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Rep. Daniel V. Beiser
Filed: 5/12/2011
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| 1 | | AMENDMENT TO SENATE BILL 1291
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1291 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Code of Criminal Procedure of 1963 is |
| 5 | | amended by adding Section 107-17 as follows:
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| 6 | | (725 ILCS 5/107-17 new) |
| 7 | | Sec. 107-17. Profiling prohibited. |
| 8 | | (a) Definition. For the purposes of this Section, |
| 9 | | "commercial motor vehicle" means any commercial motor vehicle |
| 10 | | as defined in the Illinois Vehicle Code. |
| 11 | | (b) Offense. No vehicle may be stopped, delayed, or |
| 12 | | detained based on the race, ethnicity, or sex of the operator |
| 13 | | or occupants; nor shall any vehicle be stopped, delayed, or |
| 14 | | detained by virtue of the type or style of the vehicle. A peace |
| 15 | | officer may not stop, delay, or detain a vehicle unless the |
| 16 | | stop, delay, or detention of the vehicle is predicated upon |
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| 1 | | reasonable suspicion, probable cause, or any other articulable |
| 2 | | circumstances that indicate a violation of the law has been or |
| 3 | | is being committed. |
| 4 | | (c) Exceptions. Nothing in this Section shall prohibit the |
| 5 | | enforcement of State or federal commercial vehicle provisions |
| 6 | | by virtue of static or portable scales; nor shall this Section |
| 7 | | prohibit any other process or enforcement detail designed to |
| 8 | | inspect commercial motor vehicles or the qualifications and |
| 9 | | eligibility of any commercial motor vehicle operator for the |
| 10 | | purpose of ensuring compliance with Federal Motor Carrier |
| 11 | | Safety Regulations; ensuring compliance with any State law |
| 12 | | governing the operation of a commercial motor vehicle; or |
| 13 | | ensuring compliance with any State or federal regulation |
| 14 | | pertaining to the transportation of hazardous materials. |
| 15 | | (d) Permitted stops. Nothing in this Section shall prohibit |
| 16 | | a peace officer from stopping a vehicle: |
| 17 | | (1) for the purpose of conducting an investigation; |
| 18 | | (2) in response to a call or a dispatch indicating that |
| 19 | | a vehicle or its occupants have or may be involved in |
| 20 | | committing or attempting to commit an offense; or |
| 21 | | (3) in circumstances where police have been requested |
| 22 | | to deliver an emergency notification to a party traveling |
| 23 | | on the highways of this State.".
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