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| [ Introduced ] | [ House Amendment 002 ] |
91_HB1089eng HB1089 Engrossed LRB9103987KSpr 1 AN ACT concerning law enforcement, amending named Acts. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Civil Administrative Code of Illinois is 5 amended by changing Section 55a as follows: 6 (20 ILCS 2605/55a) (from Ch. 127, par. 55a) 7 (Text of Section before amendment by P.A. 90-590) 8 Sec. 55a. Powers and duties. 9 (A) The Department of State Police shall have the 10 following powers and duties, and those set forth in Sections 11 55a-1 through 55c: 12 1. To exercise the rights, powers and duties which have 13 been vested in the Department of Public Safety by the State 14 Police Act. 15 2. To exercise the rights, powers and duties which have 16 been vested in the Department of Public Safety by the State 17 Police Radio Act. 18 3. To exercise the rights, powers and duties which have 19 been vested in the Department of Public Safety by the 20 Criminal Identification Act. 21 4. To (a) investigate the origins, activities, personnel 22 and incidents of crime and the ways and means to redress the 23 victims of crimes, and study the impact, if any, of 24 legislation relative to the effusion of crime and growing 25 crime rates, and enforce the criminal laws of this State 26 related thereto, (b) enforce all laws regulating the 27 production, sale, prescribing, manufacturing, administering, 28 transporting, having in possession, dispensing, delivering, 29 distributing, or use of controlled substances and cannabis, 30 (c) employ skilled experts, scientists, technicians, 31 investigators or otherwise specially qualified persons to aid HB1089 Engrossed -2- LRB9103987KSpr 1 in preventing or detecting crime, apprehending criminals, or 2 preparing and presenting evidence of violations of the 3 criminal laws of the State, (d) cooperate with the police of 4 cities, villages and incorporated towns, and with the police 5 officers of any county, in enforcing the laws of the State 6 and in making arrests and recovering property, (e) apprehend 7 and deliver up any person charged in this State or any other 8 State of the United States with treason, felony, or other 9 crime, who has fled from justice and is found in this State, 10 and (f) conduct such other investigations as may be provided 11 by law. Persons exercising these powers within the Department 12 are conservators of the peace and as such have all the powers 13 possessed by policemen in cities and sheriffs, except that 14 they may exercise such powers anywhere in the State in 15 cooperation with and after contact with the local law 16 enforcement officials. Such persons may use false or 17 fictitious names in the performance of their duties under 18 this paragraph, upon approval of the Director, and shall not 19 be subject to prosecution under the criminal laws for such 20 use. 21 5. To: (a) be a central repository and custodian of 22 criminal statistics for the State, (b) be a central 23 repository for criminal history record information, (c) 24 procure and file for record such information as is necessary 25 and helpful to plan programs of crime prevention, law 26 enforcement and criminal justice, (d) procure and file for 27 record such copies of fingerprints, as may be required by 28 law, (e) establish general and field crime laboratories, (f) 29 register and file for record such information as may be 30 required by law for the issuance of firearm owner's 31 identification cards, (g) employ polygraph operators, 32 laboratory technicians and other specially qualified persons 33 to aid in the identification of criminal activity, and (h) 34 undertake such other identification, information, laboratory, HB1089 Engrossed -3- LRB9103987KSpr 1 statistical or registration activities as may be required by 2 law. 3 6. To (a) acquire and operate one or more radio 4 broadcasting stations in the State to be used for police 5 purposes, (b) operate a statewide communications network to 6 gather and disseminate information for law enforcement 7 agencies, (c) operate an electronic data processing and 8 computer center for the storage and retrieval of data 9 pertaining to criminal activity, and (d) undertake such other 10 communication activities as may be required by law. 11 7. To provide, as may be required by law, assistance to 12 local law enforcement agencies through (a) training, 13 management and consultant services for local law enforcement 14 agencies, and (b) the pursuit of research and the publication 15 of studies pertaining to local law enforcement activities. 16 8. To exercise the rights, powers and duties which have 17 been vested in the Department of State Police and the 18 Director of the Department of State Police by the Narcotic 19 Control Division Abolition Act. 20 9. To exercise the rights, powers and duties which have 21 been vested in the Department of Public Safety by the 22 Illinois Vehicle Code. 23 10. To exercise the rights, powers and duties which have 24 been vested in the Department of Public Safety by the Firearm 25 Owners Identification Card Act. 26 11. To enforce and administer such other laws in 27 relation to law enforcement as may be vested in the 28 Department. 29 12. To transfer jurisdiction of any realty title to 30 which is held by the State of Illinois under the control of 31 the Department to any other department of the State 32 government or to the State Employees Housing Commission, or 33 to acquire or accept Federal land, when such transfer, 34 acquisition or acceptance is advantageous to the State and is HB1089 Engrossed -4- LRB9103987KSpr 1 approved in writing by the Governor. 2 13. With the written approval of the Governor, to enter 3 into agreements with other departments created by this Act, 4 for the furlough of inmates of the penitentiary to such other 5 departments for their use in research programs being 6 conducted by them. 7 For the purpose of participating in such research 8 projects, the Department may extend the limits of any 9 inmate's place of confinement, when there is reasonable cause 10 to believe that the inmate will honor his or her trust by 11 authorizing the inmate, under prescribed conditions, to leave 12 the confines of the place unaccompanied by a custodial agent 13 of the Department. The Department shall make rules governing 14 the transfer of the inmate to the requesting other department 15 having the approved research project, and the return of such 16 inmate to the unextended confines of the penitentiary. Such 17 transfer shall be made only with the consent of the inmate. 18 The willful failure of a prisoner to remain within the 19 extended limits of his or her confinement or to return within 20 the time or manner prescribed to the place of confinement 21 designated by the Department in granting such extension shall 22 be deemed an escape from custody of the Department and 23 punishable as provided in Section 3-6-4 of the Unified Code 24 of Corrections. 25 14. To provide investigative services, with all of the 26 powers possessed by policemen in cities and sheriffs, in and 27 around all race tracks subject to the Horse Racing Act of 28 1975. 29 15. To expend such sums as the Director deems necessary 30 from Contractual Services appropriations for the Division of 31 Criminal Investigation for the purchase of evidence and for 32 the employment of persons to obtain evidence. Such sums shall 33 be advanced to agents authorized by the Director to expend 34 funds, on vouchers signed by the Director. HB1089 Engrossed -5- LRB9103987KSpr 1 16. To assist victims and witnesses in gang crime 2 prosecutions through the administration of funds appropriated 3 from the Gang Violence Victims and Witnesses Fund to the 4 Department. Such funds shall be appropriated to the 5 Department and shall only be used to assist victims and 6 witnesses in gang crime prosecutions and such assistance may 7 include any of the following: 8 (a) temporary living costs; 9 (b) moving expenses; 10 (c) closing costs on the sale of private residence; 11 (d) first month's rent; 12 (e) security deposits; 13 (f) apartment location assistance; 14 (g) other expenses which the Department considers 15 appropriate; and 16 (h) compensation for any loss of or injury to real 17 or personal property resulting from a gang crime to a 18 maximum of $5,000, subject to the following provisions: 19 (1) in the case of loss of property, the 20 amount of compensation shall be measured by the 21 replacement cost of similar or like property which 22 has been incurred by and which is substantiated by 23 the property owner, 24 (2) in the case of injury to property, the 25 amount of compensation shall be measured by the cost 26 of repair incurred and which can be substantiated by 27 the property owner, 28 (3) compensation under this provision is a 29 secondary source of compensation and shall be 30 reduced by any amount the property owner receives 31 from any other source as compensation for the loss 32 or injury, including, but not limited to, personal 33 insurance coverage, 34 (4) no compensation may be awarded if the HB1089 Engrossed -6- LRB9103987KSpr 1 property owner was an offender or an accomplice of 2 the offender, or if the award would unjustly benefit 3 the offender or offenders, or an accomplice of the 4 offender or offenders. 