SB3775 EnrolledLRB103 39351 MXP 69514 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 5. The Illinois Vehicle Code is amended by
5changing Sections 7-201, 7-201.1, 11-212, 11-404, 11-407, and
611-414 as follows:
 
7    (625 ILCS 5/7-201)  (from Ch. 95 1/2, par. 7-201)
8    Sec. 7-201. Application of Article II. The Administrator
9as soon as practicable after the receipt of the report,
10required to be filed under Section 11-407 Sections 11-406 and
1111-410, of a motor vehicle crash occurring within this State
12and that has resulted in bodily injury or death of any person
13or that damage to the property of any one person in excess of
14$1,500 (or $500 if any of the vehicles involved in the crash is
15subject to Section 7-601 but is not covered by a liability
16insurance policy in accordance with Section 7-601) was
17sustained, shall determine:
18        1. Whether Section 7-202 of this Code requires the
19    deposit of security by or on behalf of any person who was
20    the operator or owner of any motor vehicle in any manner
21    involved in the crash; and
22        2. What amount of security shall be sufficient to
23    satisfy any potential judgment or judgments for money

 

 

SB3775 Enrolled- 2 -LRB103 39351 MXP 69514 b

1    damages resulting from the crash as may be recovered
2    against the operator or owner, which amount shall in no
3    event be less than $1,500 (or $500 if any of the vehicles
4    involved in the crash is subject to Section 7-601 but is
5    not covered by a liability insurance policy in accordance
6    with Section 7-601).
7(Source: P.A. 102-982, eff. 7-1-23.)
 
8    (625 ILCS 5/7-201.1)  (from Ch. 95 1/2, par. 7-201.1)
9    Sec. 7-201.1. If the Administrator has not received a
10report required to be filed under Section 11-407 Sections
1111-406 and 11-410, or if the information contained in a report
12is insufficient, the Administrator shall send to the person
13required to file the report a written request for the missing
14report or the missing information. The Administrator shall
15send such request no later than 45 days after the crash or 7
16days after receiving information that such crash has occurred,
17whichever is later.
18    If the request is sent to a driver involved in a crash, the
19request or an attachment thereto shall contain in bold print a
20warning that failure to comply with the request within 15 days
21may result in the suspension of the driver's license.
22(Source: P.A. 102-982, eff. 7-1-23.)
 
23    (625 ILCS 5/11-212)
24    Sec. 11-212. Traffic and pedestrian stop statistical

 

 

SB3775 Enrolled- 3 -LRB103 39351 MXP 69514 b

1study.
2    (a) Whenever a State or local law enforcement officer
3issues a uniform traffic citation or warning citation for an
4alleged violation of the Illinois Vehicle Code, he or she
5shall record at least the following:
6        (1) the name, address, gender, and the officer's
7    subjective determination of the race of the person
8    stopped; the person's race shall be selected from the
9    following list: American Indian or Alaska Native, Asian,
10    Black or African American, Hispanic or Latino, Native
11    Hawaiian or Other Pacific Islander, or White;
12        (2) the alleged traffic violation that led to the stop
13    of the motorist;
14        (3) the make and year of the vehicle stopped;
15        (4) the date and time of the stop, beginning when the
16    vehicle was stopped and ending when the driver is free to
17    leave or taken into physical custody;
18        (5) the location of the traffic stop;
19        (5.5) whether or not a consent search contemporaneous
20    to the stop was requested of the vehicle, driver,
21    passenger, or passengers; and, if so, whether consent was
22    given or denied;
23        (6) whether or not a search contemporaneous to the
24    stop was conducted of the vehicle, driver, passenger, or
25    passengers; and, if so, whether it was with consent or by
26    other means;

 

 

SB3775 Enrolled- 4 -LRB103 39351 MXP 69514 b

1        (6.2) whether or not a police dog performed a sniff of
2    the vehicle; and, if so, whether or not the dog alerted to
3    the presence of contraband; and, if so, whether or not an
4    officer searched the vehicle; and, if so, whether or not
5    contraband was discovered; and, if so, the type and amount
6    of contraband;
7        (6.5) whether or not contraband was found during a
8    search; and, if so, the type and amount of contraband
9    seized; and
10        (7) the name and badge number of the issuing officer.
11    (b) Whenever a State or local law enforcement officer
12stops a motorist for an alleged violation of the Illinois
13Vehicle Code and does not issue a uniform traffic citation or
14warning citation for an alleged violation of the Illinois
15Vehicle Code, he or she shall complete a uniform stop card,
16which includes field contact cards, or any other existing form
17currently used by law enforcement containing information
18required pursuant to this Act, that records at least the
19following:
20        (1) the name, address, gender, and the officer's
21    subjective determination of the race of the person
22    stopped; the person's race shall be selected from the
23    following list: American Indian or Alaska Native, Asian,
24    Black or African American, Hispanic or Latino, Native
25    Hawaiian or Other Pacific Islander, or White;
26        (2) the reason that led to the stop of the motorist;

