB0335eng HB0335 Engrossed 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; HB0335 Engrossed -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 The provisions of this subsection (b), other than this 11 sentence, are inoperative after December 31, 2003. 12 (c) Each law enforcement agency shall compile the data 13 described in subsection (b) of this Section for the calendar 14 year into a report to the Secretary of State, which shall be 15 submitted to the Secretary of State no later than March 1 in 16 2003 and 2004. The Secretary of State shall determine the 17 format that all law enforcement agencies shall use to submit 18 the report. 19 (d) The Secretary of State shall analyze the annual 20 reports of law enforcement agencies required by this Section 21 and submit a report of the findings to the Governor, the 22 General Assembly, and each law enforcement agency no later 23 than June 1 in 2003 and 2004. 24 (e) The report of the Secretary of State shall include 25 at least the following information for each law enforcement 26 agency: 27 (1) The total number of vehicles stopped by peace 28 officers during the previous calendar year; 29 (2) The number and percentage of stopped motor 30 vehicles that were driven by members of each particular 31 minority group; 32 (3) A comparison of the percentage of stopped motor 33 vehicles driven by each minority group and the percentage 34 of the State's population that each minority group HB0335 Engrossed -3- LRB9201994DHmb 1 comprises; and 2 (4) A compilation of the information reported by 3 law enforcement agencies under subsection (b) of this 4 Section. 5 The provisions of this subsection (e), other than this 6 sentence, are inoperative after December 31, 2003. 7 (f) Each law enforcement agency shall adopt a policy on 8 race-based traffic stops that: 9 (1) Prohibits the practice of routinely stopping 10 members of minority groups for violations of vehicle laws 11 as a pretext for investigating other violations of 12 criminal law; 13 (2) Provides for periodic reviews by the law 14 enforcement agency of the annual report of the Secretary 15 of State required by subsection (d) of this Section that: 16 (A) Determine whether any peace officers of 17 the law enforcement agency have a pattern of 18 stopping members of minority groups for violations 19 of vehicle laws in a number disproportionate to the 20 population of minority groups residing or traveling 21 within the jurisdiction of the law enforcement 22 agency; and 23 (B) If the review reveals a pattern, require 24 an investigation to determine whether any peace 25 officers of the law enforcement agency routinely 26 stop members of minority groups for violations of 27 vehicle laws as a pretext for investigating other 28 violations of criminal law; 29 (3) Provides for appropriate counseling and 30 training of any peace officer found to have engaged in 31 race-based traffic stops within 90 days of the review; 32 and 33 (4) Provides for annual sensitivity training for 34 any employees who may conduct stops of motor vehicles HB0335 Engrossed -4- LRB9201994DHmb 1 regarding the prohibition against racial profiling. The 2 course or courses of instruction and the guidelines shall 3 stress understanding and respect for racial and cultural 4 differences and the development of effective, 5 noncombative methods of carrying out law enforcement 6 duties in a racially and culturally diverse environment. 7 (g) If a law enforcement agency fails to comply with the 8 provisions of this Section, the Governor may direct the 9 Comptroller and the State Treasurer to withhold any State 10 funds appropriated to the noncompliant law enforcement 11 agency. 12 Section 99. Effective date. This Act takes effect on 13 January 1, 2002.