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    (Section scheduled to be repealed on July 1, 2019)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.