Bill Text: IL HB1195 | 2011-2012 | 97th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Creates the Illinois Police Canine Certification Act. Creates the Illinois Police Canine Certification Board. Sets forth the membership of the Board. Provides that the Board shall establish requirements for certification of police canines used by law enforcement agencies within the State. Provides that the requirements shall be adopted by the Illinois Law Enforcement Training Standards Board. Provides that each law enforcement agency that uses police canines shall comply with the certification requirements within 12 months after the adoption of the requirements. Provides that the Board shall review statistical reports of the use of police canines for traffic stops. Amends the Department of State Police Law to provide that the Department of State Police shall provide administrative support to the Board. Effective immediately.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Passed) 2011-08-22 - Public Act . . . . . . . . . 97-0469 [HB1195 Detail]
Download: Illinois-2011-HB1195-Enrolled.html
Bill Title: Creates the Illinois Police Canine Certification Act. Creates the Illinois Police Canine Certification Board. Sets forth the membership of the Board. Provides that the Board shall establish requirements for certification of police canines used by law enforcement agencies within the State. Provides that the requirements shall be adopted by the Illinois Law Enforcement Training Standards Board. Provides that each law enforcement agency that uses police canines shall comply with the certification requirements within 12 months after the adoption of the requirements. Provides that the Board shall review statistical reports of the use of police canines for traffic stops. Amends the Department of State Police Law to provide that the Department of State Police shall provide administrative support to the Board. Effective immediately.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Passed) 2011-08-22 - Public Act . . . . . . . . . 97-0469 [HB1195 Detail]
Download: Illinois-2011-HB1195-Enrolled.html
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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 3. The Department of State Police Law of the
Civil | ||||||
5 | Administrative Code of Illinois is amended by adding Section | ||||||
6 | 2605-95 as follows:
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7 | (20 ILCS 2605/2605-95 new) | ||||||
8 | Sec. 2605-95. Training; police dog training standards. | ||||||
9 | Beginning July 1, 2012, all police dogs used by the Department | ||||||
10 | for drug enforcement purposes pursuant to the Cannabis Control | ||||||
11 | Act (720 ILCS 550/), the Illinois Controlled Substances Act | ||||||
12 | (720 ILCS 570/), and the Methamphetamine Control and Community | ||||||
13 | Protection Act (720 ILCS 646/) shall be trained by programs | ||||||
14 | that meet the certification requirements set by the Director or | ||||||
15 | the Director's designee. Satisfactory completion of the | ||||||
16 | training shall be evidenced by a certificate issued by the | ||||||
17 | Department.
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18 | Section 5. The Illinois Police Training Act is amended by | ||||||
19 | adding Section 10.12 as follows:
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20 | (50 ILCS 705/10.12 new) | ||||||
21 | Sec. 10.12. Police dog training standards. Beginning July |
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1 | 1, 2012, all police dogs used by State and local law | ||||||
2 | enforcement agencies for drug enforcement purposes pursuant to | ||||||
3 | the Cannabis Control Act (720 ILCS 550/), the Illinois | ||||||
4 | Controlled Substances Act (720 ILCS 570/), and the | ||||||
5 | Methamphetamine Control and Community Protection Act (720 ILCS | ||||||
6 | 646/) shall be trained by programs that meet the minimum | ||||||
7 | certification requirements set by the Board.
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8 | Section 10. The Illinois Vehicle Code is amended by | ||||||
9 | changing Section 11-212 as follows:
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10 | (625 ILCS 5/11-212)
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11 | (Section scheduled to be repealed on July 1, 2015)
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12 | Sec. 11-212. Traffic stop statistical study.
