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Full Text of SB3415  100th General Assembly

SB3415 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3415

 

Introduced 2/16/2018, by Sen. Kwame Raoul

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-212

    Amends the Illinois Vehicle Code. Deletes language providing that the Section concerning the traffic and pedestrian stop statistical study is repealed on July 1, 2019. Provides that the Department of Transportation shall report specified findings and recommendations to the Governor and the General Assembly on March 1, 2022 (rather than March 1, 2004).


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A BILL FOR

 

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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 changing
5Section 11-212 as follows:
 
6    (625 ILCS 5/11-212)
7    (Section scheduled to be repealed on July 1, 2019)
8    Sec. 11-212. Traffic and pedestrian stop statistical
9study.
10    (a) Whenever a State or local law enforcement officer
11issues a uniform traffic citation or warning citation for an
12alleged violation of the Illinois Vehicle Code, he or she shall
13record at least the following:
14        (1) the name, address, gender, and the officer's
15    subjective determination of the race of the person stopped;
16    the person's race shall be selected from the following
17    list: American Indian or Alaska Native, Asian, Black or
18    African American, Hispanic or Latino, Native Hawaiian or
19    Other Pacific Islander, or White;
20        (2) the alleged traffic violation that led to the stop
21    of the motorist;
22        (3) the make and year of the vehicle stopped;
23        (4) the date and time of the stop, beginning when the

 

 

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1    vehicle was stopped and ending when the driver is free to
2    leave or taken into physical custody;
3        (5) the location of the traffic stop;
4        (5.5) whether or not a consent search contemporaneous
5    to the stop was requested of the vehicle, driver,
6    passenger, or passengers; and, if so, whether consent was
7    given or denied;
8        (6) whether or not a search contemporaneous to the stop
9    was conducted of the vehicle, driver, passenger, or
10    passengers; and, if so, whether it was with consent or by
11    other means;
12        (6.2) whether or not a police dog performed a sniff of
13    the vehicle; and, if so, whether or not the dog alerted to
14    the presence of contraband; and, if so, whether or not an
15    officer searched the vehicle; and, if so, whether or not
16    contraband was discovered; and, if so, the type and amount
17    of contraband;
18        (6.5) whether or not contraband was found during a
19    search; and, if so, the type and amount of contraband
20    seized; and
21        (7) the name and badge number of the issuing officer.
22    (b) Whenever a State or local law enforcement officer stops
23a motorist for an alleged violation of the Illinois Vehicle
24Code and does not issue a uniform traffic citation or warning
25citation for an alleged violation of the Illinois Vehicle Code,
26he or she shall complete a uniform stop card, which includes

 

 

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1field contact cards, or any other existing form currently used
2by law enforcement containing information required pursuant to
3this Act, that records at least the following:
4        (1) the name, address, gender, and the officer's
5    subjective determination of the race of the person stopped;
6    the person's race shall be selected from the following
7    list: American Indian or Alaska Native, Asian, Black or
8    African American, Hispanic or Latino, Native Hawaiian or
9    Other Pacific Islander, or White;
10        (2) the reason that led to the stop of the motorist;
11        (3) the make and year of the vehicle stopped;
12        (4) the date and time of the stop, beginning when the
13    vehicle was stopped and ending when the driver is free to
14    leave or taken into physical custody;
15        (5) the location of the traffic stop;
16        (5.5) whether or not a consent search contemporaneous
17    to the stop was requested of the vehicle, driver,
18    passenger, or passengers; and, if so, whether consent was
19    given or denied;
20        (6) whether or not a search contemporaneous to the stop
21    was conducted of the vehicle, driver, passenger, or
22    passengers; and, if so, whether it was with consent or by
23    other means;
24        (6.2) whether or not a police dog performed a sniff of
25    the vehicle; and, if so, whether or not the dog alerted to
26    the presence of contraband; and, if so, whether or not an

 

 

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1    officer searched the vehicle; and, if so, whether or not
2    contraband was discovered; and, if so, the type and amount
3    of contraband;
4        (6.5) whether or not contraband was found during a
5    search; and, if so, the type and amount of contraband
6    seized; and
7        (7) the name and badge number of the issuing officer.
8    (b-5) For purposes of this subsection (b-5), "detention"
9means all frisks, searches, summons, and arrests. Whenever a
10law enforcement officer subjects a pedestrian to detention in a
11public place, he or she shall complete a uniform pedestrian
12stop card, which includes any existing form currently used by
13law enforcement containing all the information required under
14this Section, that records at least the following:
15        (1) the gender, and the officer's subjective
16    determination of the race of the person stopped; the
17    person's race shall be selected from the following list:
18    American Indian or Alaska Native, Asian, Black or African
19    American, Hispanic or Latino, Native Hawaiian or Other
20    Pacific Islander, or White;
21        (2) all the alleged reasons that led to the stop of the
22    person;
23        (3) the date and time of the stop;
24        (4) the location of the stop;
25        (5) whether or not a protective pat down or frisk was
26    conducted of the person; and, if so, all the alleged

 

 