5 No victim or witness may receive such assistance if he or 6 she is not a part of or fails to fully cooperate in the 7 prosecution of gang crime members by law enforcement 8 authorities. 9 The Department shall promulgate any rules necessary for 10 the implementation of this amendatory Act of 1985. 11 17. To conduct arson investigations. 12 18. To develop a separate statewide statistical police 13 contact record keeping system for the study of juvenile 14 delinquency. The records of this police contact system shall 15 be limited to statistical information. No individually 16 identifiable information shall be maintained in the police 17 contact statistical record system. 18 19. To develop a separate statewide central adjudicatory 19 and dispositional records system for persons under 19 years 20 of age who have been adjudicated delinquent minors and to 21 make information available to local registered participating 22 police youth officers so that police youth officers will be 23 able to obtain rapid access to the juvenile's background from 24 other jurisdictions to the end that the police youth officers 25 can make appropriate dispositions which will best serve the 26 interest of the child and the community. Information 27 maintained in the adjudicatory and dispositional record 28 system shall be limited to the incidents or offenses for 29 which the minor was adjudicated delinquent by a court, and a 30 copy of the court's dispositional order. All individually 31 identifiable records in the adjudicatory and dispositional 32 records system shall be destroyed when the person reaches 19 33 years of age. 34 20. To develop rules which guarantee the confidentiality HB1089 Engrossed -7- LRB9103987KSpr 1 of such individually identifiable adjudicatory and 2 dispositional records except when used for the following: 3 (a) by authorized juvenile court personnel or the 4 State's Attorney in connection with proceedings under the 5 Juvenile Court Act of 1987; or 6 (b) inquiries from registered police youth 7 officers. 8 For the purposes of this Act "police youth officer" means 9 a member of a duly organized State, county or municipal 10 police force who is assigned by his or her Superintendent, 11 Sheriff or chief of police, as the case may be, to specialize 12 in youth problems. 13 21. To develop administrative rules and administrative 14 hearing procedures which allow a minor, his or her attorney, 15 and his or her parents or guardian access to individually 16 identifiable adjudicatory and dispositional records for the 17 purpose of determining or challenging the accuracy of the 18 records. Final administrative decisions shall be subject to 19 the provisions of the Administrative Review Law. 20 22. To charge, collect, and receive fees or moneys 21 equivalent to the cost of providing Department of State 22 Police personnel, equipment, and services to local 23 governmental agencies when explicitly requested by a local 24 governmental agency and pursuant to an intergovernmental 25 agreement as provided by this Section, other State agencies, 26 and federal agencies, including but not limited to fees or 27 moneys equivalent to the cost of providing dispatching 28 services, radio and radar repair, and training to local 29 governmental agencies on such terms and conditions as in the 30 judgment of the Director are in the best interest of the 31 State; and to establish, charge, collect and receive fees or 32 moneys based on the cost of providing responses to requests 33 for criminal history record information pursuant to positive 34 identification and any Illinois or federal law authorizing HB1089 Engrossed -8- LRB9103987KSpr 1 access to some aspect of such information and to prescribe 2 the form and manner for requesting and furnishing such 3 information to the requestor on such terms and conditions as 4 in the judgment of the Director are in the best interest of 5 the State, provided fees for requesting and furnishing 6 criminal history record information may be waived for 7 requests in the due administration of the criminal laws. The 8 Department may also charge, collect and receive fees or 9 moneys equivalent to the cost of providing electronic data 10 processing lines or related telecommunication services to 11 local governments, but only when such services can be 12 provided by the Department at a cost less than that 13 experienced by said local governments through other means. 14 All services provided by the Department shall be conducted 15 pursuant to contracts in accordance with the 16 Intergovernmental Cooperation Act, and all telecommunication 17 services shall be provided pursuant to the provisions of 18 Section 67.18 of this Code. 19 All fees received by the Department of State Police under 20 this Act or the Illinois Uniform Conviction Information Act 21 shall be deposited in a special fund in the State Treasury to 22 be known as the State Police Services Fund. The money 23 deposited in the State Police Services Fund shall be 24 appropriated to the Department of State Police for expenses 25 of the Department of State Police. 26 Upon the completion of any audit of the Department of 27 State Police as prescribed by the Illinois State Auditing 28 Act, which audit includes an audit of the State Police 29 Services Fund, the Department of State Police shall make the 30 audit open to inspection by any interested person. 31 23. To exercise the powers and perform the duties which 32 have been vested in the Department of State Police by the 33 Intergovernmental Missing Child Recovery Act of 1984, and to 34 establish reasonable rules and regulations necessitated HB1089 Engrossed -9- LRB9103987KSpr 1 thereby. 2 24. (a) To establish and maintain a statewide Law 3 Enforcement Agencies Data System (LEADS) for the purpose of 4 providing electronic access by authorized entities to 5 criminal justice data repositories and effecting an immediate 6 law enforcement response to reports of missing persons, 7 including lost, missing or runaway minors. The Department 8 shall implement an automatic data exchange system to compile, 9 to maintain and to make available to other law enforcement 10 agencies for immediate dissemination data which can assist 11 appropriate agencies in recovering missing persons and 12 provide access by authorized entities to various data 13 repositories available through LEADS for criminal justice and 14 related purposes. To assist the Department in this effort, 15 funds may be appropriated from the LEADS Maintenance Fund. 16 (b) In exercising its duties under this subsection, the 17 Department shall: 18 (1) provide a uniform reporting format for the 19 entry of pertinent information regarding the report of a 20 missing person into LEADS; 21 (2) develop and implement a policy whereby a 22 statewide or regional alert would be used in situations 23 relating to the disappearances of individuals, based on 24 criteria and in a format established by the Department. 