Sen. James T. Meeks

Filed: 3/25/2009

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 933

2     AMENDMENT NO. ______. Amend Senate Bill 933 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Racial Profiling Prevention and Data
5 Oversight Act is amended by changing Sections 15 and 40 as
6 follows:
 
7     (20 ILCS 2715/15)
8     Sec. 15. Oversight Board.
9     (a) There is created within the Department a Racial
10 Profiling Prevention and Data Oversight Board, consisting of 15
11 members, which shall independently exercise its powers,
12 duties, and responsibilities. The Board shall have the
13 authority to allow additional participation from various
14 groups that the Board deems necessary for additional input.
15     (b) The membership of the Oversight Board shall consist of:
16         (1) 4 legislators appointed by the General Assembly

 

 

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1     leadership equally apportioned between the 2 houses and
2     political parties, with appointees of the majority party in
3     the Senate and the majority party in the House of
4     Representatives to serve as co-chairs on the Board;
5         (2) the Attorney General or his or her designee;
6         (3) the Secretary of the Illinois Department of
7     Transportation or his or her designee;
8         (4) the Director of the Illinois State Police or his or
9     her designee;
10         (5) 3 members of county or city law enforcement
11     agencies, representing jurisdictions of varied size and
12     geography, with 2 members being appointed by the co-chairs
13     and one member being appointed by the Governor;
14         (6) 4 members of community organizations representing
15     minority interests, with 2 members being appointed by the
16     co-chairs and 2 members being appointed by the Governor;
17     and
18         (7) one member of the Illinois academic community with
19     specific expertise in both statistical analysis and law
20     enforcement, appointed by the Governor.
21     (c) All members shall serve 2 years and until their
22 successors are appointed. Members may be reappointed for an
23 unlimited number of terms. The Oversight Board shall meet at
24 least quarterly.
25 (Source: P.A. 94-997, eff. 1-1-08.)
 

 

 

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1     (20 ILCS 2715/40)
2     Sec. 40. Powers and Duties of the Oversight Board. The
3 Oversight Board shall have the following powers, duties, and
4 responsibilities:
5     (a) To operate purely as an advisory body. Any changes to
6 rules and policy promoted by the Oversight Board are only
7 recommendations, which may be reported to the Governor, the
8 Secretary of State, and the General Assembly or to appropriate
9 law enforcement agencies.
10     (b) To coordinate the development, adoption, and
11 implementation of plans and strategies to eliminate racial
12 profiling in Illinois and to coordinate the development,
13 adoption, and implementation of plans and strategies to create
14 public awareness programs in minority communities, designed to
15 educate individuals regarding racial profiling and their civil
16 rights.
17     (c) To promulgate model policies for police agencies that
18 are designed to protect individuals' civil rights related to
19 police traffic enforcement and to recommend to law enforcement
20 agencies model rules as may be necessary to effectuate training
21 regarding data collection and mechanisms to engage those
22 agencies who willfully fail to comply with the requirements of
23 the Traffic Stop Statistical Study Act.
24     (d) To study and to issue reports and recommendations to
25 the Governor, the Secretary of State, and the General Assembly
26 regarding the following subjects by the following dates:

 

 

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1         (1) no later than September 1, 2009 July 1, 2008,
2     regarding strategies to improve the benchmark data
3     available to identify the race, ethnicity, and
4     geographical residence of the Illinois driving population,
5     beginning on August 1, 2008, with the collection of race
6     and ethnicity data on new and renewal applicants for
7     driver's licenses. This data shall be available for
8     statistical benchmark comparison purposes only;
9         (2) no later than September 1, 2009 January 1, 2009,
10     regarding data collection requirements with respect to
11     additional race and ethnicity categories to be added to the
12     traffic stop statistical study in order to improve data
13     collection among unreported and under-reported minority
14     populations. The Board shall study, and recommend if
15     required, at a minimum, data collection strategies,
16     categories, and benchmarks for persons of Middle-Eastern
17     origin. The Board shall also study stops lasting over 30
18     minutes and define categorical reasons for the extended
19     stops;
20         (3) no later than September 1, 2009 July 1, 2009,
21     regarding technological solutions to aid in the
22     identification, elimination, and prevention of racial
23     profiling and to recommend funding sources for statewide
24     implementation of the technological solutions;
25         (4) no later than September 1, 2009 January 1, 2010,
26     regarding whether Illinois should continue the mandatory

 

 

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1     data collection required under this Act, as well as the
2     best practices of data collection as related to the
3     identification, elimination, and prevention of bias-based
4     policing; and
5         (5) on or before April 1 of each year, regarding the
6     Oversight Board's activities during the previous fiscal
7     year.
8 (Source: P.A. 94-997, eff. 1-1-08.)
 
9     (20 ILCS 2715/20 rep.)
10     Section 90. The Racial Profiling Prevention and Data
11 Oversight Act is amended by repealing Section 20.
 
12     Section 99. Effective date. This Act takes effect upon
13 becoming law.".