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[ 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.".