25 Such a format shall include, but not be limited to, the 26 age of the missing person and the suspected circumstance 27 of the disappearance; 28 (3) notify all law enforcement agencies that 29 reports of missing persons shall be entered as soon as 30 the minimum level of data specified by the Department is 31 available to the reporting agency, and that no waiting 32 period for the entry of such data exists; 33 (4) compile and retain information regarding lost, 34 abducted, missing or runaway minors in a separate data HB1089 Engrossed -10- LRB9103987KSpr 1 file, in a manner that allows such information to be used 2 by law enforcement and other agencies deemed appropriate 3 by the Director, for investigative purposes. Such 4 information shall include the disposition of all reported 5 lost, abducted, missing or runaway minor cases; 6 (5) compile and maintain an historic data 7 repository relating to lost, abducted, missing or runaway 8 minors and other missing persons in order to develop and 9 improve techniques utilized by law enforcement agencies 10 when responding to reports of missing persons; and 11 (6) create a quality control program regarding 12 confirmation of missing person data, timeliness of 13 entries of missing person reports into LEADS and 14 performance audits of all entering agencies. 15 25. On request of a school board or regional 16 superintendent of schools, to conduct an inquiry pursuant to 17 Section 10-21.9 or 34-18.5 of the School Code to ascertain if 18 an applicant for employment in a school district has been 19 convicted of any criminal or drug offenses enumerated in 20 Section 10-21.9 or 34-18.5 of the School Code. The 21 Department shall furnish such conviction information to the 22 President of the school board of the school district which 23 has requested the information, or if the information was 24 requested by the regional superintendent to that regional 25 superintendent. 26 26. To promulgate rules and regulations necessary for 27 the administration and enforcement of its powers and duties, 28 wherever granted and imposed, pursuant to the Illinois 29 Administrative Procedure Act. 30 27. To (a) promulgate rules pertaining to the 31 certification, revocation of certification and training of 32 law enforcement officers as electronic criminal surveillance 33 officers, (b) provide training and technical assistance to 34 State's Attorneys and local law enforcement agencies HB1089 Engrossed -11- LRB9103987KSpr 1 pertaining to the interception of private oral 2 communications, (c) promulgate rules necessary for the 3 administration of Article 108B of the Code of Criminal 4 Procedure of 1963, including but not limited to standards for 5 recording and minimization of electronic criminal 6 surveillance intercepts, documentation required to be 7 maintained during an intercept, procedures in relation to 8 evidence developed by an intercept, and (d) charge a 9 reasonable fee to each law enforcement agency that sends 10 officers to receive training as electronic criminal 11 surveillance officers. 12 28. Upon the request of any private organization which 13 devotes a major portion of its time to the provision of 14 recreational, social, educational or child safety services to 15 children, to conduct, pursuant to positive identification, 16 criminal background investigations of all of that 17 organization's current employees, current volunteers, 18 prospective employees or prospective volunteers charged with 19 the care and custody of children during the provision of the 20 organization's services, and to report to the requesting 21 organization any record of convictions maintained in the 22 Department's files about such persons. The Department shall 23 charge an application fee, based on actual costs, for the 24 dissemination of conviction information pursuant to this 25 subsection. The Department is empowered to establish this 26 fee and shall prescribe the form and manner for requesting 27 and furnishing conviction information pursuant to this 28 subsection. Information received by the organization from the 29 Department concerning an individual shall be provided to such 30 individual. Any such information obtained by the 31 organization shall be confidential and may not be transmitted 32 outside the organization and may not be transmitted to anyone 33 within the organization except as needed for the purpose of 34 evaluating the individual. Only information and standards HB1089 Engrossed -12- LRB9103987KSpr 1 which bear a reasonable and rational relation to the 2 performance of child care shall be used by the organization. 3 Any employee of the Department or any member, employee or 4 volunteer of the organization receiving confidential 5 information under this subsection who gives or causes to be 6 given any confidential information concerning any criminal 7 convictions of an individual shall be guilty of a Class A 8 misdemeanor unless release of such information is authorized 9 by this subsection. 10 29. Upon the request of the Department of Children and 11 Family Services, to investigate reports of child abuse or 12 neglect. 13 30. To obtain registration of a fictitious vital record 14 pursuant to Section 15.1 of the Vital Records Act. 15 31. To collect and disseminate information relating to 16 "hate crimes" as defined under Section 12-7.1 of the Criminal 17 Code of 1961 contingent upon the availability of State or 18 Federal funds to revise and upgrade the Illinois Uniform 19 Crime Reporting System. All law enforcement agencies shall 20 report monthly to the Department of State Police concerning 21 such offenses in such form and in such manner as may be 22 prescribed by rules and regulations adopted by the Department 23 of State Police. Such information shall be compiled by the 24 Department and be disseminated upon request to any local law 25 enforcement agency, unit of local government, or state 26 agency. Dissemination of such information shall be subject 27 to all confidentiality requirements otherwise imposed by law. 28 The Department of State Police shall provide training for 29 State Police officers in identifying, responding to, and 30 reporting all hate crimes. The IllinoisLocal Governmental31 Law EnforcementOfficer'sTraining Standards Board shall 32 develop and certify a course of such training to be made 33 available to local law enforcement officers. 34 32. Upon the request of a private carrier company that HB1089 Engrossed -13- LRB9103987KSpr 1 provides transportation under Section 28b of the Metropolitan 2 Transit Authority Act, to ascertain if an applicant for a 3 driver position has been convicted of any criminal or drug 4 offense enumerated in Section 28b of the Metropolitan Transit 5 Authority Act. The Department shall furnish the conviction 6 information to the private carrier company that requested the 7 information. 8 33. To apply for grants or contracts, receive, expend, 9 allocate, or disburse funds and moneys made available by 10 public or private entities, including, but not limited to, 11 contracts, bequests, grants, or receiving equipment from 12 corporations, foundations, or public or private institutions 13 of higher learning. All funds received by the Department 14 from these sources shall be deposited into the appropriate 15 fund in the State Treasury to be appropriated to the 16 Department for purposes as indicated by the grantor or 17 contractor or, in the case of funds or moneys bequeathed or 18 granted for no specific purpose, for any purpose as deemed 19 appropriate by the Director in administering the 20 responsibilities of the Department. 21 34. Upon the request of the Department of Children and 22 Family Services, the Department of State Police shall provide 23 properly designated employees of the Department of Children 24 and Family Services with criminal history record information 25 as defined in the Illinois Uniform Conviction Information Act 26 and information maintained in the adjudicatory and 27 dispositional record system as defined in subdivision (A)19 28 of this Section if the Department of Children and Family 29 Services determines the information is necessary to perform 30 its duties under the Abused and Neglected Child Reporting 31 Act, the Child Care Act of 1969, and the Children and Family 32 Services Act. The request shall be in the form and manner 33 specified by the Department of State Police. 34 35. The Illinois Department of Public Aid is an HB1089 Engrossed -14- LRB9103987KSpr 1 authorized entity under this Section for the purpose of 2 obtaining access to various data repositories available 3 through LEADS, to facilitate the location of individuals for 4 establishing paternity, and establishing, modifying, and 5 enforcing child support obligations, pursuant to the Illinois 6 Public Aid Code and Title IV, Part D of the Social Security 7 Act. The Department shall enter into an agreement with the 8 Illinois Department of Public Aid consistent with these 9 purposes. 