Stop Study Adds Pedestrians

Pedestrians must now have stop cards filled out detailing their stops and frisksin Illinois commencing 1/1/2016. 

 

SB 1304 expands the Illinois Traffic and Pedestrian Stop Statistical Study Act to collect data on stops resulting in a detention (all frisks, searches, summons and arrests). Whenever a police officer subjects a person to detention in a public place, other than for the alleged violation of the Vehicle Code, he or she must complete a pedestrian stop card. This part of the statute is scheduled to be repealed on July 1, 2019. Officers should record data on all stops, however SB 1304 does not require officers to record data on stops that do not result in a detention or ticket.

The officer will record the following data on the stop card: the officer's subjective determination of the gender and race of the person stopped; the reason for the stop; date, time and location of the stop; whether a protective pat down or frisk was conducted of the person; and, if so, the reason for the protective pat down or frisk, and whether it was with consent or by other means; whether or not contraband was found during the protective pat down or frisk; and, if so, the type and amount of contraband seized; 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, the reason for the search, and whether it was with consent or by other means; 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; the disposition of the stop, such as a warning, a ticket, a summons, or an arrest; if a summons or ticket was issued, or an arrest made, a record of the violations, offenses, or crimes alleged or charged; and the name and badge number of the officer who conducted the detention. 

The Illinois Department of Transportation will analyze the data provided by law enforcement agencies and submit an annual report of the findings to the Governor, General Assembly, the Racial Profiling Prevention and Oversight Board, and each law enforcement agency by July 1 of each year. SB 1304 requires officers, unless impractical or impossible, to provide a person stopped after a frisk or search with a document which includes the reason for the stop and contains the officer's name, agency, and badge number. Officers are not required to issue a receipt for searches or inspections for routine security screenings at facilities or events.