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Public Act 103-1047 Public Act 1047 103RD GENERAL ASSEMBLY | Public Act 103-1047 | SB3775 Enrolled | LRB103 39351 MXP 69514 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 Sections 7-201, 7-201.1, 11-212, 11-404, 11-407, and | 11-414 as follows: | (625 ILCS 5/7-201) (from Ch. 95 1/2, par. 7-201) | Sec. 7-201. Application of Article II. The Administrator | as soon as practicable after the receipt of the report, | required to be filed under Section 11-407 Sections 11-406 and | 11-410 , of a motor vehicle crash occurring within this State | and that has resulted in bodily injury or death of any person | or that damage to the property of any one person in excess of | $1,500 (or $500 if any of the vehicles involved in the crash is | subject to Section 7-601 but is not covered by a liability | insurance policy in accordance with Section 7-601) was | sustained, shall determine: | 1. Whether Section 7-202 of this Code requires the | deposit of security by or on behalf of any person who was | the operator or owner of any motor vehicle in any manner | involved in the crash; and | 2. What amount of security shall be sufficient to | satisfy any potential judgment or judgments for money |
| damages resulting from the crash as may be recovered | against the operator or owner, which amount shall in no | event be less than $1,500 (or $500 if any of the vehicles | involved in the crash is subject to Section 7-601 but is | not covered by a liability insurance policy in accordance | with Section 7-601). | (Source: P.A. 102-982, eff. 7-1-23 .) | (625 ILCS 5/7-201.1) (from Ch. 95 1/2, par. 7-201.1) | Sec. 7-201.1. If the Administrator has not received a | report required to be filed under Section 11-407 Sections | 11-406 and 11-410 , or if the information contained in a report | is insufficient, the Administrator shall send to the person | required to file the report a written request for the missing | report or the missing information. The Administrator shall | send such request no later than 45 days after the crash or 7 | days after receiving information that such crash has occurred, | whichever is later. | If the request is sent to a driver involved in a crash, the | request or an attachment thereto shall contain in bold print a | warning that failure to comply with the request within 15 days | may result in the suspension of the driver's license. | (Source: P.A. 102-982, eff. 7-1-23 .) | (625 ILCS 5/11-212) | Sec. 11-212. Traffic and pedestrian 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. | (b-5) For purposes of this subsection (b-5), "detention" | means all frisks, searches, summons, and arrests. Whenever a | law enforcement officer subjects a pedestrian to detention in |
| a public place, he or she shall complete a uniform pedestrian | stop card, which includes any existing form currently used by | law enforcement containing all the information required under | this Section, that records at least the following: | (1) the 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) all the alleged reasons that led to the stop of the | person; | (3) the date and time of the stop; | (4) the location of the stop; | (5) whether or not a protective pat down or frisk was | conducted of the person; and, if so, all the alleged | reasons that led to the protective pat down or frisk, and | whether it was with consent or by other means; | (6) whether or not contraband was found during the | protective pat down or frisk; and, if so, the type and | amount of contraband seized; | (7) whether or not a search beyond a protective pat | down or frisk was conducted of the person or his or her | effects; and, if so, all the alleged reasons that led to | the search, and whether it was with consent or by other | means; |
| (8) whether or not contraband was found during the | search beyond a protective pat down or frisk; and, if so, | the type and amount of contraband seized; | (9) the disposition of the stop, such as a warning, a | ticket, a summons, or an arrest; | (10) if a summons or ticket was issued, or an arrest | made, a record of the violations, offenses, or crimes | alleged or charged; and | (11) the name and badge number of the officer who | conducted the detention. | This subsection (b-5) does not apply to searches or | inspections for compliance authorized under the Fish and | Aquatic Life Code, the Wildlife Code, the Herptiles-Herps Act, | or searches or inspections during routine security screenings | at facilities or events. | (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 February 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), | (b), and (b-5) 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, passengers, or | pedestrians 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, passengers, or pedestrians being stopped in a |
