Public Act 098-0686
 
HB4442 EnrolledLRB098 17035 MLW 52119 b

    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    (Section scheduled to be repealed on July 1, 2015)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.