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13 | (a) Whenever a State or local law enforcement officer | ||||||
14 | issues a
uniform traffic citation or warning citation for an | ||||||
15 | alleged
violation of the Illinois Vehicle Code, he or she shall
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16 | record at least the following:
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17 | (1) the name, address, gender, and
the officer's | ||||||
18 | subjective determination of the race of
the person
stopped; | ||||||
19 | the person's race shall be selected from the following | ||||||
20 | list:
Caucasian, African-American, Hispanic, Native
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21 | American/Alaska Native,
or Asian/Pacific Islander;
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22 | (2) the alleged traffic violation that led to the
stop | ||||||
23 | of the motorist;
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24 | (3) the make and year of the vehicle
stopped;
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1 | (4) the date and time of the stop, beginning when the | ||||||
2 | vehicle was stopped and ending when the driver is free to | ||||||
3 | leave or taken into physical custody;
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4 | (5) the location of the traffic stop; | ||||||
5 | (5.5) whether or not a consent search contemporaneous | ||||||
6 | to the stop was requested of the vehicle, driver, | ||||||
7 | passenger, or passengers; and, if so, whether consent was | ||||||
8 | given or denied;
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9 | (6) whether or not a search contemporaneous to the stop | ||||||
10 | was conducted of
the
vehicle, driver, passenger, or | ||||||
11 | passengers; and, if so, whether it was with
consent or by | ||||||
12 | other means; | ||||||
13 | (6.2) whether or not a police dog performed a sniff of | ||||||
14 | the vehicle; and, if so, whether or not the dog alerted to | ||||||
15 | the presence of contraband; and, if so, whether or not an | ||||||
16 | officer searched the vehicle; and, if so, whether or not | ||||||
17 | contraband was discovered; and, if so, the type and amount | ||||||
18 | of contraband; | ||||||
19 | (6.5) whether or not contraband was found during a | ||||||
20 | search; and, if so, the type and amount of contraband | ||||||
21 | seized; and
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22 | (7) the name and badge number of the issuing officer.
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23 | (b) Whenever a State or local law enforcement officer stops | ||||||
24 | a
motorist for an alleged violation of the Illinois Vehicle | ||||||
25 | Code
and does not issue a uniform traffic citation or
warning | ||||||
26 | citation for an alleged violation of the Illinois
Vehicle Code, |
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1 | he or she shall complete a uniform stop card, which includes
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2 | field
contact cards, or any other existing form currently used | ||||||
3 | by law enforcement
containing
information required pursuant to | ||||||
4 | this Act,
that records
at least the following:
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5 | (1) the name, address, gender,
and
the officer's | ||||||
6 | subjective determination of the race of the person
stopped; | ||||||
7 | the person's race shall be selected from the following | ||||||
8 | list:
Caucasian, African-American, Hispanic, Native
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9 | American/Alaska
Native, or Asian/Pacific Islander;
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10 | (2) the reason that led to the stop of the
motorist;
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11 | (3) the make and year of the vehicle
stopped;
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12 | (4) the date and time of the stop, beginning when the | ||||||
13 | vehicle was stopped and ending when the driver is free to | ||||||
14 | leave or taken into physical custody;
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15 | (5) the location of the traffic stop; | ||||||
16 | (5.5) whether or not a consent search contemporaneous | ||||||
17 | to the stop was requested of the vehicle, driver, | ||||||
18 | passenger, or passengers; and, if so, whether consent was | ||||||
19 | given or denied;
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20 | (6) whether or not a search contemporaneous to the stop | ||||||
21 | was conducted of
the
vehicle, driver, passenger, or | ||||||
22 | passengers; and, if so, whether it was with
consent or by | ||||||
23 | other means; | ||||||
24 | (6.2) whether or not a police dog performed a sniff of | ||||||
25 | the vehicle; and, if so, whether or not the dog alerted to | ||||||
26 | the presence of contraband; and, if so, whether or not an |
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1 | officer searched the vehicle; and, if so, whether or not | ||||||
2 | contraband was discovered; and, if so, the type and amount | ||||||
3 | of contraband; | ||||||
4 | (6.5) whether or not contraband was found during a | ||||||
5 | search; and, if so, the type and amount of contraband | ||||||
6 | seized; and
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7 | (7) the name and badge number of the issuing
officer.
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8 | (c) The Illinois Department of Transportation shall | ||||||
9 | provide a
standardized law
enforcement data compilation form on | ||||||
10 | its website.