| given area. | (5) A disparity between the frequency of searches | performed on minority drivers or pedestrians and the | frequency of searches performed on non-minority drivers or | pedestrians. | (f) Any law enforcement officer identification information | and driver or pedestrian 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 Criminal Justice Information Authority, | in consultation with law enforcement agencies, officials, and | organizations, including Illinois chiefs of police, the | Illinois 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, 2022. | (h-1) The Traffic and Pedestrian Stop Data Use and | Collection Task Force is hereby created. | (1) The Task Force 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. | (2) The Task Force shall be an independent Task Force | under the Illinois Criminal Justice Information Authority | for administrative purposes, and shall consist of the | following members: | (A) 2 academics or researchers who have studied | issues related to traffic or pedestrian stop data | collection and have education or expertise in | statistics; | (B) one professor from an Illinois university who | specializes in policing and racial equity; | (C) one representative from the Illinois State | Police; | (D) one representative from the Chicago Police | Department; |
| (E) one representative from the Illinois Chiefs of | Police; | (F) one representative from the Illinois Sheriffs | Association; | (G) one representative from the Chicago Fraternal | Order of Police; | (H) one representative from the Illinois Fraternal | Order of Police; | (I) the Executive Director of the American Civil | Liberties Union of Illinois, or his or her designee; | and | (J) 5 representatives from different community | organizations who specialize in civil or human rights, | policing, or criminal justice reform work, and that | represent a range of minority interests or different | parts of the State. | (3) The Illinois Criminal Justice Information | Authority may consult, contract, work in conjunction with, | and obtain any information from any individual, agency, | association, or research institution deemed appropriate by | the Authority. | (4) The Task Force shall report its findings and | recommendations to the Governor and the General Assembly | by March 1, 2022 and every 3 years after. | (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. | (2.5) "Badge" means an officer's department issued | identification number associated with his or her position | as a police officer with that department. | (3) "Black or African American" means a person having | origins in any of the black racial groups of Africa. | (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) (Blank). | (Source: P.A. 101-24, eff. 6-21-19; 102-465, eff. 1-1-22; | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) |
| (625 ILCS 5/11-404) (from Ch. 95 1/2, par. 11-404) | Sec. 11-404. Duty upon damaging unattended vehicle or | other property. | (a) The driver of any vehicle which collides with or is | involved in a motor vehicle crash with any vehicle which is | unattended, or other property, resulting in any damage to such | other vehicle or property shall immediately stop and shall | then and there either locate and notify the operator or owner | of such vehicle or other property of the driver's name, | address, registration number and owner of the vehicle the | driver was operating or shall attach securely in a conspicuous | place on or in the vehicle or other property struck a written | notice giving the driver's name, address, registration number | and owner of the vehicle the driver was driving and shall | without unnecessary delay notify the nearest office of a duly | authorized police authority and shall make a written report of | such crash when and as required in Section 11-407 11-406 . | Every such stop shall be made without obstructing traffic more | than is necessary. If a damaged vehicle is obstructing traffic | lanes, the driver of the vehicle must make every reasonable | effort to move the vehicle or have it moved so as not to block | the traffic lanes. | (b) Any person failing to comply with this Section shall | be guilty of a Class A misdemeanor. | (c) If any peace officer or highway authority official | finds (i) a vehicle standing upon a highway or toll highway in |
| violation of a prohibition, limitation, or restriction on | stopping, standing, or parking imposed under this Code or (ii) | a disabled vehicle that obstructs the roadway of a highway or | toll highway, the peace officer or highway authority official | is authorized to move the vehicle or to require the operator of | the vehicle to move the vehicle to the shoulder of the road, to | a position where parking is permitted, or to public parking or | storage premises. The removal may be performed by, or under | the direction of, the peace officer or highway authority | official or may be contracted for by local authorities. After | the vehicle has been removed, the peace officer or highway | authority official shall follow appropriate procedures, as | provided in Section 4-203 of this Code. | (d) A towing service, its officers, and its employees are | not liable for loss of or damages to any real or personal | property that occurs as the result of the removal or towing of | any vehicle under subsection (c), as provided in subsection | (b) of Section 4-213. | (Source: P.A. 102-982, eff. 7-1-23 .) | (625 ILCS 5/11-407) (from Ch. 95 1/2, par. 11-407) | Sec. 11-407. Immediate notice of crash. | (a) The driver of a vehicle that which is in any manner | involved in a crash in this State that requires notice to be | given to the local police department, the county sheriff, or | the Illinois State Police under this Section described in |
