SB 581 — VEH CD-PEDESTRIAN STOP STUDY

*LRB09409542DRH39793b* SB0581 94THEngrossed GENERALLRB094 ASSEMBLY09542 StateDRH of39793 Illinoisb andAN 2006ACT SB0581concerning Introducedtransportation. 2/18/2005, by Sen.

Kwame Raoul SYNOPSIS AS INTRODUCED:

ILCS 5/11-212 Amends the Illinois Vehicle Code provision regarding a traffic stop statistical study currently in progress.

Provides that from January 1, 2006 until December 31, 2007, whenever a State or local law enforcement officer stops a pedestrian on the basis of reasonable suspicion of criminal activity, the officer must record certain information, including the officer’s subjective determination of the stopped person’s race.

Requires law enforcement agencies to collect and transmit the recorded data to the Department of Transportation.

Requires the Department to analyze the data for evidence of statistically significant aberrations concerning the race of stopped pedestrians and to make annual reports.

LRB094 09542 DRH 39793 b FISCAL NOTE ACT STATE MANDATES MAY APPLY ACT MAY REQUIRE REIMBURSEMENT A BILL FOR SB0581 LRB094 09542 DRH 39793 b AN ACT concerning transportation.

(b) From January 1, 2004 until December 31, 2007, 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 SB0581 Engrossed - 2 - LRB094 09542 DRH 39793 b 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:

(b-1)(c) FromThe JanuaryIllinois 1,Department 2006 until December 31, 2007, whenever a State or local law enforcement officer restricts a pedestrian’s freedom of movementTransportation on the basis of articulable reasonable suspicion that the pedestrian is committing, is about to commit, or has committed a crime, and the officer does not arrest the pedestrian, the officer shall completeprovide a uniformstandardized stop card, which includes field contact cards, or any other existing form currently used by law enforcement containingdata informationcompilation requiredform pursuanton toits thiswebsite. Act, that records at least the following:

(d) Every law enforcement agency shall, by March 1 in each of the years 2004, 2005, 2006, and 2007, and 2008, compile the data described in subsections (a) and (b) on the standardized law enforcement data compilation form provided by the Illinois Department of Transportation and transmit the data to the Department.

(d-1) By March 1 in each of the years 2006, 2007, and 2008, the Chicago Police Department shall compile on the standardized law enforcement data compilation form provided by the Illinois Department of Transportation and transmit to the Department the following data collected during the prior calendar year, to the extent that the Chicago Police Department collected that data:

The following data collected by Chicago Police officers on Contact Information Cards or any other forms in cases where an SB0581 Engrossed - 3 - LRB094 09542 DRH 39793 b officer restricted a pedestrian’s freedom of movement on the basis of articulable reasonable suspicion that the pedestrian was committing, was about to commit, or had committed a crime, and the officer did not arrest the pedestrian:

SB0581 - 3 - LRB094 09542 DRH 39793 b (4) the location of the stop;

and,and if so, whether it was with consent or by other means;

(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 in each of the years 2004, 2005, 2006, and 2007, and 2008, compile the data described in subsections (a) and (b) on the standardized law enforcement data compilation form provided by the Illinois Department of Transportation and transmit the data to the Department.

(d-1) Every law enforcement agency shall, by March 1 in each of the years 2006, 2007, and 2008, compile the data described in subsection (b-1) on the standardized law enforcement data compilation form provided by the Illinois Department of Transportation and transmit the data to the Department.

(1) The percentage of minority drivers or passengers being stopped in a given area is substantially higher than SB0581 - 4 - LRB094 09542 DRH 39793 b 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 SB0581 Engrossed - 4 - LRB094 09542 DRH 39793 b making of an arrest.

(h) The 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 SB0581 - 5 - LRB094 09542 DRH 39793 b stop statistical study data required by this Section.