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Public Act 095-0290
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| HB0335 Enrolled |
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 |
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(Section scheduled to be repealed on July 1, 2010)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 |
issues a
uniform traffic citation or warning citation for an |
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 |
subjective determination of the race of
the person
stopped; |
the person's race shall be selected from the following |
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 |
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 |
vehicle was stopped and ending when the driver is free to |
leave or taken into physical custody;
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(5) the location of the traffic stop; |
(5.5) whether or not a consent search contemporaneous |
to the stop was requested of the vehicle, driver, |
passenger, or passengers; and, if so, whether consent was |
given or denied;
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(6) whether or not a search contemporaneous to the stop |
was conducted of
the
vehicle, driver, passenger, or |
passengers; and, if so, whether it was with
consent or by |
other means; |
(6.5) whether or not contraband was found during a |
search; and, if so, the type and amount of contraband |
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 |
a
motorist for an alleged violation of the Illinois Vehicle |
Code
and does not issue a uniform traffic citation or
warning |
citation for an alleged violation of the Illinois
Vehicle Code, |
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 |
by law enforcement
containing
information required pursuant to |
this Act,
that records
at least the following:
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(1) the name, address, gender,
and
the officer's |
subjective determination of the race of the person
stopped; |
the person's race shall be selected from the following |
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 |
vehicle was stopped and ending when the driver is free to |
leave or taken into physical custody;
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(5) the location of the traffic stop; |
(5.5) whether or not a consent search contemporaneous |
to the stop was requested of the vehicle, driver, |
passenger, or passengers; and, if so, whether consent was |
given or denied;
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(6) whether or not a search contemporaneous to the stop |
was conducted of
the
vehicle, driver, passenger, or |
passengers; and, if so, whether it was with
consent or by |
other means; |
(6.5) whether or not contraband was found during a |
search; and, if so, the type and amount of contraband |
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 |
provide a
standardized law
enforcement data compilation form on |
its website.
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(d) Every law enforcement agency shall, by March 1 with |
regard to data collected during July through December of the |
previous calendar year and by August 1 with regard to data |
collected during January through June of the current calendar |
year, compile the data described in subsections (a) and (b) on
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the
standardized law enforcement data compilation form |
provided by the Illinois
Department
of Transportation and |
transmit the data to the Department.
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(e) The Illinois Department of Transportation shall |
analyze the data
provided
by law
enforcement agencies required |
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 |
Profiling Prevention and Data Oversight Board, and each law |
enforcement agency no later than
July 1
of each year. The |
Illinois Department of
Transportation may contract with
an |
outside entity for the analysis of the data provided. In |
analyzing the data
collected
under this Section, the analyzing |
entity shall scrutinize the data for evidence
of statistically
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significant aberrations. The following list, which
is |
illustrative, and not exclusive, contains examples of areas in |
which
statistically
significant aberrations may be found:
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(1) The percentage of minority drivers or passengers |
being stopped in a
given
area
is substantially higher than |
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 |
not resulting in
the
issuance of a traffic ticket or the |
making of an arrest.
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(3) A disparity between the proportion of citations |
issued to minorities
and
proportion of minorities in the |
population.
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(4) A disparity among the officers of the same law |
enforcement agency with
regard to the number of minority |
drivers or passengers being stopped in a given
area.
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(5) A disparity between the frequency of searches |
performed on minority
drivers
and the frequency of searches |
performed on non-minority drivers.
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(f) Any law enforcement officer identification information |
or driver
identification information
that is
compiled by any |
law enforcement agency or the Illinois Department of
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Transportation
pursuant to this Act for
the purposes of |
fulfilling the requirements of this Section shall be
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confidential and exempt
from
public inspection and copying, as |
provided under Section 7 of the Freedom of
Information
Act,
and |
the information shall not be transmitted to anyone except as |
needed to
comply with
this Section. This Section shall not |
exempt those materials that, prior to the
effective date of |
this
amendatory Act of the 93rd General Assembly, were |
available under the Freedom
of
Information Act. This subsection |
(f) shall not preclude law enforcement agencies from reviewing |
data to perform internal reviews.
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(g) Funding to implement this Section shall come from |
federal highway
safety
funds available to Illinois, as directed |
by the Governor.
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(h) The Illinois Department of Transportation, in |
consultation with
law enforcement agencies, officials, and |
organizations, including Illinois
chiefs of police,
the |
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Department of State Police, the Illinois Sheriffs Association, |
and the
Chicago Police
Department, and community groups and |
other experts, shall undertake a study to
determine the best |
use of technology to collect, compile, and analyze the
traffic |
stop
statistical study data required by this Section. The |
Department shall report
its findings
and recommendations to the |
Governor and the General Assembly by March 1,
2004. |
(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 |
becoming law.
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