10 36. Upon request of the Department of Human Services, to 11 conduct an assessment and evaluation of sexually violent 12 persons as mandated by the Sexually Violent Persons 13 Commitment Act, the Department shall furnish criminal history 14 information maintained on the requested person. The request 15 shall be in the form and manner specified by the Department. 16 37. To provide training and continuing education to 17 State Police officers concerning cultural diversity, 18 including sensitivity toward racial and ethnic differences. 19 This training and continuing education shall include, but not 20 be limited to, an emphasis on the fact that the primary 21 purpose of enforcement of the Illinois Vehicle Code is safety 22 and equal and uniform enforcement under the law. 23 (B) The Department of State Police may establish and 24 maintain, within the Department of State Police, a Statewide 25 Organized Criminal Gang Database (SWORD) for the purpose of 26 tracking organized criminal gangs and their memberships. 27 Information in the database may include, but not be limited 28 to, the name, last known address, birth date, physical 29 descriptions (such as scars, marks, or tattoos), officer 30 safety information, organized gang affiliation, and entering 31 agency identifier. The Department may develop, in 32 consultation with the Criminal Justice Information Authority, 33 and in a form and manner prescribed by the Department, an 34 automated data exchange system to compile, to maintain, and HB1089 Engrossed -15- LRB9103987KSpr 1 to make this information electronically available to 2 prosecutors and to other law enforcement agencies. The 3 information may be used by authorized agencies to combat the 4 operations of organized criminal gangs statewide. 5 (C) The Department of State Police may ascertain the 6 number of bilingual police officers and other personnel 7 needed to provide services in a language other than English 8 and may establish, under applicable personnel rules and 9 Department guidelines or through a collective bargaining 10 agreement, a bilingual pay supplement program. 11 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 12 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-655, eff. 13 7-30-98; 90-793, eff. 8-14-98; revised 10-6-98.) 14 (Text of Section after amendment by P.A. 90-590) 15 Sec. 55a. Powers and duties. 16 (A) The Department of State Police shall have the 17 following powers and duties, and those set forth in Sections 18 55a-1 through 55c: 19 1. To exercise the rights, powers and duties which have 20 been vested in the Department of Public Safety by the State 21 Police Act. 22 2. To exercise the rights, powers and duties which have 23 been vested in the Department of Public Safety by the State 24 Police Radio Act. 25 3. To exercise the rights, powers and duties which have 26 been vested in the Department of Public Safety by the 27 Criminal Identification Act. 28 4. To (a) investigate the origins, activities, personnel 29 and incidents of crime and the ways and means to redress the 30 victims of crimes, and study the impact, if any, of 31 legislation relative to the effusion of crime and growing 32 crime rates, and enforce the criminal laws of this State 33 related thereto, (b) enforce all laws regulating the 34 production, sale, prescribing, manufacturing, administering, HB1089 Engrossed -16- LRB9103987KSpr 1 transporting, having in possession, dispensing, delivering, 2 distributing, or use of controlled substances and cannabis, 3 (c) employ skilled experts, scientists, technicians, 4 investigators or otherwise specially qualified persons to aid 5 in preventing or detecting crime, apprehending criminals, or 6 preparing and presenting evidence of violations of the 7 criminal laws of the State, (d) cooperate with the police of 8 cities, villages and incorporated towns, and with the police 9 officers of any county, in enforcing the laws of the State 10 and in making arrests and recovering property, (e) apprehend 11 and deliver up any person charged in this State or any other 12 State of the United States with treason, felony, or other 13 crime, who has fled from justice and is found in this State, 14 and (f) conduct such other investigations as may be provided 15 by law. Persons exercising these powers within the Department 16 are conservators of the peace and as such have all the powers 17 possessed by policemen in cities and sheriffs, except that 18 they may exercise such powers anywhere in the State in 19 cooperation with and after contact with the local law 20 enforcement officials. Such persons may use false or 21 fictitious names in the performance of their duties under 22 this paragraph, upon approval of the Director, and shall not 23 be subject to prosecution under the criminal laws for such 24 use. 25 5. To: (a) be a central repository and custodian of 26 criminal statistics for the State, (b) be a central 27 repository for criminal history record information, (c) 28 procure and file for record such information as is necessary 29 and helpful to plan programs of crime prevention, law 30 enforcement and criminal justice, (d) procure and file for 31 record such copies of fingerprints, as may be required by 32 law, (e) establish general and field crime laboratories, (f) 33 register and file for record such information as may be 34 required by law for the issuance of firearm owner's HB1089 Engrossed -17- LRB9103987KSpr 1 identification cards, (g) employ polygraph operators, 2 laboratory technicians and other specially qualified persons 3 to aid in the identification of criminal activity, and (h) 4 undertake such other identification, information, laboratory, 5 statistical or registration activities as may be required by 6 law. 7 6. To (a) acquire and operate one or more radio 8 broadcasting stations in the State to be used for police 9 purposes, (b) operate a statewide communications network to 10 gather and disseminate information for law enforcement 11 agencies, (c) operate an electronic data processing and 12 computer center for the storage and retrieval of data 13 pertaining to criminal activity, and (d) undertake such other 14 communication activities as may be required by law. 15 7. To provide, as may be required by law, assistance to 16 local law enforcement agencies through (a) training, 17 management and consultant services for local law enforcement 18 agencies, and (b) the pursuit of research and the publication 19 of studies pertaining to local law enforcement activities. 20 8. To exercise the rights, powers and duties which have 21 been vested in the Department of State Police and the 22 Director of the Department of State Police by the Narcotic 23 Control Division Abolition Act. 24 9. To exercise the rights, powers and duties which have 25 been vested in the Department of Public Safety by the 26 Illinois Vehicle Code. 27 10. To exercise the rights, powers and duties which have 28 been vested in the Department of Public Safety by the Firearm 29 Owners Identification Card Act. 30 11. To enforce and administer such other laws in 31 relation to law enforcement as may be vested in the 32 Department. 33 12. To transfer jurisdiction of any realty title to 34 which is held by the State of Illinois under the control of HB1089 Engrossed -18- LRB9103987KSpr 1 the Department to any other department of the State 2 government or to the State Employees Housing Commission, or 3 to acquire or accept Federal land, when such transfer, 4 acquisition or acceptance is advantageous to the State and is 5 approved in writing by the Governor. 6 13. With the written approval of the Governor, to enter 7 into agreements with other departments created by this Act, 8 for the furlough of inmates of the penitentiary to such other 9 departments for their use in research programs being 10 conducted by them. 11 For the purpose of participating in such research 12 projects, the Department may extend the limits of any 13 inmate's place of confinement, when there is reasonable cause 14 to believe that the inmate will honor his or her trust by 15 authorizing the inmate, under prescribed conditions, to leave 16 the confines of the place unaccompanied by a custodial agent 17 of the Department. The Department shall make rules governing 18 the transfer of the inmate to the requesting other department 19 having the approved research project, and the return of such 20 inmate to the unextended confines of the penitentiary. Such 21 transfer shall be made only with the consent of the inmate. 