Substitute Senate Bill No. 953, known as Public Act No. 23-9, amends the "Alvin W. Penn Racial Profiling Prohibition Act" by revising the definition of racial profiling to include any police action based on an individual's perceived racial or ethnic status, except when used to identify a specific suspect. It removes language that previously stated detaining an individual based on noncriminal factors was inconsistent with the policy against racial profiling. The bill requires police departments to adopt policies against profiling based on race, color, ethnicity, age, gender, or sexual orientation, and to develop a standardized method for recording traffic stop information, including notifying individuals of their right to file a complaint if they believe they have been profiled.
The bill eliminates the old requirement for police departments to use a 2012 form to record traffic stop information, indicating a new standardized method and form will be implemented. It mandates that police departments provide copies of complaints and their dispositions to the Chief State's Attorney and the Office of Policy and Management, without identifying the complainant. Officers acting in good faith will not be held civilly liable unless their conduct was unreasonable or reckless. Departments that do not comply may lose state funding. Monthly traffic stop reports must be submitted to the Office of Policy and Management, which will review and report findings annually. The bill was approved on June 7, 2023.
Statutes affected:
Raised Bill: 54-1l
JUD Joint Favorable Substitute: 54-1l, 54-1m
File No. 599: 54-1l, 54-1m
Public Act No. 23-9: 54-1l, 54-1m