HB1195 EngrossedLRB097 06380 PJG 46462 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Police Training Act is amended by
5changing Section 2 and by adding Section 10.12 as follows:
 
6    (50 ILCS 705/2)  (from Ch. 85, par. 502)
7    Sec. 2. Definitions. As used in this Act, unless the
8context otherwise requires:
9    "Board" means the Illinois Law Enforcement Training
10Standards Board.
11    "Local governmental agency" means any local governmental
12unit or municipal corporation in this State. It does not
13include the State of Illinois or any office, officer,
14department, division, bureau, board, commission, or agency of
15the State, except that it does include a State-controlled
16university, college or public community college.
17    "Police training school" means any school located within
18the State of Illinois whether privately or publicly owned which
19offers a course in police or county corrections training and
20has been approved by the Board.
21    "Probationary police officer" means a recruit law
22enforcement officer required to successfully complete initial
23minimum basic training requirements at a police training school

 

 

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1to be eligible for permanent full-time employment as a local
2law enforcement officer.
3    "Probationary part-time police officer" means a recruit
4part-time law enforcement officer required to successfully
5complete initial minimum part-time training requirements to be
6eligible for employment on a part-time basis as a local law
7enforcement officer.
8    "Permanent police officer" means a law enforcement officer
9who has completed his or her probationary period and is
10permanently employed on a full-time basis as a local law
11enforcement officer by a participating local governmental unit
12or as a security officer or campus policeman permanently
13employed by a participating State-controlled university,
14college, or public community college.
15    "Part-time police officer" means a law enforcement officer
16who has completed his or her probationary period and is
17employed on a part-time basis as a law enforcement officer by a
18participating unit of local government or as a campus policeman
19by a participating State-controlled university, college, or
20public community college.
21    "Law enforcement officer" means (i) any police officer of a
22local governmental agency who is primarily responsible for
23prevention or detection of crime and the enforcement of the
24criminal code, traffic, or highway laws of this State or any
25political subdivision of this State or (ii) any member of a
26police force appointed and maintained as provided in Section 2

 

 

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1of the Railroad Police Act.
2    "Recruit" means any full-time or part-time law enforcement
3officer or full-time county corrections officer who is enrolled
4in an approved training course.
5    "Probationary county corrections officer" means a recruit
6county corrections officer required to successfully complete
7initial minimum basic training requirements at a police
8training school to be eligible for permanent employment on a
9full-time basis as a county corrections officer.
10    "Permanent county corrections officer" means a county
11corrections officer who has completed his probationary period
12and is permanently employed on a full-time basis as a county
13corrections officer by a participating local governmental
14unit.
15    "County corrections officer" means any sworn officer of the
16sheriff who is primarily responsible for the control and
17custody of offenders, detainees or inmates.
18    "Probationary court security officer" means a recruit
19court security officer required to successfully complete
20initial minimum basic training requirements at a designated
21training school to be eligible for employment as a court
22security officer.
23    "Permanent court security officer" means a court security
24officer who has completed his or her probationary period and is
25employed as a court security officer by a participating local
26governmental unit.

 

 

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1    "Court security officer" has the meaning ascribed to it in
2Section 3-6012.1 of the Counties Code.
3(Source: P.A. 94-846, eff. 1-1-07.)
 
4    (50 ILCS 705/10.12 new)
5    Sec. 10.12. Police dog training standards. Beginning July
61, 2012, all police dogs used by State and local law
7enforcement agencies for drug enforcement purposes pursuant to
8the Cannabis Control Act (720 ILCS 550/), the Illinois
9Controlled Substances Act (720 ILCS 570/), and the
10Methamphetamine Control and Community Protection Act (720 ILCS
11646/) shall be trained by programs that meet the minimum
12certification requirements set by the Board.
 
13    Section 10. The Illinois Vehicle Code is amended by
14changing Section 11-212 as follows:
 
15    (625 ILCS 5/11-212)
16    (Section scheduled to be repealed on July 1, 2015)
17    Sec. 11-212. Traffic stop statistical study.
18    (a) Whenever a State or local law enforcement officer
19issues a uniform traffic citation or warning citation for an
20alleged violation of the Illinois Vehicle Code, he or she shall
21record at least the following:
22        (1) the name, address, gender, and the officer's
23    subjective determination of the race of the person stopped;

 

 

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1    the person's race shall be selected from the following
2    list: Caucasian, African-American, Hispanic, Native
3    American/Alaska Native, or Asian/Pacific Islander;
4        (2) the alleged traffic violation that led to the stop
5    of the motorist;
6        (3) the make and year of the vehicle stopped;
7        (4) the date and time of the stop, beginning when the
8    vehicle was stopped and ending when the driver is free to
9    leave or taken into physical custody;
10        (5) the location of the traffic stop;
11        (5.5) whether or not a consent search contemporaneous
12    to the stop was requested of the vehicle, driver,
13    passenger, or passengers; and, if so, whether consent was
14    given or denied;
15        (6) whether or not a search contemporaneous to the stop
16    was conducted of the vehicle, driver, passenger, or
17    passengers; and, if so, whether it was with consent or by
18    other means;
19        (6.2) whether or not a police dog performed a sniff of
20    the vehicle; and, if so, whether or not the dog alerted to
21    the presence of contraband; and, if so, whether or not an
22    officer searched the vehicle; and, if so, whether or not
23    contraband was discovered; and, if so, the type and amount
24    of contraband;
25        (6.5) whether or not contraband was found during a
26    search; and, if so, the type and amount of contraband