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11 | (d) Every law enforcement agency shall, by March 1 with | ||||||
12 | regard to data collected during July through December of the | ||||||
13 | previous calendar year and by August 1 with regard to data | ||||||
14 | collected during January through June of the current calendar | ||||||
15 | year, compile the data described in subsections (a) and (b) on
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16 | the
standardized law enforcement data compilation form | ||||||
17 | provided by the Illinois
Department
of Transportation and | ||||||
18 | transmit the data to the Department.
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19 | (e) The Illinois Department of Transportation shall | ||||||
20 | analyze the data
provided
by law
enforcement agencies required | ||||||
21 | by this Section and submit a report of the
previous year's
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22 | findings to the
Governor, the General Assembly, the Racial | ||||||
23 | Profiling Prevention and Data Oversight Board, and each law | ||||||
24 | enforcement agency no later than
July 1
of each year. The | ||||||
25 | Illinois Department of
Transportation may contract with
an | ||||||
26 | outside entity for the analysis of the data provided. In |
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1 | analyzing the data
collected
under this Section, the analyzing | ||||||
2 | entity shall scrutinize the data for evidence
of statistically
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3 | significant aberrations. The following list, which
is | ||||||
4 | illustrative, and not exclusive, contains examples of areas in | ||||||
5 | which
statistically
significant aberrations may be found:
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6 | (1) The percentage of minority drivers or passengers | ||||||
7 | being stopped in a
given
area
is substantially higher than | ||||||
8 | the proportion of the overall population in or
traveling
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9 | through the area that the minority constitutes.
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10 | (2) A substantial number of false stops including stops | ||||||
11 | not resulting in
the
issuance of a traffic ticket or the | ||||||
12 | making of an arrest.
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13 | (3) A disparity between the proportion of citations | ||||||
14 | issued to minorities
and
proportion of minorities in the | ||||||
15 | population.
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16 | (4) A disparity among the officers of the same law | ||||||
17 | enforcement agency with
regard to the number of minority | ||||||
18 | drivers or passengers being stopped in a given
area.
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19 | (5) A disparity between the frequency of searches | ||||||
20 | performed on minority
drivers
and the frequency of searches | ||||||
21 | performed on non-minority drivers.
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22 | (f) Any law enforcement officer identification information | ||||||
23 | or driver
identification information
that is
compiled by any | ||||||
24 | law enforcement agency or the Illinois Department of
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25 | Transportation
pursuant to this Act for
the purposes of | ||||||
26 | fulfilling the requirements of this Section shall be
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1 | confidential and exempt
from
public inspection and copying, as | ||||||
2 | provided under Section 7 of the Freedom of
Information
Act,
and | ||||||
3 | the information shall not be transmitted to anyone except as | ||||||
4 | needed to
comply with
this Section. This Section shall not | ||||||
5 | exempt those materials that, prior to the
effective date of | ||||||
6 | this
amendatory Act of the 93rd General Assembly, were | ||||||
7 | available under the Freedom
of
Information Act. This subsection | ||||||
8 | (f) shall not preclude law enforcement agencies from reviewing | ||||||
9 | data to perform internal reviews.
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10 | (g) Funding to implement this Section shall come from | ||||||
11 | federal highway
safety
funds available to Illinois, as directed | ||||||
12 | by the Governor.
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13 | (h) The Illinois Department of Transportation, in | ||||||
14 | consultation with
law enforcement agencies, officials, and | ||||||
15 | organizations, including Illinois
chiefs of police,
the | ||||||
16 | Department of State Police, the Illinois Sheriffs Association, | ||||||
17 | and the
Chicago Police
Department, and community groups and | ||||||
18 | other experts, shall undertake a study to
determine the best | ||||||
19 | use of technology to collect, compile, and analyze the
traffic | ||||||
20 | stop
statistical study data required by this Section. The | ||||||
21 | Department shall report
its findings
and recommendations to the | ||||||
22 | Governor and the General Assembly by March 1,
2004. | ||||||
23 | (i) This Section is repealed on July 1, 2015.
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24 | (Source: P.A. 95-290, eff. 8-20-07; 96-658, eff. 1-1-10.)
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25 | Section 99. Effective date. This Act takes effect July 1, | ||||||
26 | 2012.
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