 

 

SB3775 Enrolled- 5 -LRB103 39351 MXP 69514 b

1        (3) the make and year of the vehicle stopped;
2        (4) the date and time of the stop, beginning when the
3    vehicle was stopped and ending when the driver is free to
4    leave or taken into physical custody;
5        (5) the location of the traffic stop;
6        (5.5) whether or not a consent search contemporaneous
7    to the stop was requested of the vehicle, driver,
8    passenger, or passengers; and, if so, whether consent was
9    given or denied;
10        (6) whether or not a search contemporaneous to the
11    stop was conducted of the vehicle, driver, passenger, or
12    passengers; and, if so, whether it was with consent or by
13    other means;
14        (6.2) whether or not a police dog performed a sniff of
15    the vehicle; and, if so, whether or not the dog alerted to
16    the presence of contraband; and, if so, whether or not an
17    officer searched the vehicle; and, if so, whether or not
18    contraband was discovered; and, if so, the type and amount
19    of contraband;
20        (6.5) whether or not contraband was found during a
21    search; and, if so, the type and amount of contraband
22    seized; and
23        (7) the name and badge number of the issuing officer.
24    (b-5) For purposes of this subsection (b-5), "detention"
25means all frisks, searches, summons, and arrests. Whenever a
26law enforcement officer subjects a pedestrian to detention in

 

 

SB3775 Enrolled- 6 -LRB103 39351 MXP 69514 b

1a public place, he or she shall complete a uniform pedestrian
2stop card, which includes any existing form currently used by
3law enforcement containing all the information required under
4this Section, that records at least the following:
5        (1) the gender, and the officer's subjective
6    determination of the race of the person stopped; the
7    person's race shall be selected from the following list:
8    American Indian or Alaska Native, Asian, Black or African
9    American, Hispanic or Latino, Native Hawaiian or Other
10    Pacific Islander, or White;
11        (2) all the alleged reasons that led to the stop of the
12    person;
13        (3) the date and time of the stop;
14        (4) the location of the stop;
15        (5) whether or not a protective pat down or frisk was
16    conducted of the person; and, if so, all the alleged
17    reasons that led to the protective pat down or frisk, and
18    whether it was with consent or by other means;
19        (6) whether or not contraband was found during the
20    protective pat down or frisk; and, if so, the type and
21    amount of contraband seized;
22        (7) whether or not a search beyond a protective pat
23    down or frisk was conducted of the person or his or her
24    effects; and, if so, all the alleged reasons that led to
25    the search, and whether it was with consent or by other
26    means;

 

 

SB3775 Enrolled- 7 -LRB103 39351 MXP 69514 b

1        (8) whether or not contraband was found during the
2    search beyond a protective pat down or frisk; and, if so,
3    the type and amount of contraband seized;
4        (9) the disposition of the stop, such as a warning, a
5    ticket, a summons, or an arrest;
6        (10) if a summons or ticket was issued, or an arrest
7    made, a record of the violations, offenses, or crimes
8    alleged or charged; and
9        (11) the name and badge number of the officer who
10    conducted the detention.
11    This subsection (b-5) does not apply to searches or
12inspections for compliance authorized under the Fish and
13Aquatic Life Code, the Wildlife Code, the Herptiles-Herps Act,
14or searches or inspections during routine security screenings
15at facilities or events.
16    (c) The Illinois Department of Transportation shall
17provide a standardized law enforcement data compilation form
18on its website.
19    (d) Every law enforcement agency shall, by February March
201 with regard to data collected during July through December
21of the previous calendar year and by August 1 with regard to
22data collected during January through June of the current
23calendar year, compile the data described in subsections (a),
24(b), and (b-5) on the standardized law enforcement data
25compilation form provided by the Illinois Department of
26Transportation and transmit the data to the Department.

