Illinois General Assembly - Full Text of Public Act 101-0024
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Public Act 101-0024


 

Public Act 0024 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0024
 
HB1613 EnrolledLRB101 08847 TAE 53936 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by changing
Section 11-212 as follows:
 
    (625 ILCS 5/11-212)
    (Section scheduled to be repealed on July 1, 2019)
    Sec. 11-212. Traffic and pedestrian stop statistical
study.
    (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
record at least the following:
        (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: American Indian or Alaska Native, Asian, Black or
    African American, Hispanic or Latino, Native Hawaiian or
    Other Pacific Islander, or White;
        (2) the alleged traffic violation that led to the stop
    of the motorist;
        (3) the make and year of the vehicle stopped;
        (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;
        (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;
        (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;
        (6.2) whether or not a police dog performed a sniff of
    the vehicle; and, if so, whether or not the dog alerted to
    the presence of contraband; and, if so, whether or not an
    officer searched the vehicle; and, if so, whether or not
    contraband was discovered; and, if so, the type and amount
    of contraband;
        (6.5) whether or not contraband was found during a
    search; and, if so, the type and amount of contraband
    seized; and
        (7) the name and badge number of the issuing officer.
    (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
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:
        (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: American Indian or Alaska Native, Asian, Black or
    African American, Hispanic or Latino, Native Hawaiian or
    Other Pacific Islander, or White;
        (2) the reason that led to the stop of the motorist;
        (3) the make and year of the vehicle stopped;
        (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;
        (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;
        (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;
        (6.2) whether or not a police dog performed a sniff of
    the vehicle; and, if so, whether or not the dog alerted to
    the presence of contraband; and, if so, whether or not an
    officer searched the vehicle; and, if so, whether or not
    contraband was discovered; and, if so, the type and amount
    of contraband;
        (6.5) whether or not contraband was found during a
    search; and, if so, the type and amount of contraband
    seized; and
        (7) the name and badge number of the issuing officer.
    (b-5) For purposes of this subsection (b-5), "detention"
means all frisks, searches, summons, and arrests. Whenever a
law enforcement officer subjects a pedestrian to detention in a
public place, he or she shall complete a uniform pedestrian
stop card, which includes any existing form currently used by
law enforcement containing all the information required under
this Section, that records at least the following:
        (1) the 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:
    American Indian or Alaska Native, Asian, Black or African
    American, Hispanic or Latino, Native Hawaiian or Other
    Pacific Islander, or White;
        (2) all the alleged reasons that led to the stop of the
    person;
        (3) the date and time of the stop;
        (4) the location of the stop;
        (5) whether or not a protective pat down or frisk was
    conducted of the person; and, if so, all the alleged
    reasons that led to the protective pat down or frisk, and
    whether it was with consent or by other means;
        (6) whether or not contraband was found during the
    protective pat down or frisk; and, if so, the type and
    amount of contraband seized;
        (7) whether or not a search beyond a protective pat
    down or frisk was conducted of the person or his or her
    effects; and, if so, all the alleged reasons that led to
    the search, and whether it was with consent or by other
    means;
        (8) whether or not contraband was found during the
    search beyond a protective pat down or frisk; and, if so,
    the type and amount of contraband seized;
        (9) the disposition of the stop, such as a warning, a
    ticket, a summons, or an arrest;
        (10) if a summons or ticket was issued, or an arrest
    made, a record of the violations, offenses, or crimes
    alleged or charged; and
        (11) the name and badge number of the officer who
    conducted the detention.
    This subsection (b-5) does not apply to searches or
inspections for compliance authorized under the Fish and
Aquatic Life Code, the Wildlife Code, the Herptiles-Herps Act,
or searches or inspections during routine security screenings
at facilities or events.
    (c) The Illinois Department of Transportation shall
provide a standardized law enforcement data compilation form on
its website.
    (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), (b), and
(b-5) on the standardized law enforcement data compilation form
provided by the Illinois Department of Transportation and
transmit the data to the Department.
    (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
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
