SB2980 94TH GENERAL ASSEMBLY

LRB094 18944 DRH 54398 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2980

Introduced 1/20/2006, by Sen. John J. Cullerton

SYNOPSIS AS INTRODUCED:

625 ILCS 5/11-212
725 ILCS 5/108-1.5 new

Amends the Illinois Vehicle Code. In a provision regarding a traffic stop statistical study, provides that, rather than expiring December 31, 2007, the study shall continue without a stated ending date. Provides that the provision applies only to the Department of State Police and county and municipal police departments (rather than all law enforcement agencies). Provides that stops of persons of Middle Eastern origin shall be included in the study. Provides that the data collected shall include whether or not a drug-sniffing dog was used in the search of a person or vehicle. Provides that the Department of Transportation shall adopt and enforce rules, including the imposition of fines and other penalties, to ensure compliance with the provision. Amends the Code of Criminal Procedure of 1963. Establishes procedures for canine sniffs at vehicle stops.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

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)

Sec. 11-212. Traffic stop statistical study.

(a) Whenever From January 1, 2004 until December 31, 2007, whenever a State Police Officer or an or local law enforcement officer of a county or municipal police department 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: Caucasian, African-American, Hispanic, Native American/Alaska Native, Middle Eastern, or Asian/Pacific Islander;

(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;

(5) the location of the traffic stop;

(6) whether or not a search contemporaneous to the stop was conducted of the vehicle, driver, passenger, or passengers; and, if there was a search: so,

(A) whether it was with consent or by other means; and

(B) whether it led to the discovery of any contraband;

(6.1) whether or not a civilian refused to give consent to a search; and

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

(8) for traffic stops occurring on or after the effective date of this amendatory Act of the 94th General Assembly:

(A) whether an investigation or procedure involving a drug detecting canine, or canine sniff, was conducted;

(B) if such an investigation or procedure was conducted, whether the canine alerted to the presence of contraband;

(C) if the canine alerted, whether an ensuing search by a law enforcement officer led to the discovery of contraband; and

(D) if the canine alerted to the presence of contraband, and the ensuing search did not lead to the discovery of contraband, information (if any) reflecting the cause of the alert.

(b) Whenever From January 1, 2004 until December 31, 2007, 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: Caucasian, African-American, Hispanic, Native American/Alaska Native, Middle Eastern or Asian/Pacific Islander;

(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;

(5) the location of the traffic stop;

(6) whether or not a search contemporaneous to the stop was conducted of the vehicle, driver, passenger, or passengers; and, if there was a search: so,

(A) whether it was with consent or by other means; and

(B) whether it led to the discovery of any contraband;

(6.1) whether or not a civilian refused to give consent to a search; and

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

(8) for traffic stops occurring on or after the effective date of this amendatory Act of the 94th General Assembly:

(A) whether an investigation or procedure involving a drug detecting canine, or canine sniff, was conducted;

(B) if such an investigation or procedure was conducted, whether the canine alerted to the presence of contraband;

(C) if the canine alerted, whether an ensuing search by a law enforcement officer led to the discovery of contraband; and

(D) if the canine alerted to the presence of contraband, and the ensuing search did not lead to the discovery of contraband, information (if any) reflecting the cause of the alert.

(c) The Illinois Department of Transportation shall provide a standardized law enforcement data compilation form on its website.

(d) The Department of State Police and each county and municipal police department Every law enforcement agency shall, by March 1 of in each year of the years 2004, 2005, 2006, and 2007, 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. The Department shall adopt and enforce appropriate rules, including the imposition of appropriate fines and other penalties, to address situations where the Department of State Police or a county or municipal police department fails to transmit this data on time. The Department may command the Department of State Police and county and municipal police departments to collect, compile, and transmit additional information not specifically enumerated in subsections (a) and (b), if relevant to the issue of bias-based law enforcement, including but not limited to information about traffic accidents.

(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 findings regarding the data collected the prior year to the Governor, the General Assembly, and each law enforcement agency no later than July 1 of in each year of the years 2005, 2006, 2007, and 2008. 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.

(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 shall consult no less than once per year , 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 regarding the best means , shall undertake a study to determine the best use of technology to collect, compile, and analyze, and report 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.

(Source: P.A. 93-209, eff. 7-18-03.)

Section 10. The Code of Criminal Procedure of 1963 is amended by adding Section 108-1.5 as follows:

(725 ILCS 5/108-1.5 new)

Sec. 108-1.5. Canine sniffs at vehicle stops.

(a) In determining whether to conduct an investigation or procedure involving a drug detecting canine, or canine sniff, of a motor vehicle or the driver or passenger of a motor vehicle stopped on the basis of a violation or suspected violation of the Illinois Vehicle Code, the peace officer may not consider the actual or perceived race, color, religion, national origin, ancestry, or age of the motorist or passenger.

(b) When an investigation or procedure involving a drug detecting canine, or canine sniff, is conducted on a motor vehicle or the driver or passenger of a motor vehicle stopped on the basis of a violation or suspected violation of the Illinois Vehicle Code, the investigation or procedure shall not unduly prolong the traffic stop beyond time reasonably required to complete the stop.

(c) When a motor vehicle is stopped on the basis of a violation or suspected violation of the Illinois Vehicle Code, nothing in this Section makes unlawful an investigation or procedure involving a drug detecting canine, or canine sniff, when the investigation or procedure (i) is conducted on the motor vehicle or the driver with the consent of the driver, or (ii) is conducted on the passenger with the consent of the passenger.