Bill Amendment: IL HB0229 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: ELIMINATE RACIAL PROFILING ACT

Status: 2019-01-08 - Session Sine Die [HB0229 Detail]

Download: Illinois-2017-HB0229-House_Amendment_001.html

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Rep. André Thapedi

Filed: 3/23/2017

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AMENDMENT TO HOUSE BILL 229
AMENDMENT NO. ______. Amend House Bill 229 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the
Eliminate Racial Profiling Act.
Section 5. Definitions. As used in this Act:
"Covered program" means any program or activity funded in
whole or in part with funds made available under:
(1) the Edward Byrne Memorial Justice Assistance Grant
Program under part E of title I of the federal Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750
et seq.); and
(2) the "Cops on the Beat" program under part Q of
title I of the federal Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796dd et seq.), except that
no program, project, or other activity specified in Section

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1701(b)(13) of that part shall be a covered program under
this paragraph.
"Governmental body" means any department, agency, special
purpose district, or other instrumentality of State or local
government.
"Hit rate" means the percentage of stops and searches in
which a law enforcement officer finds drugs, a gun, or other
contraband that leads to an arrest. The hit rate is calculated
by dividing the total number of searches by the number of
searches that yield contraband. The hit rate is complementary
to the rate of false stops.
"Law enforcement agency" means any State or local public
agency engaged in the prevention, detection, or investigation
of violations of criminal laws.
"Law enforcement agent" means any State or local official
responsible for enforcing criminal laws, including police
officers and other agents of a law enforcement agency.
"Prevailing party" means a person:
(1) who obtains some of his or her requested relief
through a judicial judgment in his or her favor;
(2) who obtains some of his or her requested relief
through any settlement agreement approved by the court; or
(3) whose pursuit of a non-frivolous claim was a
catalyst for a unilateral change in position by the
opposing party relative to the relief sought.
"Racial profiling" means the practice of a law enforcement

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agent or agency relying, to any degree, on actual or perceived
race, ethnicity, national origin, religion, gender, gender
identity, or sexual orientation in selecting which individual
to subject to routine or spontaneous investigatory activities
or in deciding upon the scope and substance of law enforcement
activity following the initial investigatory procedure, except
when there is trustworthy information, relevant to the locality
and time frame, that links a person with a particular
characteristic described in this paragraph to an identified
criminal incident or scheme.
"Routine or spontaneous investigatory activities" means
the following activities by a law enforcement agent:
(1) interviews;
(2) traffic stops;
(3) pedestrian stops;
(4) frisks and other types of body searches;
(5) consensual or nonconsensual searches of the
persons, property, or possessions including vehicles, of
individuals using any form of public or private
transportation, including motorists and pedestrians;
(6) data collection and analysis, assessments, and
predicated investigations; or
(7) any other types of law enforcement encounters
compiled for or by the Department of State Police and the
Racial Profiling Prevention and Data Oversight Board under
the Racial Profiling Prevention and Data Oversight Act.

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"Reasonable request" means all requests for information,
except for those that:
(1) are immaterial to the investigation;
(2) would result in the unnecessary disclosure of
personal information; or
(3) would place a severe burden on the resources of the
law enforcement agency given its size.
"Unit of local government" means:
(1) any municipal, county, township, town, village, or
other general purpose political subdivision of this State;
(2) any law enforcement district or jurisdiction that:
(A) is established under applicable State law; and
(B) has the authority to, in a manner independent
of other State entities, establish a budget and impose
taxes.
Section 10. Racial profiling prohibition. No law
enforcement agent or law enforcement agency shall engage in
racial profiling.
Section 15. Enforcement.
(a) The State or an individual injured by racial profiling,
may enforce Section 10 of this Act in a civil action for
declaratory or injunctive relief, filed in a State court of
competent jurisdiction.
(b) In any action brought under this Act, relief may be