22 The willful failure of a prisoner to remain within the 23 extended limits of his or her confinement or to return within 24 the time or manner prescribed to the place of confinement 25 designated by the Department in granting such extension shall 26 be deemed an escape from custody of the Department and 27 punishable as provided in Section 3-6-4 of the Unified Code 28 of Corrections. 29 14. To provide investigative services, with all of the 30 powers possessed by policemen in cities and sheriffs, in and 31 around all race tracks subject to the Horse Racing Act of 32 1975. 33 15. To expend such sums as the Director deems necessary 34 from Contractual Services appropriations for the Division of HB1089 Engrossed -19- LRB9103987KSpr 1 Criminal Investigation for the purchase of evidence and for 2 the employment of persons to obtain evidence. Such sums shall 3 be advanced to agents authorized by the Director to expend 4 funds, on vouchers signed by the Director. 5 16. To assist victims and witnesses in gang crime 6 prosecutions through the administration of funds appropriated 7 from the Gang Violence Victims and Witnesses Fund to the 8 Department. Such funds shall be appropriated to the 9 Department and shall only be used to assist victims and 10 witnesses in gang crime prosecutions and such assistance may 11 include any of the following: 12 (a) temporary living costs; 13 (b) moving expenses; 14 (c) closing costs on the sale of private residence; 15 (d) first month's rent; 16 (e) security deposits; 17 (f) apartment location assistance; 18 (g) other expenses which the Department considers 19 appropriate; and 20 (h) compensation for any loss of or injury to real 21 or personal property resulting from a gang crime to a 22 maximum of $5,000, subject to the following provisions: 23 (1) in the case of loss of property, the 24 amount of compensation shall be measured by the 25 replacement cost of similar or like property which 26 has been incurred by and which is substantiated by 27 the property owner, 28 (2) in the case of injury to property, the 29 amount of compensation shall be measured by the cost 30 of repair incurred and which can be substantiated by 31 the property owner, 32 (3) compensation under this provision is a 33 secondary source of compensation and shall be 34 reduced by any amount the property owner receives HB1089 Engrossed -20- LRB9103987KSpr 1 from any other source as compensation for the loss 2 or injury, including, but not limited to, personal 3 insurance coverage, 4 (4) no compensation may be awarded if the 5 property owner was an offender or an accomplice of 6 the offender, or if the award would unjustly benefit 7 the offender or offenders, or an accomplice of the 8 offender or offenders. 9 No victim or witness may receive such assistance if he or 10 she is not a part of or fails to fully cooperate in the 11 prosecution of gang crime members by law enforcement 12 authorities. 13 The Department shall promulgate any rules necessary for 14 the implementation of this amendatory Act of 1985. 15 17. To conduct arson investigations. 16 18. To develop a separate statewide statistical police 17 contact record keeping system for the study of juvenile 18 delinquency. The records of this police contact system shall 19 be limited to statistical information. No individually 20 identifiable information shall be maintained in the police 21 contact statistical record system. 22 19. To develop a separate statewide central juvenile 23 records system for persons arrested prior to the age of 17 24 under Section 5-401 of the Juvenile Court Act of 1987 or 25 adjudicated delinquent minors and to make information 26 available to local law enforcement officers so that law 27 enforcement officers will be able to obtain rapid access to 28 the background of the minor from other jurisdictions to the 29 end that the juvenile police officers can make appropriate 30 decisions which will best serve the interest of the child and 31 the community. The Department shall submit a quarterly 32 report to the General Assembly and Governor which shall 33 contain the number of juvenile records that the Department 34 has received in that quarter and,a list, by category, of HB1089 Engrossed -21- LRB9103987KSpr 1 offenses that minors were arrested for or convicted of by 2 age, race and gender. 3 20. To develop rules which guarantee the confidentiality 4 of such individually identifiable juvenile records except to 5 juvenile authorities who request information concerning the 6 minor and who certify in writing that the information will 7 not be disclosed to any other party except as provided under 8 law or order of court. For purposes of this Section, 9 "juvenile authorities" means: (i) a judge of the circuit 10 court and members of the staff of the court designated by the 11 judge; (ii) parties to the proceedings under the Juvenile 12 Court Act of 1987 and their attorneys; (iii) probation 13 officers and court appointed advocates for the juvenile 14 authorized by the judge hearing the case; (iv) any individual 15 or,public orofprivate agency having custody of the child 16 pursuant to court order; (v) any individual or,public or 17 private agency providing education, medical or mental health 18 service to the child when the requested information is needed 19 to determine the appropriate service or treatment for the 20 minor; (vi) any potential placement provider when such 21 release is authorized by the court for the limited purpose of 22 determining the appropriateness of the potential placement; 23 (vii) law enforcement officers and prosecutors; (viii) adult 24 and juvenile prisoner review boards; (ix) authorized military 25 personnel; (x) individuals authorized by court; (xi) the 26 Illinois General Assembly or any committee or commission 27 thereof. 28 21. To develop administrative rules and administrative 29 hearing procedures which allow a minor, his or her attorney, 30 and his or her parents or guardian access to individually 31 identifiable juvenile records for the purpose of determining 32 or challenging the accuracy of the records. Final 33 administrative decisions shall be subject to the provisions 34 of the Administrative Review Law. HB1089 Engrossed -22- LRB9103987KSpr 1 22. To charge, collect, and receive fees or moneys 2 equivalent to the cost of providing Department of State 3 Police personnel, equipment, and services to local 4 governmental agencies when explicitly requested by a local 5 governmental agency and pursuant to an intergovernmental 6 agreement as provided by this Section, other State agencies, 7 and federal agencies, including but not limited to fees or 8 moneys equivalent to the cost of providing dispatching 9 services, radio and radar repair, and training to local 10 governmental agencies on such terms and conditions as in the 11 judgment of the Director are in the best interest of the 12 State; and to establish, charge, collect and receive fees or 13 moneys based on the cost of providing responses to requests 14 for criminal history record information pursuant to positive 15 identification and any Illinois or federal law authorizing 16 access to some aspect of such information and to prescribe 17 the form and manner for requesting and furnishing such 18 information to the requestor on such terms and conditions as 19 in the judgment of the Director are in the best interest of 20 the State, provided fees for requesting and furnishing 21 criminal history record information may be waived for 22 requests in the due administration of the criminal laws. The 23 Department may also charge, collect and receive fees or 24 moneys equivalent to the cost of providing electronic data 25 processing lines or related telecommunication services to 26 local governments, but only when such services can be 27 provided by the Department at a cost less than that 28 experienced by said local governments through other means. 