 

 

SB3775 Enrolled- 8 -LRB103 39351 MXP 69514 b

1    (e) The Illinois Department of Transportation shall
2analyze the data provided by law enforcement agencies required
3by this Section and submit a report of the previous year's
4findings to the Governor, the General Assembly, the Racial
5Profiling Prevention and Data Oversight Board, and each law
6enforcement agency no later than July 1 of each year. The
7Illinois Department of Transportation may contract with an
8outside entity for the analysis of the data provided. In
9analyzing the data collected under this Section, the analyzing
10entity shall scrutinize the data for evidence of statistically
11significant aberrations. The following list, which is
12illustrative, and not exclusive, contains examples of areas in
13which statistically significant aberrations may be found:
14        (1) The percentage of minority drivers, passengers, or
15    pedestrians being stopped in a given area is substantially
16    higher than the proportion of the overall population in or
17    traveling through the area that the minority constitutes.
18        (2) A substantial number of false stops including
19    stops not resulting in the issuance of a traffic ticket or
20    the making of an arrest.
21        (3) A disparity between the proportion of citations
22    issued to minorities and proportion of minorities in the
23    population.
24        (4) A disparity among the officers of the same law
25    enforcement agency with regard to the number of minority
26    drivers, passengers, or pedestrians being stopped in a

 

 

SB3775 Enrolled- 9 -LRB103 39351 MXP 69514 b

1    given area.
2        (5) A disparity between the frequency of searches
3    performed on minority drivers or pedestrians and the
4    frequency of searches performed on non-minority drivers or
5    pedestrians.
6    (f) Any law enforcement officer identification information
7and driver or pedestrian identification information that is
8compiled by any law enforcement agency or the Illinois
9Department of Transportation pursuant to this Act for the
10purposes of fulfilling the requirements of this Section shall
11be confidential and exempt from public inspection and copying,
12as provided under Section 7 of the Freedom of Information Act,
13and the information shall not be transmitted to anyone except
14as needed to comply with this Section. This Section shall not
15exempt those materials that, prior to the effective date of
16this amendatory Act of the 93rd General Assembly, were
17available under the Freedom of Information Act. This
18subsection (f) shall not preclude law enforcement agencies
19from reviewing data to perform internal reviews.
20    (g) Funding to implement this Section shall come from
21federal highway safety funds available to Illinois, as
22directed by the Governor.
23    (h) The Illinois Criminal Justice Information Authority,
24in consultation with law enforcement agencies, officials, and
25organizations, including Illinois chiefs of police, the
26Illinois State Police, the Illinois Sheriffs Association, and

 

 

SB3775 Enrolled- 10 -LRB103 39351 MXP 69514 b

1the Chicago Police Department, and community groups and other
2experts, shall undertake a study to determine the best use of
3technology to collect, compile, and analyze the traffic stop
4statistical study data required by this Section. The
5Department shall report its findings and recommendations to
6the Governor and the General Assembly by March 1, 2022.
7    (h-1) The Traffic and Pedestrian Stop Data Use and
8Collection Task Force is hereby created.
9        (1) The Task Force shall undertake a study to
10    determine the best use of technology to collect, compile,
11    and analyze the traffic stop statistical study data
12    required by this Section.
13        (2) The Task Force shall be an independent Task Force
14    under the Illinois Criminal Justice Information Authority
15    for administrative purposes, and shall consist of the
16    following members:
17            (A) 2 academics or researchers who have studied
18        issues related to traffic or pedestrian stop data
19        collection and have education or expertise in
20        statistics;
21            (B) one professor from an Illinois university who
22        specializes in policing and racial equity;
23            (C) one representative from the Illinois State
24        Police;
25            (D) one representative from the Chicago Police
26        Department;

 

 

SB3775 Enrolled- 11 -LRB103 39351 MXP 69514 b

1            (E) one representative from the Illinois Chiefs of
2        Police;
3            (F) one representative from the Illinois Sheriffs
4        Association;
5            (G) one representative from the Chicago Fraternal
6        Order of Police;
7            (H) one representative from the Illinois Fraternal
8        Order of Police;
9            (I) the Executive Director of the American Civil
10        Liberties Union of Illinois, or his or her designee;
11        and
12            (J) 5 representatives from different community
13        organizations who specialize in civil or human rights,
14        policing, or criminal justice reform work, and that
15        represent a range of minority interests or different
16        parts of the State.
17        (3) The Illinois Criminal Justice Information
18    Authority may consult, contract, work in conjunction with,
19    and obtain any information from any individual, agency,
20    association, or research institution deemed appropriate by
21    the Authority.
22        (4) The Task Force shall report its findings and
23    recommendations to the Governor and the General Assembly
24    by March 1, 2022 and every 3 years after.
25    (h-5) For purposes of this Section:
26        (1) "American Indian or Alaska Native" means a person

