Full Text of HB0335 95th General Assembly
HB0335 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0335
Introduced 1/22/2007, by Rep. Paul D. Froehlich SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Vehicle Code. Provides that the confidentiality requirements regarding the identification of law enforcement officers involved in a traffic stop statistical study shall not preclude law enforcement agencies from reviewing the data gathered in the study to perform internal reviews. Effective immediately.
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A BILL FOR
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HB0335 |
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LRB095 06529 DRH 26631 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Section 11-212 as follows:
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| (625 ILCS 5/11-212)
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| (Section scheduled to be repealed on July 1, 2010)
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| Sec. 11-212. Traffic stop statistical study.
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| (a) Whenever a State or local law enforcement officer | 10 |
| issues a
uniform traffic citation or warning citation for an | 11 |
| alleged
violation of the Illinois Vehicle Code, he or she shall
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| record at least the following:
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| (1) the name, address, gender, and
the officer's | 14 |
| subjective determination of the race of
the person
stopped; | 15 |
| the person's race shall be selected from the following | 16 |
| list:
Caucasian, African-American, Hispanic, Native
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| American/Alaska Native,
or Asian/Pacific Islander;
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| (2) the alleged traffic violation that led to the
stop | 19 |
| of the motorist;
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| (3) the make and year of the vehicle
stopped;
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| (4) the date and time of the stop, beginning when the | 22 |
| vehicle was stopped and ending when the driver is free to | 23 |
| leave or taken into physical custody;
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| (5) the location of the traffic stop; | 2 |
| (5.5) whether or not a consent search contemporaneous | 3 |
| to the stop was requested of the vehicle, driver, | 4 |
| passenger, or passengers; and, if so, whether consent was | 5 |
| given or denied;
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| (6) whether or not a search contemporaneous to the stop | 7 |
| was conducted of
the
vehicle, driver, passenger, or | 8 |
| passengers; and, if so, whether it was with
consent or by | 9 |
| other means; | 10 |
| (6.5) whether or not contraband was found during a | 11 |
| search; and, if so, the type and amount of contraband | 12 |
| seized; and
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| (7) the name and badge number of the issuing officer.
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| (b) Whenever a State or local law enforcement officer stops | 15 |
| a
motorist for an alleged violation of the Illinois Vehicle | 16 |
| Code
and does not issue a uniform traffic citation or
warning | 17 |
| citation for an alleged violation of the Illinois
Vehicle Code, | 18 |
| he or she shall complete a uniform stop card, which includes
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| field
contact cards, or any other existing form currently used | 20 |
| by law enforcement
containing
information required pursuant to | 21 |
| this Act,
that records
at least the following:
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| (1) the name, address, gender,
and
the officer's | 23 |
| subjective determination of the race of the person
stopped; | 24 |
| the person's race shall be selected from the following | 25 |
| list:
Caucasian, African-American, Hispanic, Native
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| American/Alaska
Native, or Asian/Pacific Islander;
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| (2) the reason that led to the stop of the
motorist;
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| (3) the make and year of the vehicle
stopped;
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| (4) the date and time of the stop, beginning when the | 4 |
| vehicle was stopped and ending when the driver is free to | 5 |
| leave or taken into physical custody;
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| (5) the location of the traffic stop; | 7 |
| (5.5) whether or not a consent search contemporaneous | 8 |
| to the stop was requested of the vehicle, driver, | 9 |
| passenger, or passengers; and, if so, whether consent was | 10 |
| given or denied;
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| (6) whether or not a search contemporaneous to the stop | 12 |
| was conducted of
the
vehicle, driver, passenger, or | 13 |
| passengers; and, if so, whether it was with
consent or by | 14 |
| other means; | 15 |
| (6.5) whether or not contraband was found during a | 16 |
| search; and, if so, the type and amount of contraband | 17 |
| seized; and
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| (7) the name and badge number of the issuing
officer.
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| (c) The Illinois Department of Transportation shall | 20 |
| provide a
standardized law
enforcement data compilation form on | 21 |
| its website.
