Public Act 097-0938
 
HB5023 EnrolledLRB097 15087 KTG 60182 b

    AN ACT concerning children.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. The State Finance Act is amended by changing
Section 6a-5 as follows:
 
    (30 ILCS 105/6a-5)  (from Ch. 127, par. 142a5)
    Sec. 6a-5. All moneys received by the Department of State
Police in the form of donations, monetary gifts, unexpended
grant funds of I-SEARCH Units under Section 5 of the
Intergovernmental Missing Child Recovery Act of 1984, or other
financial assistance from private sources or individuals for
the purposes of promoting and conducting programs or activities
for the prevention or recovery of missing or exploited children
shall be deposited into the Missing and Exploited Children
Trust Fund. The Department may use those funds for activities
or purposes to assist the Department in meeting its
responsibilities relating to the Intergovernmental Missing
Child Recovery Act of 1984, including the enforcement of laws
relating to child exploitation, the investigation and
prosecution of offenders of child exploitation laws, or for any
other activity or purpose that will aid in the prevention of
the exploitation of children or in the recovery of missing and
exploited children, as deemed necessary by the Department. All
monies expended by the Department shall be appropriated by the
General Assembly.
(Source: P.A. 87-888.)
 
    Section 3. The Abused and Neglected Child Reporting Act is
amended by changing Section 4.3 as follows:
 
    (325 ILCS 5/4.3)
    Sec. 4.3. DCFS duty to report. The Department shall report
the disappearance of any child under its custody or
guardianship to the local law enforcement agency working in
cooperation with the State Missing Persons Clearinghouse I
SEARCH Unit located nearest the last known whereabouts of the
child.
(Source: P.A. 90-27, eff. 1-1-98.)
 
    Section 5. The Intergovernmental Missing Child Recovery
Act of 1984 is amended by changing Sections 2, 3, 3.5, 7, and 8
as follows:
 
    (325 ILCS 40/2)  (from Ch. 23, par. 2252)
    Sec. 2. As used in this Act:
    (a) "Department" means the Department of State Police.
    (b) "Director" means the Director of the Department of
State Police.
    (c) "Unit of local government" is defined as in Article
VII, Section 1 of the Illinois Constitution and includes both
home rule units and units which are not home rule units. The
term is also defined to include all public school districts
subject to the provisions of the School Code.
    (d) "Child" means a person under 21 years of age.
    (e) A "LEADS terminal" is an interactive computerized
communication and processing unit which permits a direct
on-line communication with the Department of State Police's
central data repository, the Law Enforcement Agencies Data
System (LEADS).
    (f) A "primary contact agency" means a law enforcement
agency which maintains a LEADS terminal, or has immediate
access to one on a 24-hour-per-day, 7-day-per-week basis by
written agreement with another law enforcement agency, and is
designated by the I SEARCH policy board to be the agency
responsible for coordinating the joint efforts between the
Department of State Police and the I SEARCH program
participants.
    (g) (Blank) "Illinois State Enforcement Agencies to
Recover Children Unit" or "I SEARCH Unit" means a combination
of units of local government within a contiguous geographical
area served by one or more LEADS terminals and established to
collectively address the missing and exploited children
problem in their respective geographical areas.
    (h) "Missing child" means any person under 21 years of age
whose whereabouts are unknown to his or her parents or legal
guardian.
    (i) "Exploitation" means activities and actions which
include, but are not limited to, child pornography, aggravated
child pornography, child prostitution, child sexual abuse,
drug and substance abuse by children, and child suicide.
    (j) (Blank) "Participating agency" means a law enforcement
agency that does not receive State funding, but signs an
agreement of intergovernmental cooperation with the Department
to perform the duties of an I SEARCH Unit.
(Source: P.A. 96-1551, eff. 7-1-11.)
 