29 All services provided by the Department shall be conducted 30 pursuant to contracts in accordance with the 31 Intergovernmental Cooperation Act, and all telecommunication 32 services shall be provided pursuant to the provisions of 33 Section 67.18 of this Code. 34 All fees received by the Department of State Police under HB1089 Engrossed -23- LRB9103987KSpr 1 this Act or the Illinois Uniform Conviction Information Act 2 shall be deposited in a special fund in the State Treasury to 3 be known as the State Police Services Fund. The money 4 deposited in the State Police Services Fund shall be 5 appropriated to the Department of State Police for expenses 6 of the Department of State Police. 7 Upon the completion of any audit of the Department of 8 State Police as prescribed by the Illinois State Auditing 9 Act, which audit includes an audit of the State Police 10 Services Fund, the Department of State Police shall make the 11 audit open to inspection by any interested person. 12 23. To exercise the powers and perform the duties which 13 have been vested in the Department of State Police by the 14 Intergovernmental Missing Child Recovery Act of 1984, and to 15 establish reasonable rules and regulations necessitated 16 thereby. 17 24. (a) To establish and maintain a statewide Law 18 Enforcement Agencies Data System (LEADS) for the purpose of 19 providing electronic access by authorized entities to 20 criminal justice data repositories and effecting an immediate 21 law enforcement response to reports of missing persons, 22 including lost, missing or runaway minors. The Department 23 shall implement an automatic data exchange system to compile, 24 to maintain and to make available to other law enforcement 25 agencies for immediate dissemination data which can assist 26 appropriate agencies in recovering missing persons and 27 provide access by authorized entities to various data 28 repositories available through LEADS for criminal justice and 29 related purposes. To assist the Department in this effort, 30 funds may be appropriated from the LEADS Maintenance Fund. 31 (b) In exercising its duties under this subsection, the 32 Department shall: 33 (1) provide a uniform reporting format for the 34 entry of pertinent information regarding the report of a HB1089 Engrossed -24- LRB9103987KSpr 1 missing person into LEADS; 2 (2) develop and implement a policy whereby a 3 statewide or regional alert would be used in situations 4 relating to the disappearances of individuals, based on 5 criteria and in a format established by the Department. 6 Such a format shall include, but not be limited to, the 7 age of the missing person and the suspected circumstance 8 of the disappearance; 9 (3) notify all law enforcement agencies that 10 reports of missing persons shall be entered as soon as 11 the minimum level of data specified by the Department is 12 available to the reporting agency, and that no waiting 13 period for the entry of such data exists; 14 (4) compile and retain information regarding lost, 15 abducted, missing or runaway minors in a separate data 16 file, in a manner that allows such information to be used 17 by law enforcement and other agencies deemed appropriate 18 by the Director, for investigative purposes. Such 19 information shall include the disposition of all reported 20 lost, abducted, missing or runaway minor cases; 21 (5) compile and maintain an historic data 22 repository relating to lost, abducted, missing or runaway 23 minors and other missing persons in order to develop and 24 improve techniques utilized by law enforcement agencies 25 when responding to reports of missing persons; and 26 (6) create a quality control program regarding 27 confirmation of missing person data, timeliness of 28 entries of missing person reports into LEADS and 29 performance audits of all entering agencies. 30 25. On request of a school board or regional 31 superintendent of schools, to conduct an inquiry pursuant to 32 Section 10-21.9 or 34-18.5 of the School Code to ascertain if 33 an applicant for employment in a school district has been 34 convicted of any criminal or drug offenses enumerated in HB1089 Engrossed -25- LRB9103987KSpr 1 Section 10-21.9 or 34-18.5 of the School Code. The 2 Department shall furnish such conviction information to the 3 President of the school board of the school district which 4 has requested the information, or if the information was 5 requested by the regional superintendent to that regional 6 superintendent. 7 26. To promulgate rules and regulations necessary for 8 the administration and enforcement of its powers and duties, 9 wherever granted and imposed, pursuant to the Illinois 10 Administrative Procedure Act. 11 27. To (a) promulgate rules pertaining to the 12 certification, revocation of certification and training of 13 law enforcement officers as electronic criminal surveillance 14 officers, (b) provide training and technical assistance to 15 State's Attorneys and local law enforcement agencies 16 pertaining to the interception of private oral 17 communications, (c) promulgate rules necessary for the 18 administration of Article 108B of the Code of Criminal 19 Procedure of 1963, including but not limited to standards for 20 recording and minimization of electronic criminal 21 surveillance intercepts, documentation required to be 22 maintained during an intercept, procedures in relation to 23 evidence developed by an intercept, and (d) charge a 24 reasonable fee to each law enforcement agency that sends 25 officers to receive training as electronic criminal 26 surveillance officers. 27 28. Upon the request of any private organization which 28 devotes a major portion of its time to the provision of 29 recreational, social, educational or child safety services to 30 children, to conduct, pursuant to positive identification, 31 criminal background investigations of all of that 32 organization's current employees, current volunteers, 33 prospective employees or prospective volunteers charged with 34 the care and custody of children during the provision of the HB1089 Engrossed -26- LRB9103987KSpr 1 organization's services, and to report to the requesting 2 organization any record of convictions maintained in the 3 Department's files about such persons. The Department shall 4 charge an application fee, based on actual costs, for the 5 dissemination of conviction information pursuant to this 6 subsection. The Department is empowered to establish this 7 fee and shall prescribe the form and manner for requesting 8 and furnishing conviction information pursuant to this 9 subsection. Information received by the organization from the 10 Department concerning an individual shall be provided to such 11 individual. Any such information obtained by the 12 organization shall be confidential and may not be transmitted 13 outside the organization and may not be transmitted to anyone 14 within the organization except as needed for the purpose of 15 evaluating the individual. Only information and standards 16 which bear a reasonable and rational relation to the 17 performance of child care shall be used by the organization. 18 Any employee of the Department or any member, employee or 19 volunteer of the organization receiving confidential 20 information under this subsection who gives or causes to be 21 given any confidential information concerning any criminal 22 convictions of an individual shall be guilty of a Class A 23 misdemeanor unless release of such information is authorized 24 by this subsection. 25 29. Upon the request of the Department of Children and 26 Family Services, to investigate reports of child abuse or 27 neglect. 28 30. To obtain registration of a fictitious vital record 29 pursuant to Section 15.1 of the Vital Records Act. 30 31. To collect and disseminate information relating to 31 "hate crimes" as defined under Section 12-7.1 of the Criminal 32 Code of 1961 contingent upon the availability of State or 33 Federal funds to revise and upgrade the Illinois Uniform 34 Crime Reporting System. All law enforcement agencies shall HB1089 Engrossed -27- LRB9103987KSpr 1 report monthly to the Department of State Police concerning 2 such offenses in such form and in such manner as may be 3 prescribed by rules and regulations adopted by the Department 4 of State Police. Such information shall be compiled by the 5 Department and be disseminated upon request to any local law 6 enforcement agency, unit of local government, or state 7 agency. Dissemination of such information shall be subject 8 to all confidentiality requirements otherwise imposed by law. 9 The Department of State Police shall provide training for 10 State Police officers in identifying, responding to, and 11 reporting all hate crimes. The Illinois Law Enforcement 12 Training Standards Board shall develop and certify a course 13 of such training to be made available to local law 14 enforcement officers. 