103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5560

 

Introduced 2/9/2024, by Rep. Marcus C. Evans, Jr.

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/2-131 new

    Amends the Illinois Vehicle Code. Provides that no law enforcement officer or law enforcement agency shall engage in profiling. Creates a cause of action against the State for individuals injured by profiling. Allows a court to award of attorney's fees to a prevailing plaintiff. Requires law enforcement agencies in the State to adopt policies designed to eliminate profiling by: (i) prohibiting profiling; (ii) including profiling issues as part of law enforcement training; (iii) establishing procedures for receiving, investigating, and responding to complaints alleging profiling by law enforcement officers or law enforcement agencies; (iv) adopting the model policies promoted by the Racial Profiling Prevention and Data Oversight Board; (v) collecting data in accordance with the Racial Profiling Prevention and Data Oversight Act; and (vi) ceasing practices that permit profiling. Defines terms.


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A BILL FOR

 

HB5560LRB103 39494 MXP 69691 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. The Illinois Vehicle Code is amended by adding
5Section 2-131 as follows:
 
6    (625 ILCS 5/2-131 new)
7    Sec. 2-131. Profiling prohibited; policies; enforcement;
8remedy.
9    (a) As used in this Section:
10    "Citizenship or immigration status" means all matters
11regarding citizenship of the United States or any other
12country or the authority to reside in or otherwise be present
13in the United States.
14    "Law enforcement agency" means an agency of the State or
15of a unit of local government charged with the enforcement of
16State, county, or municipal laws or with managing custody of
17detained persons in the State.
18    "Law enforcement officer" means any individual with the
19power to arrest or detain individuals, including law
20enforcement officers, corrections officers, and others
21employed or designated by a law enforcement agency.
22    "Profiling" means the practice of a law enforcement
23officer or law enforcement agency relying, to any degree, on

 

 

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1actual or perceived race, ethnicity, national origin,
2religion, gender, gender identity, sexual orientation, or
3citizenship status or immigration status in selecting which
4individual to subject to routine or spontaneous investigatory
5activities or in deciding upon the scope and substance of law
6enforcement activity following the initial investigatory
7procedure, except when there is trustworthy information,
8relevant to the locality and time frame, that links a person
9with a particular characteristic described in this paragraph
10to an identified criminal incident or scheme. "Profiling" does
11not include policing when race, ethnicity, national origin,
12religion, gender, gender identity, sexual orientation, or
13citizenship status or immigrations status is used in
14combination with other identifying factors as part of a
15specific individual description to initiate an enforcement
16action.
17    "Routine or spontaneous investigatory activities"
18includes, but is not limited to the following activities by a
19law enforcement officer or law enforcement agency: interviews,
20traffic stops, pedestrian stops, frisks and other types of
21body searches, and consensual or nonconsensual searches of the
22person, property, or possessions, including vehicles, of
23individuals using any form of public or private
24transportation, including motorists and pedestrians.
25    (b) No law enforcement officer or law enforcement agency
26shall engage in profiling.

 

 

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1    The State or an individual injured by profiling may
2enforce this Section in a civil action for declaratory or
3injunctive relief, filed in a circuit court of this State.
4    In any action brought under this Section, relief may be
5obtained against:
6        (1) any governmental body that employed any law
7    enforcement officer who engaged in profiling;
8        (2) any officer of such body who engaged in profiling;
9    and
10    Proof that routine or spontaneous investigatory activities
11of law enforcement officers or law enforcement agencies in a
12jurisdiction have had a disparate impact on an individual
13shall constitute prima facie evidence of a violation of this
14Section.
15    (c) In any action or proceeding to enforce this Section
16against any State agency, a court may allow a prevailing
17plaintiff reasonable attorney's fee as part of the costs, and
18may include expert fees as part of the attorney's fee.
19    (d) Law enforcement agencies in this State shall adopt
20policies to eliminate profiling by:
21        (1) prohibiting profiling;
22        (2) including profiling issues as part of law
23    enforcement training;
24        (3) establishing procedures for receiving,
25    investigating, and responding to complaints alleging
26    profiling by law enforcement officers or law enforcement

 

 

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1    agencies;
2        (4) adopting the model policies promoted by the Racial
3    Profiling Prevention and Data Oversight Board;
4        (5) collecting data in accordance with the Racial
5    Profiling Prevention and Data Oversight Act; and
6        (6) ceasing practices that permit profiling.