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    AN ACT concerning law enforcement.

 
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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 5. The Illinois Vehicle Code is amended  by changing 
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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) From January 1, 2004 until December 31, 2007,
whenever 
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a State or local law enforcement officer issues a
uniform 
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traffic citation or warning citation for an alleged
violation 
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of the Illinois Vehicle Code, he or she shall
record at least 
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the following:


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        (1) the name, address, gender, and
the officer's 
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    subjective determination of the race of
the person
stopped; 
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    the person's race shall be selected from the following 
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    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 
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    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;


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        (5) the location of the traffic stop;


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        (6) whether or not a search contemporaneous to the stop 
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    was conducted of
the
vehicle, driver, passenger, or 
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    passengers; and, if so, whether it was with
consent or by 
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    other means; and


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        (7) the name and badge number of the issuing officer.

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    (b) From January 1, 2004 until December 31, 2007,
whenever 
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a State or local law enforcement officer stops a
motorist for 
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an alleged violation of the Illinois Vehicle Code
and does not 
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issue a uniform traffic citation or
warning citation for an 
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alleged violation of the Illinois
Vehicle Code, he or she shall 
 


 






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complete a uniform stop card, which includes
field
contact 
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cards, or any other existing form currently used by law 
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enforcement
containing
information required pursuant to this 
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Act,
that records
at least the following:


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        (1) the name, address, gender,
and
the officer's 
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    subjective determination of the race of the person
stopped; 
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    the person's race shall be selected from the following 
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    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;


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        (5) the location of the traffic stop;


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        (6) whether or not a search contemporaneous to the stop 
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    was conducted of
the
vehicle, driver, passenger, or 
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    passengers; and, if so, whether it was with
consent or by 
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    other means; 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 
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provide a
standardized law
enforcement data compilation form on 
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its website.

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    (d) Every law enforcement agency shall, by March 1 in each 
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of the years
2004,
2005, 2006, and 2007, compile the data 
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described in subsections (a) and (b) on
the
standardized law 
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enforcement data compilation form provided by the Illinois

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Department
of Transportation and transmit the data to the 
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Department. If a local law enforcement agency neglects or fails 
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to transmit its data in a timely manner or neglects or fails to 
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accurately compile and submit data, then the Department of 
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Transportation shall withhold 1% of the motor fuel tax revenue 
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otherwise distributed monthly under 35 ILCS 505/8(e) to the 
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municipality or county of which the local law enforcement 
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agency is a part, but only if the local law enforcement agency 
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is under the jurisdiction and control of the municipality or 
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county, until such time as the Department of Transportation is 
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satisfied that the report has been accurately complied and 
 


 






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submitted.  The Department of Transportation shall adopt any 
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rules as may be necessary to implement the withholding and 
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subsequent release of motor fuel tax distributions as 
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authorized under this Section.


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    (e) The Illinois Department of Transportation shall 
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analyze the data
provided
by law
enforcement agencies required 
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by this Section and submit a report of the
findings to the

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Governor, the General Assembly, and each law enforcement agency 
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no later than
July 1
in each of the years 2005, 2006, 2007, and 
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2008. The Illinois Department of
Transportation may contract 
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with
an outside entity for the analysis of the data provided. 
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In analyzing the data
collected
under this Section, the 
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analyzing entity shall scrutinize the data for evidence
of 
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statistically
significant aberrations. The following list, 
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which
is illustrative, and not exclusive, contains examples of 
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areas in which
statistically
significant aberrations may be 
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found:


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        (1) The percentage of minority drivers or passengers 
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    being stopped in a
given
area
is substantially higher than 
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    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 
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    not resulting in
the
issuance of a traffic ticket or the 
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    making of an arrest.


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        (3) A disparity between the proportion of citations 
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    issued to minorities
and
proportion of minorities in the 
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    population.


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        (4) A disparity among the officers of the same law 
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    enforcement agency with
regard to the number of minority 
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    drivers or passengers being stopped in a given
area.


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        (5) A disparity between the frequency of searches 
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    performed on minority
drivers
and the frequency of searches 
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    performed on non-minority drivers.

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    (f) Any law enforcement officer identification information 
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or driver
identification information
that is
compiled by any 
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law enforcement agency or the Illinois Department of

 


 






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Transportation
pursuant to this Act for
the purposes of 
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fulfilling the requirements of this Section shall be

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confidential and exempt
from
public inspection and copying, as 
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provided under Section 7 of the Freedom of
Information
Act,
and 
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the information shall not be transmitted to anyone except as 
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needed to
comply with
this Section. This Section shall not 
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exempt those materials that, prior to the
effective date of 
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this
amendatory Act of the 93rd General Assembly, were 
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available under the Freedom
of
Information Act.

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    (g) Funding to implement this Section shall come from 
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federal highway
safety
funds available to Illinois, as directed 
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by the Governor.

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    (h) The Illinois Department of Transportation, in 
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consultation with
law enforcement agencies, officials, and 
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organizations, including Illinois
chiefs of police,
the 
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Department of State Police, the Illinois Sheriffs Association, 
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and the
Chicago Police
Department, and community groups and 
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other experts, shall undertake a study to
determine the best 
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use of technology to collect, compile, and analyze the
traffic 
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stop
statistical study data required by this Section. The 
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Department shall report
its findings
and recommendations to the 
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Governor and the General Assembly by March 1,
2004.

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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 upon 
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becoming law.