Public Act 098-0686
Public Act 0686 98TH GENERAL ASSEMBLY
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Public Act 098-0686
| | HB4442 Enrolled | LRB098 17035 MLW 52119 b |
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| AN ACT concerning transportation.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Illinois Vehicle Code is amended by changing | Section 11-212 as follows:
| (625 ILCS 5/11-212)
| (Section scheduled to be repealed on July 1, 2015)
| Sec. 11-212. Traffic stop statistical study.
| (a) Whenever a State or local law enforcement officer | issues a
uniform traffic citation or warning citation for an | alleged
violation of the Illinois Vehicle Code, he or she shall
| record at least the following:
| (1) the name, address, gender, and
the officer's | subjective determination of the race of
the person
stopped; | the person's race shall be selected from the following | list:
American Indian or Alaska Native, Asian, Black or | African American, Hispanic or Latino, Native Hawaiian or | Other Pacific Islander, or White;
| (2) the alleged traffic violation that led to the
stop | of the motorist;
| (3) the make and year of the vehicle
stopped;
| (4) the date and time of the stop, beginning when the | vehicle was stopped and ending when the driver is free to |
| leave or taken into physical custody;
| (5) the location of the traffic stop; | (5.5) whether or not a consent search contemporaneous | to the stop was requested of the vehicle, driver, | passenger, or passengers; and, if so, whether consent was | given or denied;
| (6) whether or not a search contemporaneous to the stop | was conducted of
the
vehicle, driver, passenger, or | passengers; and, if so, whether it was with
consent or by | other means; | (6.2) whether or not a police dog performed a sniff of | the vehicle; and, if so, whether or not the dog alerted to | the presence of contraband; and, if so, whether or not an | officer searched the vehicle; and, if so, whether or not | contraband was discovered; and, if so, the type and amount | of contraband; | (6.5) whether or not contraband was found during a | search; and, if so, the type and amount of contraband | seized; and
| (7) the name and badge number of the issuing officer.
| (b) Whenever a State or local law enforcement officer stops | a
motorist for an alleged violation of the Illinois Vehicle | Code
and does not issue a uniform traffic citation or
warning | citation for an alleged violation of the Illinois
Vehicle Code, | he or she shall complete a uniform stop card, which includes
| field
contact cards, or any other existing form currently used |
| by law enforcement
containing
information required pursuant to | this Act,
that records
at least the following:
| (1) the name, address, gender,
and
the officer's | subjective determination of the race of the person
stopped; | the person's race shall be selected from the following | list:
American Indian or Alaska Native, Asian, Black or | African American, Hispanic or Latino, Native Hawaiian or | Other Pacific Islander, or White;
| (2) the reason that led to the stop of the
motorist;
| (3) the make and year of the vehicle
stopped;
| (4) the date and time of the stop, beginning when the | vehicle was stopped and ending when the driver is free to | leave or taken into physical custody;
| (5) the location of the traffic stop; | (5.5) whether or not a consent search contemporaneous | to the stop was requested of the vehicle, driver, | passenger, or passengers; and, if so, whether consent was | given or denied;
| (6) whether or not a search contemporaneous to the stop | was conducted of
the
vehicle, driver, passenger, or | passengers; and, if so, whether it was with
consent or by | other means; | (6.2) whether or not a police dog performed a sniff of | the vehicle; and, if so, whether or not the dog alerted to | the presence of contraband; and, if so, whether or not an | officer searched the vehicle; and, if so, whether or not |
| contraband was discovered; and, if so, the type and amount | of contraband; | (6.5) whether or not contraband was found during a | search; and, if so, the type and amount of contraband | seized; and
| (7) the name and badge number of the issuing
officer.
| (c) The Illinois Department of Transportation shall | provide a
standardized law
enforcement data compilation form on | its website.
| (d) Every law enforcement agency shall, by March 1 with | regard to data collected during July through December of the | previous calendar year and by August 1 with regard to data | collected during January through June of the current calendar | year, compile the data described in subsections (a) and (b) on
| the
standardized law enforcement data compilation form | provided by the Illinois
Department
of Transportation and | transmit the data to the Department.
