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92_HB0805ham001 LRB9206329RCcdam 1 AMENDMENT TO HOUSE BILL 805 2 AMENDMENT NO. . Amend House Bill 805 by replacing 3 everything after the enacting clause with the following: 4 "Section 5. The Illinois Vehicle Code is amended by 5 adding Section 16-108 as follows: 6 (625 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) Beginning on the effective date of this amendatory 12 Act of the 92 General Assembly and for a 2-year period 13 thereafter, each time a peace officer stops a driver of a 14 motor vehicle for a violation of any motor vehicle statute or 15 ordinance, that officer shall report the following 16 information to the law enforcement agency that employs the 17 officer: 18 (1) The age, gender, and race or minority group of 19 the individual stopped; 20 (2) The traffic violation or violations alleged to 21 have been committed that led to the stop; 22 (3) Whether a search was conducted as a result of -2- LRB9206329RCcdam 1 the stop; 2 (4) If a search was conducted, whether the 3 individual consented to the search, the probable cause 4 for the search, whether the person was searched, whether 5 the person's property was searched, and the duration of 6 the search; 7 (5) Whether any contraband was discovered in the 8 course of the search and the type of any contraband 9 discovered; 10 (6) Whether any warning or citation was issued as a 11 result of the stop; 12 (7) If a warning or citation was issued, the 13 violation charged or warning provided; 14 (8) Whether an arrest was made as a result of 15 either the stop or the search; 16 (9) If an arrest was made, the crime charged; and 17 (10) The location of the stop. 18 This information may be reported using a format 19 determined by the Department of State Police that uses 20 existing citation and report forms. 21 (c) Each law enforcement agency shall compile the data 22 described in subsection (b) of this Section for the calendar 23 year into a report to the Attorney General, which shall be 24 submitted to the Attorney General no later than March 1 of 25 the following calendar year. The Attorney General shall 26 determine the format that all law enforcement agencies shall 27 use to submit the report. 28 (d) The Attorney General shall analyze the annual 29 reports of law enforcement agencies required by this Section 30 and submit a report of the findings to the Governor, the 31 General Assembly, and each law enforcement agency no later 32 than June 1 of each year. 33 (e) The report of the Attorney General shall include at 34 least the following information for each law enforcement -3- LRB9206329RCcdam 1 agency: 2 (1) The total number of vehicles stopped by peace 3 officers during the previous calendar year; 4 (2) The number and percentage of stopped motor 5 vehicles that were driven by members of each particular 6 minority group; 7 (3) A comparison of the percentage of stopped motor 8 vehicles driven by each minority group and the percentage 9 of the State's population that each minority group 10 comprises; and 11 (4) A compilation of the information reported by 12 law enforcement agencies under subsection (b) of this 13 Section. 14 (f) Each law enforcement agency shall adopt a policy on 15 race-based traffic stops that: 16 (1) Prohibits the practice of routinely stopping 17 members of minority groups for violations of vehicle laws 18 as a pretext for investigating other violations of 19 criminal law; 20 (2) Provides for periodic reviews by the law 21 enforcement agency of the annual report of the Attorney 22 General required by subsection (d) of this Section that: 23 (A) Determine whether any peace officers of 24 the law enforcement agency have a pattern of 25 stopping members of minority groups for violations 26 of vehicle laws in a number disproportionate to the 27 population of minority groups residing or traveling 28 within the jurisdiction of the law enforcement 29 agency; and 30 (B) If the review reveals a pattern, require 31 an investigation to determine whether any peace 32 officers of the law enforcement agency routinely 33 stop members of minority groups for violations of 34 vehicle laws as a pretext for investigating other -4- LRB9206329RCcdam 1 violations of criminal law; 2 (3) Provides for appropriate counseling and 3 training of any peace officer found to have engaged in 4 race-based traffic stops within 90 days of the review; 5 and 6 (4) Provides for annual sensitivity training for 7 any employees who may conduct stops of motor vehicles 8 regarding the prohibition against racial profiling. The 9 course or courses of instruction and the guidelines shall 10 stress understanding and respect for racial and cultural 11 differences and the development of effective, 12 noncombative methods of carrying out law enforcement 13 duties in a racially and culturally diverse environment. 14 (g) If a law enforcement agency fails to comply with the 15 provisions of this Section, the Governor may direct the 16 Comptroller and the State Treasurer to withhold any State 17 funds appropriated to the noncompliant law enforcement 18 agency. 19 Section 99. Effective date. This Act takes effect upon 20 becoming law.".