significant aberrations. The following list, which is
illustrative, and not exclusive, contains examples of areas in
which statistically significant aberrations may be found:
        (1) The percentage of minority drivers, passengers, or
    pedestrians being stopped in a given area is substantially
    higher than the proportion of the overall population in or
    traveling through the area that the minority constitutes.
        (2) A substantial number of false stops including stops
    not resulting in the issuance of a traffic ticket or the
    making of an arrest.
        (3) A disparity between the proportion of citations
    issued to minorities and proportion of minorities in the
    population.
        (4) A disparity among the officers of the same law
    enforcement agency with regard to the number of minority
    drivers, passengers, or pedestrians being stopped in a
    given area.
        (5) A disparity between the frequency of searches
    performed on minority drivers or pedestrians and the
    frequency of searches performed on non-minority drivers or
    pedestrians.
    (f) Any law enforcement officer identification information
and driver or pedestrian identification information that is
compiled by any law enforcement agency or the Illinois
Department of Transportation pursuant to this Act for the
purposes of fulfilling the requirements of this Section shall
be 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.
    (g) Funding to implement this Section shall come from
federal highway safety funds available to Illinois, as directed
by the Governor.
    (h) The Illinois Criminal Justice Information Authority
Illinois Department of Transportation, in consultation with
law enforcement agencies, officials, and organizations,
including Illinois chiefs of police, the 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, 2022 2004.
    (h-1) The Traffic and Pedestrian Stop Data Use and
Collection Task Force is hereby created.
        (1) The Task Force 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.
        (2) The Task Force shall be an independent Task Force
    under the Illinois Criminal Justice Information Authority
    for administrative purposes, and shall consist of the
    following members:
            (A) 2 academics or researchers who have studied
        issues related to traffic or pedestrian stop data
        collection and have education or expertise in
        statistics;
            (B) one professor from an Illinois university who
        specializes in policing and racial equity;
            (C) one representative from the Illinois State
        Police;
            (D) one representative from the Chicago Police
        Department;
            (E) one representative from the Illinois Chiefs of
        Police;
            (F) one representative from the Illinois Sheriffs
        Association;
            (G) one representative from the Chicago Fraternal
        Order of Police;
            (H) one representative from the Illinois Fraternal
        Order of Police;
            (I) the Executive Director of the American Civil
        Liberties Union of Illinois, or his or her designee;
        and
            (J) 5 representatives from different community
        organizations who specialize in civil or human rights,
        policing, or criminal justice reform work, and that
        represent a range of minority interests or different
        parts of the State.
        (3) The Illinois Criminal Justice Information
    Authority may consult, contract, work in conjunction with,
    and obtain any information from any individual, agency,
    association, or research institution deemed appropriate by
    the Authority.
        (4) The Task Force shall report its findings and
    recommendations to the Governor and the General Assembly by
    March 1, 2022 and every 3 years after.
    (h-5) For purposes of this Section:
        (1) "American Indian or Alaska Native" means a person
    having origins in any of the original peoples of North and
    South America, including Central America, and who
    maintains tribal affiliation or community attachment.
        (2) "Asian" means a person having origins in any of the
    original peoples of the Far East, Southeast Asia, or the
    Indian subcontinent, including, but not limited to,
    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
    the Philippine Islands, Thailand, and Vietnam.
        (2.5) "Badge" means an officer's department issued
    identification number associated with his or her position
    as a police officer with that department.
        (3) "Black or African American" means a person having
    origins in any of the black racial groups of Africa. Terms
    such as "Haitian" or "Negro" can be used in addition to
    "Black or African American".
        (4) "Hispanic or Latino" means a person of Cuban,
    Mexican, Puerto Rican, South or Central American, or other
    Spanish culture or origin, regardless of race.
        (5) "Native Hawaiian or Other Pacific Islander" means a
    person having origins in any of the original peoples of
    Hawaii, Guam, Samoa, or other Pacific Islands.
        (6) "White" means a person having origins in any of the
    original peoples of Europe, the Middle East, or North
    Africa.
    (i) (Blank). This Section is repealed on July 1, 2019.
(Source: P.A. 98-686, eff. 6-30-14; 99-352, eff. 1-1-16.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 6/21/2019