| (e) The Illinois Department of Transportation shall | analyze the data
provided
by law
enforcement agencies required | by this Section and submit a report of the
previous year's
| findings to the
Governor, the General Assembly, the Racial | Profiling Prevention and Data Oversight Board, and each law | enforcement agency no later than
July 1
of each year. The | Illinois Department of
Transportation may contract with
an | outside entity for the analysis of the data provided. In | analyzing the data
collected
under this Section, the analyzing |
| entity shall scrutinize the data for evidence
of statistically
| significant aberrations. The following list, which
is | illustrative, and not exclusive, contains examples of areas in | which
statistically
significant aberrations may be found:
| (1) The percentage of minority drivers or passengers | being stopped in a
given
area
is substantially higher than | the proportion of the overall population in or
traveling
| through the area that the minority constitutes.
| (2) A substantial number of false stops including stops | not resulting in
the
issuance of a traffic ticket or the | making of an arrest.
| (3) A disparity between the proportion of citations | issued to minorities
and
proportion of minorities in the | population.
| (4) A disparity among the officers of the same law | enforcement agency with
regard to the number of minority | drivers or passengers being stopped in a given
area.
| (5) A disparity between the frequency of searches | performed on minority
drivers
and the frequency of searches | performed on non-minority drivers.
| (f) Any law enforcement officer identification information | or driver
identification information
that is
compiled by any | law enforcement agency or the Illinois Department of
| Transportation
pursuant to this Act for
the purposes of | fulfilling the requirements of this Section shall be
| confidential and exempt
from
public inspection and copying, as |
| provided under Section 7 of the Freedom of
Information
Act,
and | the information shall not be transmitted to anyone except as | needed to
comply with
this Section. This Section shall not | exempt those materials that, prior to the
effective date of | this
amendatory Act of the 93rd General Assembly, were | available under the Freedom
of
Information Act. This subsection | (f) shall not preclude law enforcement agencies from reviewing | data to perform internal reviews.
| (g) Funding to implement this Section shall come from | federal highway
safety
funds available to Illinois, as directed | by the Governor.
| (h) The Illinois Department of Transportation, in | consultation with
law enforcement agencies, officials, and | organizations, including Illinois
chiefs of police,
the | Department of State Police, the Illinois Sheriffs Association, | and the
Chicago Police
Department, and community groups and | other experts, shall undertake a study to
determine the best | use of technology to collect, compile, and analyze the
traffic | stop
statistical study data required by this Section. The | Department shall report
its findings
and recommendations to the | Governor and the General Assembly by March 1,
2004. | (h-5) For purposes of this Section: | (1) "American Indian or Alaska Native" means a person | having origins in any of the original peoples of North and | South America, including Central America, and who | maintains tribal affiliation or community attachment. |
| (2) "Asian" means a person having origins in any of the | original peoples of the Far East, Southeast Asia, or the | Indian subcontinent, including, but not limited to, | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, | the Philippine Islands, Thailand, and Vietnam. | (3) "Black or African American" means a person having | origins in any of the black racial groups of Africa. Terms | such as "Haitian" or "Negro" can be used in addition to | "Black or African American". | (4) "Hispanic or Latino" means a person of Cuban, | Mexican, Puerto Rican, South or Central American, or other | Spanish culture or origin, regardless of race. | (5) "Native Hawaiian or Other Pacific Islander" means a | person having origins in any of the original peoples of | Hawaii, Guam, Samoa, or other Pacific Islands. | (6) "White" means a person having origins in any of the | original peoples of Europe, the Middle East, or North | Africa. | (i) This Section is repealed on July 1, 2019 2015.
| (Source: P.A. 96-658, eff. 1-1-10; 97-396, eff. 1-1-12; 97-469, | eff. 7-1-12; 97-813, eff. 7-13-12.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
|
Effective Date: 6/30/2014
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