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1    reasons that led to the protective pat down or frisk, and
2    whether it was with consent or by other means;
3        (6) whether or not contraband was found during the
4    protective pat down or frisk; and, if so, the type and
5    amount of contraband seized;
6        (7) whether or not a search beyond a protective pat
7    down or frisk was conducted of the person or his or her
8    effects; and, if so, all the alleged reasons that led to
9    the search, and whether it was with consent or by other
10    means;
11        (8) whether or not contraband was found during the
12    search beyond a protective pat down or frisk; and, if so,
13    the type and amount of contraband seized;
14        (9) the disposition of the stop, such as a warning, a
15    ticket, a summons, or an arrest;
16        (10) if a summons or ticket was issued, or an arrest
17    made, a record of the violations, offenses, or crimes
18    alleged or charged; and
19        (11) the name and badge number of the officer who
20    conducted the detention.
21    This subsection (b-5) does not apply to searches or
22inspections for compliance authorized under the Fish and
23Aquatic Life Code, the Wildlife Code, the Herptiles-Herps Act,
24or searches or inspections during routine security screenings
25at facilities or events.
26    (c) The Illinois Department of Transportation shall

 

 

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1provide a standardized law enforcement data compilation form on
2its website.
3    (d) Every law enforcement agency shall, by March 1 with
4regard to data collected during July through December of the
5previous calendar year and by August 1 with regard to data
6collected during January through June of the current calendar
7year, compile the data described in subsections (a), (b), and
8(b-5) on the standardized law enforcement data compilation form
9provided by the Illinois Department of Transportation and
10transmit the data to the Department.
11    (e) The Illinois Department of Transportation shall
12analyze the data provided by law enforcement agencies required
13by this Section and submit a report of the previous year's
14findings to the Governor, the General Assembly, the Racial
15Profiling Prevention and Data Oversight Board, and each law
16enforcement agency no later than July 1 of each year. The
17Illinois Department of Transportation may contract with an
18outside entity for the analysis of the data provided. In
19analyzing the data collected under this Section, the analyzing
20entity shall scrutinize the data for evidence of statistically
21significant aberrations. The following list, which is
22illustrative, and not exclusive, contains examples of areas in
23which statistically significant aberrations may be found:
24        (1) The percentage of minority drivers, passengers, or
25    pedestrians being stopped in a given area is substantially
26    higher than the proportion of the overall population in or

 

 

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1    traveling through the area that the minority constitutes.
2        (2) A substantial number of false stops including stops
3    not resulting in the issuance of a traffic ticket or the
4    making of an arrest.
5        (3) A disparity between the proportion of citations
6    issued to minorities and proportion of minorities in the
7    population.
8        (4) A disparity among the officers of the same law
9    enforcement agency with regard to the number of minority
10    drivers, passengers, or pedestrians being stopped in a
11    given area.
12        (5) A disparity between the frequency of searches
13    performed on minority drivers or pedestrians and the
14    frequency of searches performed on non-minority drivers or
15    pedestrians.
16    (f) Any law enforcement officer identification information
17and driver or pedestrian identification information that is
18compiled by any law enforcement agency or the Illinois
19Department of Transportation pursuant to this Act for the
20purposes of fulfilling the requirements of this Section shall
21be confidential and exempt from public inspection and copying,
22as provided under Section 7 of the Freedom of Information Act,
23and the information shall not be transmitted to anyone except
24as needed to comply with this Section. This Section shall not
25exempt those materials that, prior to the effective date of
26this amendatory Act of the 93rd General Assembly, were

 

 

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1available under the Freedom of Information Act. This subsection
2(f) shall not preclude law enforcement agencies from reviewing
3data to perform internal reviews.
4    (g) Funding to implement this Section shall come from
5federal highway safety funds available to Illinois, as directed
6by the Governor.
7    (h) The Illinois Department of Transportation, in
8consultation with law enforcement agencies, officials, and
9organizations, including Illinois chiefs of police, the
10Department of State Police, the Illinois Sheriffs Association,
11and the Chicago Police Department, and community groups and
12other experts, shall undertake a study to determine the best
13use of technology to collect, compile, and analyze the traffic
14stop statistical study data required by this Section. The
15Department shall report its findings and recommendations to the
16Governor and the General Assembly by March 1, 2022 2004.
17    (h-5) For purposes of this Section:
18        (1) "American Indian or Alaska Native" means a person
19    having origins in any of the original peoples of North and
20    South America, including Central America, and who
21    maintains tribal affiliation or community attachment.
22        (2) "Asian" means a person having origins in any of the
23    original peoples of the Far East, Southeast Asia, or the
24    Indian subcontinent, including, but not limited to,
25    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
26    the Philippine Islands, Thailand, and Vietnam.

 

 

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1        (2.5) "Badge" means an officer's department issued
2    identification number associated with his or her position
3    as a police officer with that department.
4        (3) "Black or African American" means a person having
5    origins in any of the black racial groups of Africa. Terms
6    such as "Haitian" or "Negro" can be used in addition to
7    "Black or African American".
8        (4) "Hispanic or Latino" means a person of Cuban,
9    Mexican, Puerto Rican, South or Central American, or other
10    Spanish culture or origin, regardless of race.
11        (5) "Native Hawaiian or Other Pacific Islander" means a
12    person having origins in any of the original peoples of
13    Hawaii, Guam, Samoa, or other Pacific Islands.
14        (6) "White" means a person having origins in any of the
15    original peoples of Europe, the Middle East, or North
16    Africa.
17    (i) (Blank). This Section is repealed on July 1, 2019.
18(Source: P.A. 98-686, eff. 6-30-14; 99-352, eff. 1-1-16.)