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| (d) Every law enforcement agency shall, by March 1 with | 23 |
| regard to data collected during July through December of the | 24 |
| previous calendar year and by August 1 with regard to data | 25 |
| collected during January through June of the current calendar | 26 |
| year, compile the data described in subsections (a) and (b) on
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| the
standardized law enforcement data compilation form | 2 |
| provided by the Illinois
Department
of Transportation and | 3 |
| transmit the data to the Department.
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| (e) The Illinois Department of Transportation shall | 5 |
| analyze the data
provided
by law
enforcement agencies required | 6 |
| by this Section and submit a report of the
previous year's
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| findings to the
Governor, the General Assembly, the Racial | 8 |
| Profiling Prevention and Data Oversight Board, and each law | 9 |
| enforcement agency no later than
July 1
of each year. The | 10 |
| Illinois Department of
Transportation may contract with
an | 11 |
| outside entity for the analysis of the data provided. In | 12 |
| analyzing the data
collected
under this Section, the analyzing | 13 |
| entity shall scrutinize the data for evidence
of statistically
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| significant aberrations. The following list, which
is | 15 |
| illustrative, and not exclusive, contains examples of areas in | 16 |
| which
statistically
significant aberrations may be found:
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| (1) The percentage of minority drivers or passengers | 18 |
| being stopped in a
given
area
is substantially higher than | 19 |
| the proportion of the overall population in or
traveling
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| through the area that the minority constitutes.
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| (2) A substantial number of false stops including stops | 22 |
| not resulting in
the
issuance of a traffic ticket or the | 23 |
| making of an arrest.
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| (3) A disparity between the proportion of citations | 25 |
| issued to minorities
and
proportion of minorities in the | 26 |
| population.
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| (4) A disparity among the officers of the same law | 2 |
| enforcement agency with
regard to the number of minority | 3 |
| drivers or passengers being stopped in a given
area.
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| (5) A disparity between the frequency of searches | 5 |
| performed on minority
drivers
and the frequency of searches | 6 |
| performed on non-minority drivers.
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| (f) Any law enforcement officer identification information | 8 |
| or driver
identification information
that is
compiled by any | 9 |
| law enforcement agency or the Illinois Department of
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| Transportation
pursuant to this Act for
the purposes of | 11 |
| fulfilling the requirements of this Section shall be
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| confidential and exempt
from
public inspection and copying, as | 13 |
| provided under Section 7 of the Freedom of
Information
Act,
and | 14 |
| the information shall not be transmitted to anyone except as | 15 |
| needed to
comply with
this Section. This Section shall not | 16 |
| exempt those materials that, prior to the
effective date of | 17 |
| this
amendatory Act of the 93rd General Assembly, were | 18 |
| available under the Freedom
of
Information Act. This subsection | 19 |
| (f) shall not preclude law enforcement agencies from reviewing | 20 |
| data to perform internal reviews.
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| (g) Funding to implement this Section shall come from | 22 |
| federal highway
safety
funds available to Illinois, as directed | 23 |
| by the Governor.
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| (h) The Illinois Department of Transportation, in | 25 |
| consultation with
law enforcement agencies, officials, and | 26 |
| organizations, including Illinois
chiefs of police,
the |
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| Department of State Police, the Illinois Sheriffs Association, | 2 |
| and the
Chicago Police
Department, and community groups and | 3 |
| other experts, shall undertake a study to
determine the best | 4 |
| use of technology to collect, compile, and analyze the
traffic | 5 |
| stop
statistical study data required by this Section. The | 6 |
| Department shall report
its findings
and recommendations to the | 7 |
| Governor and the General Assembly by March 1,
2004. | 8 |
| (i) This Section is repealed on July 1, 2010.
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| (Source: P.A. 93-209, eff. 7-18-03; 94-997, eff. 1-1-07.)
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| Section 99. Effective date. This Act takes effect upon | 11 |
| becoming law.
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