 

 

SB3775 Enrolled- 12 -LRB103 39351 MXP 69514 b

1    having origins in any of the original peoples of North and
2    South America, including Central America, and who
3    maintains tribal affiliation or community attachment.
4        (2) "Asian" means a person having origins in any of
5    the original peoples of the Far East, Southeast Asia, or
6    the Indian subcontinent, including, but not limited to,
7    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
8    the Philippine Islands, Thailand, and Vietnam.
9        (2.5) "Badge" means an officer's department issued
10    identification number associated with his or her position
11    as a police officer with that department.
12        (3) "Black or African American" means a person having
13    origins in any of the black racial groups of Africa.
14        (4) "Hispanic or Latino" means a person of Cuban,
15    Mexican, Puerto Rican, South or Central American, or other
16    Spanish culture or origin, regardless of race.
17        (5) "Native Hawaiian or Other Pacific Islander" means
18    a person having origins in any of the original peoples of
19    Hawaii, Guam, Samoa, or other Pacific Islands.
20        (6) "White" means a person having origins in any of
21    the original peoples of Europe, the Middle East, or North
22    Africa.
23    (i) (Blank).
24(Source: P.A. 101-24, eff. 6-21-19; 102-465, eff. 1-1-22;
25102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
 

 

 

SB3775 Enrolled- 13 -LRB103 39351 MXP 69514 b

1    (625 ILCS 5/11-404)  (from Ch. 95 1/2, par. 11-404)
2    Sec. 11-404. Duty upon damaging unattended vehicle or
3other property.
4    (a) The driver of any vehicle which collides with or is
5involved in a motor vehicle crash with any vehicle which is
6unattended, or other property, resulting in any damage to such
7other vehicle or property shall immediately stop and shall
8then and there either locate and notify the operator or owner
9of such vehicle or other property of the driver's name,
10address, registration number and owner of the vehicle the
11driver was operating or shall attach securely in a conspicuous
12place on or in the vehicle or other property struck a written
13notice giving the driver's name, address, registration number
14and owner of the vehicle the driver was driving and shall
15without unnecessary delay notify the nearest office of a duly
16authorized police authority and shall make a written report of
17such crash when and as required in Section 11-407 11-406.
18Every such stop shall be made without obstructing traffic more
19than is necessary. If a damaged vehicle is obstructing traffic
20lanes, the driver of the vehicle must make every reasonable
21effort to move the vehicle or have it moved so as not to block
22the traffic lanes.
23    (b) Any person failing to comply with this Section shall
24be guilty of a Class A misdemeanor.
25    (c) If any peace officer or highway authority official
26finds (i) a vehicle standing upon a highway or toll highway in

 

 

SB3775 Enrolled- 14 -LRB103 39351 MXP 69514 b

1violation of a prohibition, limitation, or restriction on
2stopping, standing, or parking imposed under this Code or (ii)
3a disabled vehicle that obstructs the roadway of a highway or
4toll highway, the peace officer or highway authority official
5is authorized to move the vehicle or to require the operator of
6the vehicle to move the vehicle to the shoulder of the road, to
7a position where parking is permitted, or to public parking or
8storage premises. The removal may be performed by, or under
9the direction of, the peace officer or highway authority
10official or may be contracted for by local authorities. After
11the vehicle has been removed, the peace officer or highway
12authority official shall follow appropriate procedures, as
13provided in Section 4-203 of this Code.
14    (d) A towing service, its officers, and its employees are
15not liable for loss of or damages to any real or personal
16property that occurs as the result of the removal or towing of
17any vehicle under subsection (c), as provided in subsection
18(b) of Section 4-213.
19(Source: P.A. 102-982, eff. 7-1-23.)
 
