Public Act 103-1047
 
SB3775 EnrolledLRB103 39351 MXP 69514 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 Sections 7-201, 7-201.1, 11-212, 11-404, 11-407, and 
11-414 as follows:
 
    (625 ILCS 5/7-201)  (from Ch. 95 1/2, par. 7-201)
    Sec. 7-201. Application of Article II. The Administrator 
as soon as practicable after the receipt of the report, 
required to be filed under Section 11-407 Sections 11-406 and 
11-410, of a motor vehicle crash occurring within this State 
and that has resulted in bodily injury or death of any person 
or that damage to the property of any one person in excess of 
$1,500 (or $500 if any of the vehicles involved in the crash is 
subject to Section 7-601 but is not covered by a liability 
insurance policy in accordance with Section 7-601) was 
sustained, shall determine:
        1. Whether Section 7-202 of this Code requires the 
    deposit of security by or on behalf of any person who was 
    the operator or owner of any motor vehicle in any manner 
    involved in the crash; and
        2. What amount of security shall be sufficient to 
    satisfy any potential judgment or judgments for money 
    damages resulting from the crash as may be recovered 
    against the operator or owner, which amount shall in no 
    event be less than $1,500 (or $500 if any of the vehicles 
    involved in the crash is subject to Section 7-601 but is 
    not covered by a liability insurance policy in accordance 
    with Section 7-601).
(Source: P.A. 102-982, eff. 7-1-23.)
 
    (625 ILCS 5/7-201.1)  (from Ch. 95 1/2, par. 7-201.1)
    Sec. 7-201.1. If the Administrator has not received a 
report required to be filed under Section 11-407 Sections 
11-406 and 11-410, or if the information contained in a report 
is insufficient, the Administrator shall send to the person 
required to file the report a written request for the missing 
report or the missing information. The Administrator shall 
send such request no later than 45 days after the crash or 7 
days after receiving information that such crash has occurred, 
whichever is later.
    If the request is sent to a driver involved in a crash, the 
request or an attachment thereto shall contain in bold print a 
warning that failure to comply with the request within 15 days 
may result in the suspension of the driver's license.
(Source: P.A. 102-982, eff. 7-1-23.)
 
    (625 ILCS 5/11-212)
    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 February 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, 
in consultation with law enforcement agencies, officials, and 
organizations, including Illinois chiefs of police, the 
Illinois 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.
    (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.
        (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).
(Source: P.A. 101-24, eff. 6-21-19; 102-465, eff. 1-1-22; 
102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
    (625 ILCS 5/11-404)  (from Ch. 95 1/2, par. 11-404)
    Sec. 11-404. Duty upon damaging unattended vehicle or 
other property. 
    (a) The driver of any vehicle which collides with or is 
involved in a motor vehicle crash with any vehicle which is 
unattended, or other property, resulting in any damage to such 
other vehicle or property shall immediately stop and shall 
then and there either locate and notify the operator or owner 
of such vehicle or other property of the driver's name, 
address, registration number and owner of the vehicle the 
driver was operating or shall attach securely in a conspicuous 
place on or in the vehicle or other property struck a written 
notice giving the driver's name, address, registration number 
and owner of the vehicle the driver was driving and shall 
without unnecessary delay notify the nearest office of a duly 
authorized police authority and shall make a written report of 
such crash when and as required in Section 11-407 11-406. 
Every such stop shall be made without obstructing traffic more 
than is necessary. If a damaged vehicle is obstructing traffic 
lanes, the driver of the vehicle must make every reasonable 
effort to move the vehicle or have it moved so as not to block 
the traffic lanes. 
    (b) Any person failing to comply with this Section shall 
be guilty of a Class A misdemeanor.
    (c) If any peace officer or highway authority official 
finds (i) a vehicle standing upon a highway or toll highway in 
violation of a prohibition, limitation, or restriction on 
stopping, standing, or parking imposed under this Code or (ii) 
a disabled vehicle that obstructs the roadway of a highway or 
toll highway, the peace officer or highway authority official 
is authorized to move the vehicle or to require the operator of 
the vehicle to move the vehicle to the shoulder of the road, to 
a position where parking is permitted, or to public parking or 
storage premises. The removal may be performed by, or under 
the direction of, the peace officer or highway authority 
official or may be contracted for by local authorities. After 
the vehicle has been removed, the peace officer or highway 
authority official shall follow appropriate procedures, as 
provided in Section 4-203 of this Code.
    (d) A towing service, its officers, and its employees are 
not liable for loss of or damages to any real or personal 
property that occurs as the result of the removal or towing of 
any vehicle under subsection (c), as provided in subsection 
(b) of Section 4-213. 
(Source: P.A. 102-982, eff. 7-1-23.)
 
