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Public Act 094-0997
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| SB2368 Enrolled |
LRB094 17976 DRH 53279 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the Racial |
Profiling Prevention and Data Oversight Act.
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Section 5. Legislative purpose. The purpose of this Act is |
to identify and address bias-based policing through the |
monitoring, review, and improvement of the collection of racial |
profiling information collected under the Illinois Traffic |
Stop Statistical Study. Through this data collection and |
review, a more accurate understanding of this problem can be |
obtained, thus allowing the concerns of the motoring public to |
be better addressed, resources such as specialized training to |
be provided, the honest efforts of Illinois' law enforcement |
professionals to be demonstrated, and the civil rights of all |
Illinois citizens to be protected.
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Section 10. Definitions. As used in this Act: |
(a) "Oversight Board" means the Racial Profiling |
Prevention and Data Oversight Board established under this Act. |
(b) "Department" means the Illinois Department of |
Transportation. |
(c) "Traffic Stop Statistical Study Act" means Section |
11-212 of the Illinois Vehicle Code.
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Section 15. Oversight Board.
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(a) There is created within the Department a Racial |
Profiling Prevention and Data Oversight Board, consisting of 15 |
members, which shall independently exercise its powers, |
duties, and responsibilities. The Board shall have the |
authority to allow additional participation from various |
groups that the Board deems necessary for additional input. |
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(b) The membership of the Oversight Board shall consist of: |
(1) 4 legislators appointed by the General Assembly |
leadership equally apportioned between the 2 houses and |
political parties; |
(2) the Attorney General or his or her designee; |
(3) the Secretary of the Illinois Department of |
Transportation or his or her designee; |
(4) the Director of the Illinois State Police or his or |
her designee; |
(5) 3 members of county or city law enforcement |
agencies, representing jurisdictions of varied size and |
geography, appointed by the Governor; |
(6) 4 members of community organizations representing |
minority interests, appointed by the Governor; and |
(7) one member of the Illinois academic community
with |
specific expertise in both statistical analysis and law |
enforcement, appointed by the Governor. |
(c) All members shall serve 2 years and until their |
successors are appointed. Members may be reappointed for an |
unlimited number of terms. The Oversight Board shall meet at |
least quarterly.
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Section 20. Chairpersons. From the membership of the |
Board, the Governor shall designate the chair and vice chair, |
who shall serve at the discretion of the Governor. Chairpersons |
shall serve in that capacity for a term not to exceed 2 years.
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Section 25. Funding. Funding to implement this Act shall be |
appropriated by the General Assembly to the Department.
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Section 30. Compensation. Members of the Oversight Board |
shall serve without compensation. Members may be reimbursed by |
the Department for reasonable expenses incurred in connection |
with their duties.
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Section 35. Staffing. The Secretary of the Department shall |
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employ or assign, in accordance with the provisions of the |
Illinois Personnel Code, the administrative, professional, |
clerical, and other personnel required and may organize his or |
her staff as may be appropriate to effectuate the purposes, |
powers, duties, and responsibilities contained in this Act.
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Section 40. Powers and Duties of the Oversight Board. The |
Oversight Board shall have the following powers, duties, and |
responsibilities: |
(a) To operate purely as an advisory body. Any changes to |
rules and policy promoted by the Oversight Board are only |
recommendations, which may be reported to the Governor, the |
Secretary of State, and the General Assembly or to appropriate |
law enforcement agencies. |
(b) To coordinate the development, adoption, and |
implementation of plans and strategies to eliminate racial |
profiling in Illinois and to coordinate the development, |
adoption, and implementation of plans and strategies to create |
public awareness programs in minority communities, designed to |
educate individuals regarding racial profiling and their civil |
rights. |
(c) To promulgate model policies for police agencies that |
are designed to protect individuals' civil rights related to |
police traffic enforcement and to recommend to law enforcement |
agencies model rules as may be necessary to effectuate training |
regarding data collection and mechanisms to engage those |
agencies who willfully fail to comply with the requirements of |
the Traffic Stop Statistical Study Act.
