IL
Illinois House Bill HB5560

Illinois 2023-2024 Regular Session

Illinois House Bill HB5560 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5560 Introduced 2/9/2024, by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED: 625 ILCS 5/2-131 new Amends the Illinois Vehicle Code. Provides that no law enforcement officer or law enforcement agency shall engage in profiling. Creates a cause of action against the State for individuals injured by profiling. Allows a court to award of attorney's fees to a prevailing plaintiff. Requires law enforcement agencies in the State to adopt policies designed to eliminate profiling by: (i) prohibiting profiling; (ii) including profiling issues as part of law enforcement training; (iii) establishing procedures for receiving, investigating, and responding to complaints alleging profiling by law enforcement officers or law enforcement agencies; (iv) adopting the model policies promoted by the Racial Profiling Prevention and Data Oversight Board; (v) collecting data in accordance with the Racial Profiling Prevention and Data Oversight Act; and (vi) ceasing practices that permit profiling. Defines terms. LRB103 39494 MXP 69691 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5560 Introduced 2/9/2024, by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED: 625 ILCS 5/2-131 new 625 ILCS 5/2-131 new Amends the Illinois Vehicle Code. Provides that no law enforcement officer or law enforcement agency shall engage in profiling. Creates a cause of action against the State for individuals injured by profiling. Allows a court to award of attorney's fees to a prevailing plaintiff. Requires law enforcement agencies in the State to adopt policies designed to eliminate profiling by: (i) prohibiting profiling; (ii) including profiling issues as part of law enforcement training; (iii) establishing procedures for receiving, investigating, and responding to complaints alleging profiling by law enforcement officers or law enforcement agencies; (iv) adopting the model policies promoted by the Racial Profiling Prevention and Data Oversight Board; (v) collecting data in accordance with the Racial Profiling Prevention and Data Oversight Act; and (vi) ceasing practices that permit profiling. Defines terms. LRB103 39494 MXP 69691 b LRB103 39494 MXP 69691 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5560 Introduced 2/9/2024, by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED:
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55 Amends the Illinois Vehicle Code. Provides that no law enforcement officer or law enforcement agency shall engage in profiling. Creates a cause of action against the State for individuals injured by profiling. Allows a court to award of attorney's fees to a prevailing plaintiff. Requires law enforcement agencies in the State to adopt policies designed to eliminate profiling by: (i) prohibiting profiling; (ii) including profiling issues as part of law enforcement training; (iii) establishing procedures for receiving, investigating, and responding to complaints alleging profiling by law enforcement officers or law enforcement agencies; (iv) adopting the model policies promoted by the Racial Profiling Prevention and Data Oversight Board; (v) collecting data in accordance with the Racial Profiling Prevention and Data Oversight Act; and (vi) ceasing practices that permit profiling. Defines terms.
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1111 1 AN ACT concerning transportation.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 1. The Illinois Vehicle Code is amended by adding
1515 5 Section 2-131 as follows:
1616 6 (625 ILCS 5/2-131 new)
1717 7 Sec. 2-131. Profiling prohibited; policies; enforcement;
1818 8 remedy.
1919 9 (a) As used in this Section:
2020 10 "Citizenship or immigration status" means all matters
2121 11 regarding citizenship of the United States or any other
2222 12 country or the authority to reside in or otherwise be present
2323 13 in the United States.
2424 14 "Law enforcement agency" means an agency of the State or
2525 15 of a unit of local government charged with the enforcement of
2626 16 State, county, or municipal laws or with managing custody of
2727 17 detained persons in the State.
2828 18 "Law enforcement officer" means any individual with the
2929 19 power to arrest or detain individuals, including law
3030 20 enforcement officers, corrections officers, and others
3131 21 employed or designated by a law enforcement agency.
3232 22 "Profiling" means the practice of a law enforcement
3333 23 officer or law enforcement agency relying, to any degree, on
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5560 Introduced 2/9/2024, by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED:
3838 625 ILCS 5/2-131 new 625 ILCS 5/2-131 new
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4040 Amends the Illinois Vehicle Code. Provides that no law enforcement officer or law enforcement agency shall engage in profiling. Creates a cause of action against the State for individuals injured by profiling. Allows a court to award of attorney's fees to a prevailing plaintiff. Requires law enforcement agencies in the State to adopt policies designed to eliminate profiling by: (i) prohibiting profiling; (ii) including profiling issues as part of law enforcement training; (iii) establishing procedures for receiving, investigating, and responding to complaints alleging profiling by law enforcement officers or law enforcement agencies; (iv) adopting the model policies promoted by the Racial Profiling Prevention and Data Oversight Board; (v) collecting data in accordance with the Racial Profiling Prevention and Data Oversight Act; and (vi) ceasing practices that permit profiling. Defines terms.
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6868 1 actual or perceived race, ethnicity, national origin,
6969 2 religion, gender, gender identity, sexual orientation, or
7070 3 citizenship status or immigration status in selecting which
7171 4 individual to subject to routine or spontaneous investigatory
7272 5 activities or in deciding upon the scope and substance of law
7373 6 enforcement activity following the initial investigatory
7474 7 procedure, except when there is trustworthy information,
7575 8 relevant to the locality and time frame, that links a person
7676 9 with a particular characteristic described in this paragraph
7777 10 to an identified criminal incident or scheme. "Profiling" does
7878 11 not include policing when race, ethnicity, national origin,
7979 12 religion, gender, gender identity, sexual orientation, or
8080 13 citizenship status or immigrations status is used in
8181 14 combination with other identifying factors as part of a
8282 15 specific individual description to initiate an enforcement
8383 16 action.
8484 17 "Routine or spontaneous investigatory activities"
8585 18 includes, but is not limited to the following activities by a
8686 19 law enforcement officer or law enforcement agency: interviews,
8787 20 traffic stops, pedestrian stops, frisks and other types of
8888 21 body searches, and consensual or nonconsensual searches of the
8989 22 person, property, or possessions, including vehicles, of
9090 23 individuals using any form of public or private
9191 24 transportation, including motorists and pedestrians.
9292 25 (b) No law enforcement officer or law enforcement agency
9393 26 shall engage in profiling.
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104104 1 The State or an individual injured by profiling may
105105 2 enforce this Section in a civil action for declaratory or
106106 3 injunctive relief, filed in a circuit court of this State.
107107 4 In any action brought under this Section, relief may be
108108 5 obtained against:
109109 6 (1) any governmental body that employed any law
110110 7 enforcement officer who engaged in profiling;
111111 8 (2) any officer of such body who engaged in profiling;
112112 9 and
113113 10 Proof that routine or spontaneous investigatory activities
114114 11 of law enforcement officers or law enforcement agencies in a
115115 12 jurisdiction have had a disparate impact on an individual
116116 13 shall constitute prima facie evidence of a violation of this
117117 14 Section.
118118 15 (c) In any action or proceeding to enforce this Section
119119 16 against any State agency, a court may allow a prevailing
120120 17 plaintiff reasonable attorney's fee as part of the costs, and
121121 18 may include expert fees as part of the attorney's fee.
122122 19 (d) Law enforcement agencies in this State shall adopt
123123 20 policies to eliminate profiling by:
124124 21 (1) prohibiting profiling;
125125 22 (2) including profiling issues as part of law
126126 23 enforcement training;
127127 24 (3) establishing procedures for receiving,
128128 25 investigating, and responding to complaints alleging
129129 26 profiling by law enforcement officers or law enforcement
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