| Section 11-406 of this Chapter shall, if no police officer is | present, give notice of the crash by the fastest available | means of communication to the local police department if such | crash occurs within a municipality or otherwise to the nearest | office of the county sheriff or nearest headquarters of the | Illinois State Police. Notice is required to be given under | this subsection (a) if the crash: (1) results in injury to or | death of any person; (2) results in damage to the property of | any person, including the driver, in excess of $1,500 (or $500 | if any of the vehicles involved in the accident is subject to | Section 7-601 but is not covered by a liability insurance | policy) in accordance with Section 7-601; (3) if a school bus | is involved in the crash and the crash is caused by a | collision, a sudden stop, or otherwise, and the crash results | in any property damage, personal injury, or death; or (4) if | the crash occurs within 50 feet of a school bus and results in | personal injury to or death of any person who is awaiting or | preparing to board the school bus or immediately after the | person exits the school bus. | (b) Whenever the driver of a vehicle is physically | incapable of giving immediate notice of a crash as required in | Subsection (a) and there was another occupant in the vehicle | at the time of the crash capable of doing so, that occupant | must give notice as required in Subsection (a). | (Source: P.A. 102-982, eff. 7-1-23 .) |
| (625 ILCS 5/11-414) (from Ch. 95 1/2, par. 11-414) | Sec. 11-414. Department to tabulate and analyze motor | vehicle crash reports. The Department shall tabulate and may | analyze all written motor vehicle crash reports received in | compliance with this Code and shall publish annually or at | more frequent intervals motor vehicle crash data. The | Department: | 1. (blank); | 2. shall, upon written request, make available to the | public motor vehicle crash data that shall be distributed | under Sections 11-412 and 11-417 of this Code; | 3. may conduct special investigations of motor vehicle | crashes and may solicit supplementary reports from | drivers, owners, police departments, sheriffs, coroners, | or any other individual. Failure of any individual to | submit a supplementary report subjects such individual to | the same penalties for failure to report as designated | under Section 11-407 11-406 . | (Source: P.A. 102-982, eff. 7-1-23 .) | Section 10. The DUI Prevention and Education Commission | Act is amended by changing Sections 15 and 20 as follows: | (625 ILCS 70/15) | Sec. 15. Powers. The Commission may create rules and | guidelines for distributing funds and shall: |
| (1) determine the best course of action for distributing | funds on a regular basis, either a competitive grant | program or direct expenditures from the DUI Prevention and | Education Fund; | (2) at the end of fiscal years when funds are expended, | provide a report to the General Assembly of how funds were | expended, including, but not limited to, a list of | grantees if applicable and program metrics; and | (3) provide approval to the Department of Transportation | for use of funds. | (1) create rules and guidelines to consider in | accepting, reviewing, and determining grant applications; | (2) as necessary, meet to determine recipients of | grants from the DUI Prevention and Education Fund; and | (3) provide a list of eligible grant recipients to the | Department of Transportation. | (Source: P.A. 101-196, eff. 1-1-20 .) | (625 ILCS 70/20) | Sec. 20. DUI Prevention and Education Fund; transfer of | funds. | (a) The DUI Prevention and Education Fund is created as a | special fund in the State treasury. Subject to appropriation, | all moneys in the DUI Prevention and Education Fund shall be | distributed by the Department of Transportation with approval | guidance from the DUI Prevention and Education Commission as |
| grants for crash victim programs and materials, impaired | driving prevention programs, law enforcement support, and | other DUI-related programs. | (b) As soon as practical after the effective date of this | Act, the State Comptroller shall direct and the State | Treasurer shall transfer any remaining balance in excess of | $30,000 from the Roadside Memorial Fund to the DUI Prevention | and Education Fund. Starting in 2021 and continuing every year | after, the cash balance in the Roadside Memorial Fund on June | 30 shall be transferred to the DUI Prevention and Education | Fund as soon as practical. | (Source: P.A. 101-196, eff. 1-1-20; 102-60, eff. 7-9-21.) |
Effective Date: 1/1/2025
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