(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;
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Terms Used In Illinois Compiled Statutes 625 ILCS 5/11-212

  • Arrest: Taking physical custody of a person by lawful authority.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Contract: A legal written agreement that becomes binding when signed.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
  • Oversight: Committee review of the activities of a Federal agency or program.
  • State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
  • Summons: Another word for subpoena used by the criminal justice system.

         (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 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).
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