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| | HB3961 Engrossed | | LRB097 16272 RLC 61585 b |
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| 1 | | AN ACT concerning reports of stun gun and taser use by law |
| 2 | | enforcement officers.
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| 3 | | Be it enacted by the People of the State of Illinois,
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| 4 | | represented in the General Assembly:
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| 5 | | Section 1. Short title. This Act may be cited as the Law |
| 6 | | Enforcement Officer Stun Gun and Taser Use Reporting Act.
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| 7 | | Section 5. Taser Reporting. |
| 8 | | (a) Beginning January 1, 2013 until December 31, 2017, |
| 9 | | subsequent to the use of a stun gun or taser by a State or local |
| 10 | | law enforcement officer to subdue a subject, the officer shall |
| 11 | | record the following information: |
| 12 | | (1) the name, address, gender, age, and the officer's |
| 13 | | subjective determination of the race of the person who was |
| 14 | | tased; the person's race shall be selected from the |
| 15 | | following list: American Indian or Alaska Native, Asian, |
| 16 | | Black or African American, Hispanic or Latino, Native |
| 17 | | Hawaiian or Other Pacific Islander, or White;
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| 18 | | (2) the alleged violation that led to the tasering of |
| 19 | | the subject;
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| 20 | | (3) the date and time of the incident, beginning when |
| 21 | | the
person was approached by the officer and ending when |
| 22 | | the subject was free to leave or taken into physical |
| 23 | | custody;
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| 1 | | (4) the location of the incident;
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| 2 | | (5) the type of crime or incident the subject was |
| 3 | | involved in; |
| 4 | | (6) determination of whether deadly force would have |
| 5 | | been justified;
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| 6 | | (7) investigative statements of: |
| 7 | | (i) the subject, |
| 8 | | (ii) all personnel who used a stun gun or taser in |
| 9 | | the incident, and |
| 10 | | (iii) all witnesses;
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| 11 | | (8) the type and brand of stun gun or taser used;
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| 12 | | (9) the number of activations, the duration of each |
| 13 | | cycle, the duration between activations, and (as best as |
| 14 | | can be determined) the duration that the subject received |
| 15 | | applications;
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| 16 | | (10) the level of aggression encountered;
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| 17 | | (11) any weapons possessed by the subject;
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| 18 | | (12) the range at which the stun gun or taser was used; |
| 19 | | (13) the type of mode used (probe deployment or drive |
| 20 | | stun); |
| 21 | | (14) the point of probe impact on a subject with the |
| 22 | | device in probe mode; |
| 23 | | (15) the point of impact on a subject with the device |
| 24 | | in drive stun mode; |
| 25 | | (16) location of missed probes;
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| 26 | | (17) terrain and weather conditions during stun gun or |
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| 1 | | taser use; |
| 2 | | (18) lighting conditions; |
| 3 | | (19) the type of cartridge used; |
| 4 | | (20) suspicion that subject was under the influence of |
| 5 | | drugs (specify drug or drugs if available); |
| 6 | | (21) medical care provided to the subject; |
| 7 | | (22) any injuries incurred by personnel or the subject; |
| 8 | | and |
| 9 | | (23) the name and badge number of the issuing officer. |
| 10 | | (b) The Illinois Criminal Justice Information
Authority |
| 11 | | shall provide a standardized law enforcement data compilation |
| 12 | | form on its website. |
| 13 | | (c) Every law enforcement agency shall, by March 1 with |
| 14 | | regard to data collected during July through December of the |
| 15 | | previous calendar year and by August 1 with regard to data |
| 16 | | collected during January through June of the current calendar |
| 17 | | year, compile the data described in subsection (a) on the |
| 18 | | standardized law enforcement data compilation form provided by |
| 19 | | the Illinois Criminal Justice Information
Authority and |
| 20 | | transmit the data to the Authority.
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| 21 | | (d) The Illinois Criminal Justice Information
Authority |
| 22 | | shall analyze the data provided by law enforcement agencies |
| 23 | | required by this Section and submit a report of the previous |
| 24 | | year's findings to the Governor, the General Assembly, and each |
| 25 | | law enforcement agency no later than July 1 of each year. The |
| 26 | | Illinois Criminal Justice Information
Authority may contract |
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| 1 | | with an outside entity for the analysis of the data provided. |
| 2 | | In analyzing the data collected under this Section, the |
| 3 | | analyzing entity shall scrutinize the data for evidence of |
| 4 | | statistically significant aberrations.
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| 5 | | (e) For purposes of this Section: |
| 6 | | (1) "American Indian or Alaska Native" means a person
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| 7 | | having origins in any of the original peoples of North and |
| 8 | | South America, including Central America, and who |
| 9 | | maintains tribal affiliation or community attachment. |
| 10 | | (2) "Asian" means a person having origins in any of
the |
| 11 | | original peoples of the Far East, Southeast Asia, or the |
| 12 | | Indian subcontinent, including, but not limited to, |
| 13 | | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, |
| 14 | | the Philippine Islands, Thailand, and Vietnam. |
| 15 | | (3) "Black or African American" means a person having
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| 16 | | origins in any of the black racial groups of Africa. Terms |
| 17 | | such as "Haitian" or "Negro" can be used in addition to |
| 18 | | "Black or African American". |
| 19 | | (4) "Hispanic or Latino" means a person of Cuban,
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| 20 | | Mexican, Puerto Rican, South or Central American, or other |
| 21 | | Spanish culture or origin, regardless of race.
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| 22 | | (5) "Native Hawaiian or Other Pacific Islander" means
a |
| 23 | | person having origins in any of the original peoples of |
| 24 | | Hawaii, Guam, Samoa, or other Pacific Islands. |
| 25 | | (6) "Stun gun or taser" has the meaning ascribed to the |
| 26 | | term in Section 24-1 of the Criminal Code of 1961. |