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(d) To study and to issue reports and recommendations to |
the Governor, the Secretary of State, and the General Assembly |
regarding the following subjects by the following dates: |
(1) no later than July 1, 2008, regarding strategies to |
improve the benchmark data available to identify the race, |
ethnicity, and geographical residence of the Illinois |
driving population, beginning on August 1, 2008, with the |
collection of race and ethnicity data on new and renewal |
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applicants for driver's licenses. This data shall be |
available for statistical benchmark comparison purposes |
only; |
(2) no later than January 1, 2009, regarding data |
collection requirements with respect to additional race |
and ethnicity categories to be added to the traffic stop |
statistical study in order to improve data collection among |
unreported and under-reported minority populations. The |
Board shall study, and recommend if required, at a minimum, |
data collection strategies, categories, and benchmarks for |
persons of Middle-Eastern origin. The Board shall also |
study stops lasting over 30 minutes and define categorical |
reasons for the extended stops; |
(3) no later than July 1, 2009, regarding technological |
solutions to aid in the identification, elimination, and |
prevention of racial profiling and to recommend funding |
sources for statewide implementation of the technological |
solutions; |
(4) no later than January 1, 2010, regarding whether |
Illinois should continue the mandatory data collection |
required under this Act, as well as the best practices of |
data collection as related to the identification, |
elimination, and prevention of bias-based policing; and |
(5) on or before April 1 of each year, regarding the |
Oversight Board's activities during the previous fiscal |
year.
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Section 90. The Illinois Vehicle Code is amended by |
changing Section 11-212 as follows:
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(625 ILCS 5/11-212)
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Sec. 11-212. Traffic stop statistical study.
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(a) Whenever
From January 1, 2004 until December 31, 2007,
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whenever a State or local law enforcement officer issues a
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uniform traffic citation or warning citation for an alleged
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violation of the Illinois Vehicle Code, he or she shall
record |
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at least the following:
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(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:
Caucasian, African-American, Hispanic, Native
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American/Alaska Native,
or Asian/Pacific Islander;
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(2) the alleged traffic violation that led to the
stop |
of the motorist;
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(3) the make and year of the vehicle
stopped;
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(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;
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(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;
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(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; and |
(6.5) whether or not contraband was found during a |
search; and, if so, the type and amount of contraband |
seized; and
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(7) the name and badge number of the issuing officer.
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(b) Whenever
From January 1, 2004 until December 31, 2007,
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whenever a State or local law enforcement officer stops a
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motorist for an alleged violation of the Illinois Vehicle Code
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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
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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:
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(1) the name, address, gender,
and
the officer's |
subjective determination of the race of the person
stopped; |
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the person's race shall be selected from the following |
list:
Caucasian, African-American, Hispanic, Native
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American/Alaska
Native, or Asian/Pacific Islander;
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(2) the reason that led to the stop of the
motorist;
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(3) the make and year of the vehicle
stopped;
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(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;
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(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;
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(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; and |
(6.5) whether or not contraband was found during a |
search; and, if so, the type and amount of contraband |
seized; and
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(7) the name and badge number of the issuing
officer.
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(c) The Illinois Department of Transportation shall |
provide a
standardized law
enforcement data compilation form on |
its website.
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(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
in each of the years
2004,
2005, 2006, and 2007, compile |
the data described in subsections (a) and (b) on
the
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standardized law enforcement data compilation form provided by |
the Illinois
Department
of Transportation and transmit the data |
to the Department.
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(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
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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
in each of |
the years 2005, 2006, 2007, and 2008. The Illinois Department |
of
Transportation may contract with
an outside entity for the |
analysis of the data provided. In analyzing the data
collected
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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:
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(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
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through the area that the minority constitutes.
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(2) A substantial number of false stops including stops |
not resulting in
the
issuance of a traffic ticket or the |
making of an arrest.
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(3) A disparity between the proportion of citations |
issued to minorities
and
proportion of minorities in the |
population.
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(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.
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(5) A disparity between the frequency of searches |
performed on minority
drivers
and the frequency of searches |
performed on non-minority drivers.
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(f) Any law enforcement officer identification information |
or driver
identification information
that is
compiled by any |
law enforcement agency or the Illinois Department of
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Transportation
pursuant to this Act for
the purposes of |
fulfilling the requirements of this Section shall be
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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 |
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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.
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(g) Funding to implement this Section shall come from |
federal highway
safety
funds available to Illinois, as directed |
by the Governor.
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(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. |
(i) This Section is repealed on July 1, 2010.
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(Source: P.A. 93-209, eff. 7-18-03.)
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Section 99. Effective date. This Act takes effect January |
1, 2007, except that the Racial Profiling Prevention and Data |
Oversight Act takes effect January 1, 2008. |