15 32. Upon the request of a private carrier company that 16 provides transportation under Section 28b of the Metropolitan 17 Transit Authority Act, to ascertain if an applicant for a 18 driver position has been convicted of any criminal or drug 19 offense enumerated in Section 28b of the Metropolitan Transit 20 Authority Act. The Department shall furnish the conviction 21 information to the private carrier company that requested the 22 information. 23 33. To apply for grants or contracts, receive, expend, 24 allocate, or disburse funds and moneys made available by 25 public or private entities, including, but not limited to, 26 contracts, bequests, grants, or receiving equipment from 27 corporations, foundations, or public or private institutions 28 of higher learning. All funds received by the Department 29 from these sources shall be deposited into the appropriate 30 fund in the State Treasury to be appropriated to the 31 Department for purposes as indicated by the grantor or 32 contractor or, in the case of funds or moneys bequeathed or 33 granted for no specific purpose, for any purpose as deemed 34 appropriate by the Director in administering the HB1089 Engrossed -28- LRB9103987KSpr 1 responsibilities of the Department. 2 34. Upon the request of the Department of Children and 3 Family Services, the Department of State Police shall provide 4 properly designated employees of the Department of Children 5 and Family Services with criminal history record information 6 as defined in the Illinois Uniform Conviction Information Act 7 and information maintained in the Statewide Central Juvenile 8 record system as defined in subdivision (A)19 of this Section 9 if the Department of Children and Family Services determines 10 the information is necessary to perform its duties under the 11 Abused and Neglected Child Reporting Act, the Child Care Act 12 of 1969, and the Children and Family Services Act. The 13 request shall be in the form and manner specified by the 14 Department of State Police. 15 35. The Illinois Department of Public Aid is an 16 authorized entity under this Section for the purpose of 17 exchanging information, in the form and manner required by 18 the Department of State Police,obtaining access to various19data repositories available through LEADS,to facilitate the 20 location of individuals for establishing paternity, and 21 establishing, modifying, and enforcing child support 22 obligations, pursuant to the Illinois Public Aid Code and 23 Title IV, PartSectionD of the Social Security Act.The24Department shall enter into an agreement with the Illinois25Department of Public Aid consistent with these purposes.26 36. Upon request of the Department of Human Services, to 27 conduct an assessment and evaluation of sexually violent 28 persons as mandated by the Sexually Violent Persons 29 Commitment Act, the Department shall furnish criminal history 30 information maintained on the requested person. The request 31 shall be in the form and manner specified by the Department. 32 37. To provide training and continuing education to 33 State Police officers concerning cultural diversity, 34 including sensitivity toward racial and ethnic differences. HB1089 Engrossed -29- LRB9103987KSpr 1 This training and continuing education shall include, but not 2 be limited to, an emphasis on the fact that the primary 3 purpose of enforcement of the Illinois Vehicle Code is safety 4 and equal and uniform enforcement under the law. 5 (B) The Department of State Police may establish and 6 maintain, within the Department of State Police, a Statewide 7 Organized Criminal Gang Database (SWORD) for the purpose of 8 tracking organized criminal gangs and their memberships. 9 Information in the database may include, but not be limited 10 to, the name, last known address, birth date, physical 11 descriptions (such as scars, marks, or tattoos), officer 12 safety information, organized gang affiliation, and entering 13 agency identifier. The Department may develop, in 14 consultation with the Criminal Justice Information Authority, 15 and in a form and manner prescribed by the Department, an 16 automated data exchange system to compile, to maintain, and 17 to make this information electronically available to 18 prosecutors and to other law enforcement agencies. The 19 information may be used by authorized agencies to combat the 20 operations of organized criminal gangs statewide. 21 (C) The Department of State Police may ascertain the 22 number of bilingual police officers and other personnel 23 needed to provide services in a language other than English 24 and may establish, under applicable personnel rules and 25 Department guidelines or through a collective bargaining 26 agreement, a bilingual pay supplement program. 27 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 28 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 29 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised 30 1-21-99.) 31 Section 10. The Illinois Police Training Act is amended 32 by changing Section 7 as follows: HB1089 Engrossed -30- LRB9103987KSpr 1 (50 ILCS 705/7) (from Ch. 85, par. 507) 2 Sec. 7. Rules and standards for schools. The Board shall 3 adopt rules and minimum standards for such schools which 4 shall include but not be limited to the following: 5 a. The curriculum for probationary police officers which 6 shall be offered by all certified schools shall include but 7 not be limited to courses of arrest, search and seizure, 8 civil rights, human relations, cultural diversity, including 9 racial and ethnic sensitivity, criminal law, law of criminal 10 procedure, vehicle and traffic law including uniform and 11 non-discriminatory enforcement of the Illinois Vehicle Code, 12 traffic control and accident investigation, techniques of 13 obtaining physical evidence, court testimonies, statements, 14 reports, firearms training, first-aid (including 15 cardiopulmonary resuscitation), handling of juvenile 16 offenders, recognition of mental conditions which require 17 immediate assistance and methods to safeguard and provide 18 assistance to a person in need of mental treatment, law of 19 evidence, the hazards of high-speed police vehicle chases 20 with an emphasis on alternatives to the high-speed chase, and 21 physical training. The curriculum shall include specific 22 training in techniques for immediate response to and 23 investigation of cases of domestic violence and of sexual 24 assault of adults and children. The curriculum for permanent 25 police officers shall include but not be limited to (1) 26 refresher and in-service training in any of the courses 27 listed above in this subparagraph, (2) advanced courses in 28 any of the subjects listed above in this subparagraph, (3) 29 training for supervisory personnel, and (4) specialized 30 training in subjects and fields to be selected by the board. 31 b. Minimum courses of study, attendance requirements and 32 equipment requirements. 33 c. Minimum requirements for instructors. 34 d. Minimum basic training requirements, which a HB1089 Engrossed -31- LRB9103987KSpr 1 probationary police officer must satisfactorily complete 2 before being eligible for permanent employment as a local law 3 enforcement officer for a participating local governmental 4 agency. Those requirements shall include training in first 5 aid (including cardiopulmonary resuscitation). 6 e. Minimum basic training requirements, which a 7 probationary county corrections officer must satisfactorily 8 complete before being eligible for permanent employment as a 9 county corrections officer for a participating local 10 governmental agency. 