State of Illinois
92nd General Assembly
Legislation

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ Engrossed ][ Enrolled ]
[ House Amendment 001 ]


92_SB0827ham002

 










                                           LRB9204859DHmbam02

 1                    AMENDMENT TO SENATE BILL 827

 2        AMENDMENT NO.     .  Amend Senate Bill 827 as follows:

 3    on page 1, line 5, after "3-704", by  inserting  "and  adding
 4    Section 16-108"; and

 5    on page 3, by replacing lines 1 and 2 with the following:

 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)  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
 
                            -2-            LRB9204859DHmbam02
 1        individual  consented  to  the search, the probable cause
 2        for the search, whether the person was searched,  whether
 3        the  person's  property was searched, and the duration of
 4        the search;
 5             (5)  Whether any contraband was  discovered  in  the
 6        course  of  the  search  and  the  type of any contraband
 7        discovered;
 8             (6)  Whether any warning or citation was issued as a
 9        result of the stop;
10             (7)  If  a  warning  or  citation  was  issued,  the
11        violation charged or warning provided;
12             (8)  Whether an arrest  was  made  as  a  result  of
13        either the stop or the search;
14             (9)  If an arrest was made, the crime charged; and
15             (10)  The location of the stop.
16        This   information   may   be  reported  using  a  format
17    determined by  the  Department  of  State  Police  that  uses
18    existing citation and report forms.
19        The  provisions  of  this subsection (b), other than this
20    sentence, are inoperative after December 31, 2003.
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 Secretary of State, which shall  be
24    submitted  to the Secretary of State no later than March 1 in
25    2003 and 2004. The Secretary of  State  shall  determine  the
26    format  that all law enforcement agencies shall use to submit
27    the report.
28        (d)  The Secretary of  State  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 in 2003 and 2004.
33        (e)  The report of the Secretary of State  shall  include
34    at  least  the following information for each law enforcement
 
                            -3-            LRB9204859DHmbam02
 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        The  provisions  of  this subsection (e), other than this
15    sentence, are inoperative after December 31, 2003.
16        (f)  Each law enforcement agency shall adopt a policy  on
17    race-based traffic stops that:
18             (1)  Prohibits  the  practice  of routinely stopping
19        members of minority groups for violations of vehicle laws
20        as  a  pretext  for  investigating  other  violations  of
21        criminal law;
22             (2)  Provides  for  periodic  reviews  by  the   law
23        enforcement  agency of the annual report of the Secretary
24        of State required by subsection (d) of this Section that:
25                  (A)  Determine whether any  peace  officers  of
26             the   law  enforcement  agency  have  a  pattern  of
27             stopping members of minority groups  for  violations
28             of  vehicle laws in a number disproportionate to the
29             population of minority groups residing or  traveling
30             within  the  jurisdiction  of  the  law  enforcement
31             agency; and
32                  (B)  If  the  review reveals a pattern, require
33             an investigation  to  determine  whether  any  peace
34             officers  of  the  law  enforcement agency routinely
 
                            -4-            LRB9204859DHmbam02
 1             stop members of minority groups  for  violations  of
 2             vehicle  laws  as  a pretext for investigating other
 3             violations of criminal law;
 4             (3)  Provides   for   appropriate   counseling   and
 5        training of any peace officer found to  have  engaged  in
 6        race-based  traffic  stops  within 90 days of the review;
 7        and
 8             (4)  Provides for annual  sensitivity  training  for
 9        any  employees  who  may  conduct stops of motor vehicles
10        regarding the prohibition against racial  profiling.  The
11        course or courses of instruction and the guidelines shall
12        stress  understanding and respect for racial and cultural
13        differences   and   the   development    of    effective,
14        noncombative  methods  of  carrying  out  law enforcement
15        duties in a racially and culturally diverse environment.
16        (g)  If a law enforcement agency fails to comply with the
17    provisions of this  Section,  the  Governor  may  direct  the
18    Comptroller  and  the  State  Treasurer to withhold any State
19    funds  appropriated  to  the  noncompliant  law   enforcement
20    agency.

21        Section  99.   Effective  date.  This Act takes effect on
22    January 1, 2002.".

[ Top ]