625 ILCS 5/11-212
2021 Illinois Compiled Statutes|Chapter 625 - VEHICLES|625 ILCS 5/ - Illinois Vehicle Code.|Chapter 11 - Rules Of The Road

(Text of Section from P.A. 102-465)Sec. 11-212. Traffic and pedestrian 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 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;(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 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, 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).  (Source: P.A. 101-24, eff. 6-21-19; 102-465, eff. 1-1-22.)(Text of Section from P.A. 102-538)Sec. 11-212. Traffic and pedestrian 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 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;(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. Terms such as "Haitian" or "Negro" can be used in addition to "Black or African American".(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).  (Source: P.A. 101-24, eff. 6-21-19; 102-538, eff. 8-20-21.)