 

 

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1    seized; and
2        (7) the name and badge number of the issuing officer.
3    (b) Whenever a State or local law enforcement officer stops
4a motorist for an alleged violation of the Illinois Vehicle
5Code and does not issue a uniform traffic citation or warning
6citation for an alleged violation of the Illinois Vehicle Code,
7he or she shall complete a uniform stop card, which includes
8field contact cards, or any other existing form currently used
9by law enforcement containing information required pursuant to
10this Act, that records at least the following:
11        (1) the name, address, gender, and the officer's
12    subjective determination of the race of the person stopped;
13    the person's race shall be selected from the following
14    list: Caucasian, African-American, Hispanic, Native
15    American/Alaska Native, or Asian/Pacific Islander;
16        (2) the reason that led to the stop of the motorist;
17        (3) the make and year of the vehicle stopped;
18        (4) the date and time of the stop, beginning when the
19    vehicle was stopped and ending when the driver is free to
20    leave or taken into physical custody;
21        (5) the location of the traffic stop;
22        (5.5) whether or not a consent search contemporaneous
23    to the stop was requested of the vehicle, driver,
24    passenger, or passengers; and, if so, whether consent was
25    given or denied;
26        (6) whether or not a search contemporaneous to the stop

 

 

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1    was conducted of the vehicle, driver, passenger, or
2    passengers; and, if so, whether it was with consent or by
3    other means;
4        (6.2) whether or not a police dog performed a sniff of
5    the vehicle; and, if so, whether or not the dog alerted to
6    the presence of contraband; and, if so, whether or not an
7    officer searched the vehicle; and, if so, whether or not
8    contraband was discovered; and, if so, the type and amount
9    of contraband;
10        (6.5) whether or not contraband was found during a
11    search; and, if so, the type and amount of contraband
12    seized; and
13        (7) the name and badge number of the issuing officer.
14    (c) The Illinois Department of Transportation shall
15provide a standardized law enforcement data compilation form on
16its website.
17    (d) Every law enforcement agency shall, by March 1 with
18regard to data collected during July through December of the
19previous calendar year and by August 1 with regard to data
20collected during January through June of the current calendar
21year, compile the data described in subsections (a) and (b) on
22the standardized law enforcement data compilation form
23provided by the Illinois Department of Transportation and
24transmit the data to the Department.
25    (e) The Illinois Department of Transportation shall
26analyze the data provided by law enforcement agencies required

 

 

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1by this Section and submit a report of the previous year's
2findings to the Governor, the General Assembly, the Racial
3Profiling Prevention and Data Oversight Board, and each law
4enforcement agency no later than July 1 of each year. The
5Illinois Department of Transportation may contract with an
6outside entity for the analysis of the data provided. In
7analyzing the data collected under this Section, the analyzing
8entity shall scrutinize the data for evidence of statistically
9significant aberrations. The following list, which is
10illustrative, and not exclusive, contains examples of areas in
11which statistically significant aberrations may be found:
12        (1) The percentage of minority drivers or passengers
13    being stopped in a given area is substantially higher than
14    the proportion of the overall population in or traveling
15    through the area that the minority constitutes.
16        (2) A substantial number of false stops including stops
17    not resulting in the issuance of a traffic ticket or the
18    making of an arrest.
19        (3) A disparity between the proportion of citations
20    issued to minorities and proportion of minorities in the
21    population.
22        (4) A disparity among the officers of the same law
23    enforcement agency with regard to the number of minority
24    drivers or passengers being stopped in a given area.
25        (5) A disparity between the frequency of searches
26    performed on minority drivers and the frequency of searches

 

 

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1    performed on non-minority drivers.
2    (f) Any law enforcement officer identification information
3or driver identification information that is compiled by any
4law enforcement agency or the Illinois Department of
5Transportation pursuant to this Act for the purposes of
6fulfilling the requirements of this Section shall be
7confidential and exempt from public inspection and copying, as
8provided under Section 7 of the Freedom of Information Act, and
9the information shall not be transmitted to anyone except as
10needed to comply with this Section. This Section shall not
11exempt those materials that, prior to the effective date of
12this amendatory Act of the 93rd General Assembly, were
13available under the Freedom of Information Act. This subsection
14(f) shall not preclude law enforcement agencies from reviewing
15data to perform internal reviews.
16    (g) Funding to implement this Section shall come from
17federal highway safety funds available to Illinois, as directed
18by the Governor.
19    (h) The Illinois Department of Transportation, in
20consultation with law enforcement agencies, officials, and
21organizations, including Illinois chiefs of police, the
22Department of State Police, the Illinois Sheriffs Association,
23and the Chicago Police Department, and community groups and
24other experts, shall undertake a study to determine the best
25use of technology to collect, compile, and analyze the traffic
26stop statistical study data required by this Section. The

 

 

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1Department shall report its findings and recommendations to the
2Governor and the General Assembly by March 1, 2004.
3    (i) This Section is repealed on July 1, 2015.
4(Source: P.A. 95-290, eff. 8-20-07; 96-658, eff. 1-1-10.)
 
5    Section 99. Effective date. This Act takes effect July 1,
62012.