Bill Text: IL HB0946 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning traffic stop statistical studies.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-04-22 - Tabled By Sponsor Rep. Monique D. Davis [HB0946 Detail]

Download: Illinois-2009-HB0946-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB0946 Introduced 2/10/2009, by Rep. Monique D. Davis SYNOPSIS AS INTRODUCED:
625 ILCS 5/11-212
Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning traffic stop statistical studies.
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A BILL FOR
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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(Section scheduled to be repealed on July 1, 2010)
Sec. 11-212. Traffic 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 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: Caucasian, African-American, Hispanic, Native
American/Alaska Native, or Asian/Pacific Islander;
(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;

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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;
(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
(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: Caucasian, African-American, Hispanic, Native
American/Alaska Native, or Asian/Pacific Islander;

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(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;
(6.5) 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.
(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) 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.
(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 or passengers
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.

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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.
(5) A disparity between the frequency of searches
performed on minority drivers and the frequency of searches
performed on non-minority drivers.
(f) Any law enforcement officer identification information
or driver 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 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.
(Source: P.A. 94-997, eff. 1-1-07; 95-290, eff. 8-20-07.)