20    (625 ILCS 5/11-407)  (from Ch. 95 1/2, par. 11-407)
21    Sec. 11-407. Immediate notice of crash.
22    (a) The driver of a vehicle that which is in any manner
23involved in a crash in this State that requires notice to be
24given to the local police department, the county sheriff, or
25the Illinois State Police under this Section described in

 

 

SB3775 Enrolled- 15 -LRB103 39351 MXP 69514 b

1Section 11-406 of this Chapter shall, if no police officer is
2present, give notice of the crash by the fastest available
3means of communication to the local police department if such
4crash occurs within a municipality or otherwise to the nearest
5office of the county sheriff or nearest headquarters of the
6Illinois State Police. Notice is required to be given under
7this subsection (a) if the crash: (1) results in injury to or
8death of any person; (2) results in damage to the property of
9any person, including the driver, in excess of $1,500 (or $500
10if any of the vehicles involved in the accident is subject to
11Section 7-601 but is not covered by a liability insurance
12policy) in accordance with Section 7-601; (3) if a school bus
13is involved in the crash and the crash is caused by a
14collision, a sudden stop, or otherwise, and the crash results
15in any property damage, personal injury, or death; or (4) if
16the crash occurs within 50 feet of a school bus and results in
17personal injury to or death of any person who is awaiting or
18preparing to board the school bus or immediately after the
19person exits the school bus.
20    (b) Whenever the driver of a vehicle is physically
21incapable of giving immediate notice of a crash as required in
22Subsection (a) and there was another occupant in the vehicle
23at the time of the crash capable of doing so, that occupant
24must give notice as required in Subsection (a).
25(Source: P.A. 102-982, eff. 7-1-23.)
 

 

 

SB3775 Enrolled- 16 -LRB103 39351 MXP 69514 b

1    (625 ILCS 5/11-414)  (from Ch. 95 1/2, par. 11-414)
2    Sec. 11-414. Department to tabulate and analyze motor
3vehicle crash reports. The Department shall tabulate and may
4analyze all written motor vehicle crash reports received in
5compliance with this Code and shall publish annually or at
6more frequent intervals motor vehicle crash data. The
7Department:
8        1. (blank);
9        2. shall, upon written request, make available to the
10    public motor vehicle crash data that shall be distributed
11    under Sections 11-412 and 11-417 of this Code;
12        3. may conduct special investigations of motor vehicle
13    crashes and may solicit supplementary reports from
14    drivers, owners, police departments, sheriffs, coroners,
15    or any other individual. Failure of any individual to
16    submit a supplementary report subjects such individual to
17    the same penalties for failure to report as designated
18    under Section 11-407 11-406.
19(Source: P.A. 102-982, eff. 7-1-23.)
 
20    Section 10. The DUI Prevention and Education Commission
21Act is amended by changing Sections 15 and 20 as follows:
 
22    (625 ILCS 70/15)
23    Sec. 15. Powers. The Commission may create rules and
24guidelines for distributing funds and shall:

 

 

SB3775 Enrolled- 17 -LRB103 39351 MXP 69514 b

1    (1) determine the best course of action for distributing
2    funds on a regular basis, either a competitive grant
3    program or direct expenditures from the DUI Prevention and
4    Education Fund;
5    (2) at the end of fiscal years when funds are expended,
6    provide a report to the General Assembly of how funds were
7    expended, including, but not limited to, a list of
8    grantees if applicable and program metrics; and
9    (3) provide approval to the Department of Transportation
10    for use of funds.
11        (1) create rules and guidelines to consider in
12    accepting, reviewing, and determining grant applications;
13        (2) as necessary, meet to determine recipients of
14    grants from the DUI Prevention and Education Fund; and
15        (3) provide a list of eligible grant recipients to the
16    Department of Transportation.
17(Source: P.A. 101-196, eff. 1-1-20.)
 
18    (625 ILCS 70/20)
19    Sec. 20. DUI Prevention and Education Fund; transfer of
20funds.
21    (a) The DUI Prevention and Education Fund is created as a
22special fund in the State treasury. Subject to appropriation,
23all moneys in the DUI Prevention and Education Fund shall be
24distributed by the Department of Transportation with approval
25guidance from the DUI Prevention and Education Commission as

 

 

SB3775 Enrolled- 18 -LRB103 39351 MXP 69514 b

1grants for crash victim programs and materials, impaired
2driving prevention programs, law enforcement support, and
3other DUI-related programs.
4    (b) As soon as practical after the effective date of this
5Act, the State Comptroller shall direct and the State
6Treasurer shall transfer any remaining balance in excess of
7$30,000 from the Roadside Memorial Fund to the DUI Prevention
8and Education Fund. Starting in 2021 and continuing every year
9after, the cash balance in the Roadside Memorial Fund on June
1030 shall be transferred to the DUI Prevention and Education
11Fund as soon as practical.
12(Source: P.A. 101-196, eff. 1-1-20; 102-60, eff. 7-9-21.)