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obtained against:
(1) any governmental body that employed any law
enforcement agent who engaged in racial profiling;
(2) any agent of a governmental body who engaged in
racial profiling; and
(3) any person with supervisory authority over any law
enforcement agent who engaged in racial profiling.
(c) Proof that the routine or spontaneous investigatory
activities of law enforcement agents in a jurisdiction have had
a disparate impact on individuals with a particular racial
profiling characteristic shall constitute prima facie evidence
of a violation of this Act.
(d) Upon motion, a court shall award reasonable attorney's
fees and costs, including expert witness fees and other
litigation expenses, to a plaintiff who is a prevailing party
in any action brought (1) under subsection (b) of this Section;
or (2) to enforce a right arising under the Illinois
Constitution. In awarding reasonable attorney's fees, the
court shall consider the degree to which the relief obtained
relates to the relief sought.
(e) For purposes of this Act, the State of Illinois waives
sovereign immunity.
Section 20. Policies to eliminate racial profiling.
(a) Law enforcement agencies shall:
(1) maintain adequate policies and procedures designed

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to eliminate racial profiling; and
(2) cease existing practices that permit racial
profiling.
(b) The policies and procedures described in paragraph (1)
of subsection (a) shall include:
(1) a prohibition on racial profiling;
(2) training on racial profiling issues as part of law
enforcement training;
(3) the collection of data under rules adopted under
Section 45 of this Act;
(4) procedures for receiving, investigating, and
responding meaningfully to complaints alleging racial
profiling by law enforcement agents; and
(5) any other policies and procedures the Attorney
General determines to be necessary to eliminate racial
profiling by law enforcement agencies.
Section 25. Policies required for grants.
(a) An application by a unit of local government or a law
enforcement agency for funding under a covered program shall
include a certification that the unit of local government or
law enforcement agency, and any law enforcement agency to which
it will distribute funds:
(1) maintains adequate policies and procedures
designed to eliminate racial profiling; and
(2) has eliminated any existing practices that permit

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or encourage racial profiling.
(b) The policies and procedures described in paragraph (1)
of subsection (a) shall include:
(1) a prohibition on racial profiling;
(2) training on racial profiling issues as part of law
enforcement training;
(3) the collection of data under the rules adopted by
the Attorney General under Section 45 of this Act; and
(4) participation in an administrative complaint
procedure or independent audit program that meets the
requirements of Section 30 of this Act.
Section 30. Attorney General.
(a) Not later than 6 months after the effective date of
this Act and in consultation with stakeholders, including law
enforcement agencies and community, professional, research,
and civil rights organizations, the Attorney General shall
adopt rules for the operation of administrative complaint
procedures and independent audit programs to ensure that the
programs and procedures provide an appropriate response to
allegations of racial profiling by law enforcement agents or
agencies. The rules shall contain guidelines that ensure the
fairness, effectiveness, and independence of the
administrative complaint procedures and independent auditor
programs.
(b) If the Attorney General determines that the recipient

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of a grant from any covered program is not in compliance with
the requirements of Section 20 of this Act or any rule adopted
under subsection (a) of this Section, the Attorney General
shall order the distributing agency to withhold, in whole or in
part, at the discretion of the Attorney General, funds for one
or more grants to the recipient under the covered program,
until the recipient establishes compliance.
(c) The Attorney General shall provide notice and an
opportunity for private parties to present evidence to the
Attorney General that a recipient of a grant from any covered
program is not in compliance with the requirements of this Act.
Section 35. Data collection.
(a) The Attorney General may, through competitive grants or
contracts, carry out a 2-year demonstration project for the
purpose of developing and implementing data collection
programs on the hit rates for stops and searches by law
enforcement agencies. The data collected shall be
disaggregated by race, ethnicity, national origin, gender, and
religion.
(1) The Attorney General shall provide not more than 10
grants or contracts under this Section.
(2) Grants or contracts under this Section shall be
awarded to law enforcement agencies that serve communities
in which there is a significant concentration of racial or
ethnic minorities and that are not already collecting data

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voluntarily beyond that which is required under the Traffic
Stop Statistical Study Act.
(b) Activities carried out with a grant under this Section
shall include:
(1) developing a data collection tool and reporting the
compiled data to the Attorney General; and
(2) training of law enforcement personnel on data
collection, particularly for data collection on hit rates
for stops and searches.
(c) Not later than 3 years after the effective date of this
Act, the Attorney General shall enter into a contract with a
State institution of higher education to analyze the data
collected by each of the grantees funded under this Section.
Section 40. Best practices development grants.
(a) The Attorney General may make grants to law enforcement
agencies and units of local government to develop and implement
best practice devices and systems to eliminate racial
profiling.
(b) The funds provided under subsection (a) of this Section
shall be used for programs that include the following purposes:
(1) The development and implementation of training to
prevent racial profiling and to encourage more respectful
interaction with the public.
(2) The acquisition and use of technology to facilitate
the accurate collection and analysis of data.