    (625 ILCS 5/11-407)  (from Ch. 95 1/2, par. 11-407)
    Sec. 11-407. Immediate notice of crash. 
    (a) The driver of a vehicle that which is in any manner 
involved in a crash in this State that requires notice to be 
given to the local police department, the county sheriff, or 
the Illinois State Police under this Section described in 
Section 11-406 of this Chapter  shall, if no police officer is 
present, give notice of the crash by the fastest available 
means of communication to the local police department if such 
crash occurs within a municipality or otherwise to the nearest 
office of the county sheriff or nearest headquarters of the 
Illinois State Police. Notice is required to be given under 
this subsection (a) if the crash: (1) results in injury to or 
death of any person; (2) results in damage to the property of 
any person, including the driver, in excess of $1,500 (or $500 
if any of the vehicles involved in the accident is subject to 
Section 7-601 but is not covered by a liability insurance 
policy) in accordance with Section 7-601; (3) if a school bus 
is involved in the crash and the crash is caused by a 
collision, a sudden stop, or otherwise, and the crash results 
in any property damage, personal injury, or death; or (4) if 
the crash occurs within 50 feet of a school bus and results in 
personal injury to or death of any person who is awaiting or 
preparing to board the school bus or immediately after the 
person exits the school bus. 
    (b) Whenever the driver of a vehicle is physically 
incapable of giving immediate notice of a crash as required in 
Subsection (a) and there was another occupant in the vehicle 
at the time of the crash capable of doing so, that occupant 
must give notice as required in Subsection (a).
(Source: P.A. 102-982, eff. 7-1-23.)
 
    (625 ILCS 5/11-414)  (from Ch. 95 1/2, par. 11-414)
    Sec. 11-414. Department to tabulate and analyze motor 
vehicle crash reports. The Department shall tabulate and may 
analyze all written motor vehicle crash reports received in 
compliance with this Code and shall publish annually or at 
more frequent intervals motor vehicle crash data. The 
Department:
        1. (blank);
        2. shall, upon written request, make available to the 
    public motor vehicle crash data that shall be distributed 
    under Sections 11-412 and 11-417 of this Code;
        3. may conduct special investigations of motor vehicle 
    crashes and may solicit supplementary reports from 
    drivers, owners, police departments, sheriffs, coroners, 
    or any other individual. Failure of any individual to 
    submit a supplementary report subjects such individual to 
    the same penalties for failure to report as designated 
    under Section 11-407 11-406.
(Source: P.A. 102-982, eff. 7-1-23.)
 
    Section 10. The DUI Prevention and Education Commission 
Act is amended by changing Sections 15 and 20 as follows:
 
    (625 ILCS 70/15)
    Sec. 15. Powers. The Commission may create rules and 
guidelines for distributing funds and shall: 
    (1) determine the best course of action for distributing 
    funds on a regular basis, either a competitive grant 
    program or direct expenditures from the DUI Prevention and 
    Education Fund; 
    (2) at the end of fiscal years when funds are expended, 
    provide a report to the General Assembly of how funds were 
    expended, including, but not limited to, a list of 
    grantees if applicable and program metrics; and 
    (3) provide approval to the Department of Transportation 
    for use of funds. 
        (1) create rules and guidelines to consider in 
    accepting, reviewing, and determining grant applications; 
        (2) as necessary, meet to determine recipients of 
    grants from the DUI Prevention and Education Fund; and 
        (3) provide a list of eligible grant recipients to the 
    Department of Transportation. 
(Source: P.A. 101-196, eff. 1-1-20.)
 
    (625 ILCS 70/20)
    Sec. 20. DUI Prevention and Education Fund; transfer of 
funds. 
    (a) The DUI Prevention and Education Fund is created as a 
special fund in the State treasury. Subject to appropriation, 
all moneys in the DUI Prevention and Education Fund shall be 
distributed by the Department of Transportation with approval 
guidance from the DUI Prevention and Education Commission as 
grants for crash victim programs and materials, impaired 
driving prevention programs, law enforcement support, and 
other DUI-related programs.
    (b) As soon as practical after the effective date of this 
Act, the State Comptroller shall direct and the State 
Treasurer shall transfer any remaining balance in excess of 
$30,000 from the Roadside Memorial Fund to the DUI Prevention 
and Education Fund. Starting in 2021 and continuing every year 
after, the cash balance in the Roadside Memorial Fund on June 
30 shall be transferred to the DUI Prevention and Education 
Fund as soon as practical. 
(Source: P.A. 101-196, eff. 1-1-20; 102-60, eff. 7-9-21.)