11 f. Minimum basic training requirements which a 12 probationary court security officer must satisfactorily 13 complete before being eligible for permanent employment as a 14 court security officer for a participating local governmental 15 agency. The Board shall establish those training 16 requirements which it considers appropriate for court 17 security officers and shall certify schools to conduct that 18 training. 19 A person hired to serve as a court security officer must 20 obtain from the Board a certificate (i) attesting to his or 21 her successful completion of the training course; (ii) 22 attesting to his or her satisfactory completion of a training 23 program of similar content and number of hours that has been 24 found acceptable by the Board under the provisions of this 25 Act; or (iii) attesting to the Board's determination that the 26 training course is unnecessary because of the person's 27 extensive prior law enforcement experience. 28 Individuals who currently serve as court security 29 officers shall be deemed qualified to continue to serve in 30 that capacity so long as they are certified as provided by 31 this Act within 24 months of the effective date of this 32 amendatory Act of 1996. Failure to be so certified, absent a 33 waiver from the Board, shall cause the officer to forfeit his 34 or her position. HB1089 Engrossed -32- LRB9103987KSpr 1 All individuals hired as court security officers on or 2 after the effective date of this amendatory Act of 1996 shall 3 be certified within 12 months of the date of their hire, 4 unless a waiver has been obtained by the Board, or they shall 5 forfeit their positions. 6 The Sheriff's Merit Commission, if one exists, or the 7 Sheriff's Office if there is no Sheriff's Merit Commission, 8 shall maintain a list of all individuals who have filed 9 applications to become court security officers and who meet 10 the eligibility requirements established under this Act. 11 Either the Sheriff's Merit Commission, or the Sheriff's 12 Office if no Sheriff's Merit Commission exists, shall 13 establish a schedule of reasonable intervals for verification 14 of the applicants' qualifications under this Act and as 15 established by the Board. 16 (Source: P.A. 88-661, eff. 1-1-95; 89-685, eff. 6-1-97; 17 89-707, eff. 6-1-97.) 18 Section 15. The Illinois Vehicle Code is amended by 19 changing Section 12-603.1 as follows: 20 (625 ILCS 5/12-603.1) (from Ch. 95 1/2, par. 12-603.1) 21 Sec. 12-603.1. Driver and passenger required to use 22 safety belts, exceptions and penalty. 23 (a) Each driver and front seat passenger of a motor 24 vehicle operated on a street or highway in this State shall 25 wear a properly adjusted and fastened seat safety belt; 26 except that, a child less than 6 years of age shall be 27 protected as required pursuant to the Child Passenger 28 Protection Act. Each driver under the age of 18 years and 29 each of the driver's passengers under the age of 18 years of 30 a motor vehicle operated on a street or highway in this State 31 shall wear a properly adjusted and fastened seat safety belt. 32 Each driver of a motor vehicle transporting a child 6 years HB1089 Engrossed -33- LRB9103987KSpr 1 of age or more, but less than 16 years of age, in the front 2 seat of the motor vehicle shall secure the child in a 3 properly adjusted and fastened seat safety belt. 4 (b) Paragraph (a) shall not apply to any of the 5 following: 6 1. A driver or passenger frequently stopping and 7 leaving the vehicle or delivering property from the 8 vehicle, if the speed of the vehicle between stops does 9 not exceed 15 miles per hour. 10 2. A driver or passenger possessing a written 11 statement from a physician that such person is unable, 12 for medical or physical reasons, to wear a seat safety 13 belt. 14 3. A driver or passenger possessing an official 15 certificate or license endorsement issued by the 16 appropriate agency in another state or country indicating 17 that the driver is unable for medical, physical, or other 18 valid reasons to wear a seat safety belt. 19 4. A driver operating a motor vehicle in reverse. 20 5. A motor vehicle with a model year prior to 1965. 21 6. A motorcycle or motor driven cycle. 22 7. A motorized pedalcycle. 23 8. A motor vehicle which is not required to be 24 equipped with seat safety belts under federal law. 25 9. A motor vehicle operated by a rural letter 26 carrier of the United States postal service while 27 performing duties as a rural letter carrier. 28 (c) Failure to wear a seat safety belt in violation of 29 this Section shall not be considered evidence of negligence, 30 shall not limit the liability of an insurer, and shall not 31 diminish any recovery for damages arising out of the 32 ownership, maintenance, or operation of a motor vehicle. 33 (d) Before January 1, 2000, any person who is stopped by 34 any law enforcement officer solely on the basis of a HB1089 Engrossed -34- LRB9103987KSpr 1 violation of this Section shall receive only a verbal or 2 written warning from the law enforcement officer informing 3 the person that he or she has violated this Section. 4 A violation of this Section shall be a petty offense and 5 subject to a fine not to exceed $25. 6 From January 1, 2000 until 4 years after the effective 7 date of this amendatory Act of the 91st General Assembly, 8 whenever a State or local law enforcement officer issues a 9 uniform traffic citation or warning citation he or she shall 10 record on the face of the citation whether the violator is: 11 (1) Caucasian; 12 (2) African-American; 13 (3) Hispanic; or 14 (4) any other race or ethnicity. 15 After January 1, 2000, all citations produced for use by 16 State or local law enforcement officers shall contain on 17 their face a list of these racial and ethnic groups. 18 (e) Beginning 4 years after the effective date of this 19 amendatory Act of the 91st General Assembly, no motor 20 vehicle, or driver or passenger of such vehicle, shall be 21 stopped or searched by any law enforcement officer solely on 22 the basis of a violation or suspected violation of this 23 Section. 24 (f) To ensure uniform enforcement of this Code, the 25 Secretary of State shall conduct a study to determine whether 26 there is a pattern of discrimination in the enforcement of 27 this Code by the Department of State Police or by law 28 enforcement officers for a municipality with a population of 29 greater than 2,000,000. The Secretary of State shall compile 30 the information on race or ethnicity from all uniform traffic 31 citations and warning citations issued by the Department of 32 State Police and by law enforcement officers for a 33 municipality with a population of greater than 2,000,000. The 34 Secretary of State shall submit an annual report of his or HB1089 Engrossed -35- LRB9103987KSpr 1 her findings to the Governor and the General Assembly by May 2 1 of the years 2001, 2002, 2003, and 2004. 3 (Source: P.A. 90-369, eff. 1-1-98.) 4 Section 20. The Code of Criminal Procedure of 1963 is 5 amended by changing Section 108-1 as follows: 6 (725 ILCS 5/108-1) (from Ch. 38, par. 108-1) 7 Sec. 108-1. Search without warrant. (1) When a lawful 8 arrest is effected a peace officer may reasonably search the 9 person arrested and the area within such person's immediate 10 presence for the purpose of: 11 (a) Protecting the officer from attack; or 12 (b) Preventing the person from escaping; or 13 (c) Discovering the fruits of the crime; or 14 (d) Discovering any instruments, articles, or things 15 which may have been used in the commission of, or which may 16 constitute evidence of, an offense. 17 (2) Beginning 4 years after the effective date of this 18 amendatory Act of the 91st General Assembly, no motor 19 vehicle, or driver or passenger of such vehicle, shall be 20 stopped or searched by any law enforcement officer solely on 21 the basis of a violation or suspected violation of Section 22 12-603.1 of The Illinois Vehicle Code. 23 (Source: P.A. 85-291.) 24 Section 95. No acceleration or delay. Where this Act 25 makes changes in a statute that is represented in this Act by 26 text that is not yet or no longer in effect (for example, a 27 Section represented by multiple versions), the use of that 28 text does not accelerate or delay the taking effect of (i) 29 the changes made by this Act or (ii) provisions derived from 30 any other Public Act. HB1089 Engrossed -36- LRB9103987KSpr 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.