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(3) The development and acquisition of feedback
systems and technologies that identify officers or units of
officers engaged in, or at risk of engaging in, racial
profiling or other misconduct.
(4) The establishment and maintenance of an
administrative complaint procedure or independent auditor
program.
(c) The Attorney General shall ensure that grants under
this Section are awarded in a manner that reserves an equitable
share of funding for small and rural law enforcement agencies.
(d) Each law enforcement agency or unit of local government
desiring a grant under this Section shall submit an application
to the Attorney General at the time, in the manner, and
accompanied by the information as the Attorney General may
reasonably require.
Section 45. Rulemaking.
(a) Not later than 6 months after the effective date of
this Act, the Attorney General, in consultation with
stakeholders, including State and local law enforcement
agencies and community, professional, research, and civil
rights organizations, shall adopt rules for the collection and
compilation of data under Sections 15 and 20 of this Act.
(b) The rules adopted under subsection (a) shall:
(1) provide for the collection of data on all routine
or spontaneous investigatory activities;

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(2) provide that the data collected shall:
(A) be collected by race, ethnicity, national
origin, gender, and religion, as perceived by the law
enforcement officer;
(B) include the date, time, and location of the
investigatory activities;
(C) include detail sufficient to permit an
analysis of whether a law enforcement agency is
engaging in racial profiling; and
(D) not include personally identifiable
information
(3) provide that a standardized form shall be made
available to law enforcement agencies for the submission of
collected data to the Attorney General;
(4) provide that law enforcement agencies shall
compile data on the standardized form made available under
paragraph (3) of this subsection (b), and submit the form
to the Attorney General;
(5) provide that law enforcement agencies shall
maintain all data collected under this Act for not less
than 4 years;
(6) include guidelines for setting comparative
benchmarks, consistent with best practices, against which
collected data shall be measured; and
(7) provide that the Attorney General shall:
(A) analyze the data for any statistically

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significant disparities, including:
(i) disparities in the percentage of drivers
or pedestrians stopped relative to the proportion
of the population passing through the
neighborhood;
(ii) disparities in the hit rate;
(iii) disparities in the frequency of searches
performed on racial or ethnic minority drivers and
the frequency of searches performed on
non-minority drivers; and
(B) not later than 3 years after the effective date
of this Act, and annually thereafter:
(i) prepare a report regarding the findings of
the analysis conducted under subparagraph (A) of
this paragraph (7);
(ii) provide the report to the General
Assembly; and
(iii) make the report available to the public,
including on the Attorney General's website.
(c) In addition to the rules under subsections (a) and (b)
of this Section, the Attorney General may adopt any other rules
he or she determines are necessary to implement this Act.
Section 50. Publication of data. The Attorney General shall
provide to the General Assembly and make available to the
public, together with each annual report described in Section

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25, the data collected under this Act, excluding any personally
identifiable information.
Section 55. Reports. Not later than 2 years after the
effective date of this Act, and annually thereafter, the
Attorney General shall submit to the General Assembly a report
on racial profiling by law enforcement agencies. Each report
submitted shall include:
(1) a summary of data collected under paragraph (3) of
subsection (b) of Section 15 and paragraph (3) of subsection
(b) of Section 20 of this Act and from any other reliable
source of information regarding racial profiling in the State;
(2) a discussion of the findings in the most recent report
prepared by the Attorney General under paragraph (7) of
subsection (b) of Section 45 of this Act;
(3) the status of the adoption and implementation of
policies and procedures by law enforcement agencies under this
Act; and
(4) a description of any other policies and procedures that
the Attorney General believes would facilitate the elimination
of racial profiling.
Section 900. The State Lawsuit Immunity Act is amended by
changing Section 1 as follows:
(745 ILCS 5/1) (from Ch. 127, par. 801)

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Sec. 1. Except as provided in the Illinois Public Labor
Relations Act, the Court of Claims Act, the State Officials and
Employees Ethics Act, the Eliminate Racial Profiling Act, and
Section 1.5 of this Act, the State of Illinois shall not be
made a defendant or party in any court.
(Source: P.A. 97-618, eff. 10-26-11.)".