    (325 ILCS 40/3)  (from Ch. 23, par. 2253)
    Sec. 3. The Department shall establish a State Missing
Persons Clearinghouse as a resource Each I SEARCH unit shall be
established to promote an immediate and effective community
response to missing children and may engage in, but shall not
be limited to, the following activities:
    (a) To establish and conduct programs to educate parents,
children and communities in ways to prevent the abduction of
children.
    (b) To conduct training programs and distribute materials
providing guidelines for children when dealing with strangers,
casual acquaintances, or non-custodial parents, in order to
avoid abduction or kidnapping situations.
    (c) To compile, maintain and make available data upon the
request of law enforcement agencies and other entities deemed
appropriate by the Department to assist enforcement agencies in
recovering missing children, including but not limited to data
regarding the places of shelter commonly used by runaway
children in a requested geographical area the geographical area
encompassed by the I SEARCH Unit.
    (d) To draft and implement plans for the most efficient use
of available resources to publicize information regarding and
conduct searches for missing children.
    (e) To establish and maintain contacts with other state
missing persons clearinghouses I SEARCH Units, law enforcement
agencies, and missing persons non-profit organizations the
Department in order to increase the probability of locating and
returning missing children, and to otherwise assist in the
recovery and tracking of missing children.
    (f) To coordinate the tracking and recovery of children
under the custody or guardianship of the Department of Children
and Family Services whose disappearance has been reported and
to produce an annual report indicating the number of children
under the custody or guardianship of that Department who have
been reported missing and the number who have been recovered.
    (g) To conduct other activities as may be necessary to
achieve the goals established by this Act.
(Source: P.A. 90-27, eff. 1-1-98.)
 
    (325 ILCS 40/3.5)
    Sec. 3.5. Contact with Department of Children and Family
Services. For each child reported missing and entered into the
LEADS network as part of the I SEARCH program, the Department
shall, in the form and manner it determines, contact the
Department of Children and Family Services to provide it with
the name, age, and sex of the child, and the geographic area
from which the child was reported missing so that the
Department of Children and Family Services can determine if
that child had been abandoned within the previous 2 months.
(Source: P.A. 89-213, eff. 1-1-96.)
 
    (325 ILCS 40/7)  (from Ch. 23, par. 2257)
    Sec. 7. (a) All law enforcement agencies and policing
bodies of this State shall, upon receipt of a report of a
missing person, enter that report into LEADS as soon as the
minimum level of data specified pursuant to subsection (e) of
Section 6 is available and shall furnish the Department, in the
form and detail the Department requires, (1) reports of cases
of lost, missing or runaway children as they arise and the
disposition of such cases, (2) information relating to sex
crimes which occurred in their respective jurisdictions and
which they investigated, and (3) the names and addresses of sex
offenders required to register in their respective
jurisdictions under the Sex Offender Registration Act. Such
information shall be submitted on a regular basis, as deemed
necessary by the Department, and shall be kept in a central
automated data repository for the purpose of establishing
profiles of sex offenders and victims and to assist all law
enforcement agencies in the identification and apprehension of
sex offenders.
    (b) In addition to entering the report of a missing child
into LEADS as prescribed by subsection (a), all law enforcement
agencies shall, upon receipt of a report of a missing child:
        (1) Immediately make a radio dispatch to officers on
    duty at the time of receipt of the report. The dispatch
    shall contain the name and approximate age of the missing
    child and any other pertinent information available at that
    time. In the event that the law enforcement agency
    receiving the report of the missing child does not operate
    a radio dispatch system, a geographically appropriate
    radio dispatch system shall be used, such as the Illinois
    State Police Emergency Radio Network or a similar
    multi-agency law enforcement radio communication system
    serving the area of the reporting agency.
        In addition, in the event that a missing child is not
    recovered during the work shift in which the radio dispatch
    was made, the law enforcement agency receiving the report
    of the missing child shall disseminate the information
    relating to the missing child to all sworn personnel
    employed by the agency who work or are assigned to other
    shifts or time periods.
        (2) Immediately contact State Missing Persons
    Clearinghouse I-SEARCH program personnel designated by the
    Department, by a means and in a manner and form prescribed
    by the Department, informing the personnel of the report of
    the missing child.
(Source: P.A. 89-8, eff. 1-1-96.)
 
    (325 ILCS 40/8)  (from Ch. 23, par. 2258)
    Sec. 8. The Director shall report by June 30 December 31 of
each year to the Governor and the General Assembly on the
operations of the State Missing Persons Clearinghouse
statewide I SEARCH program including a breakdown of the
appropriation for the previous calendar year fiscal year
indicating the amount of the State grant each I SEARCH unit
received.
(Source: P.A. 85-214.)
 
    (325 ILCS 40/4 rep.)
    (325 ILCS 40/5 rep.)
    Section 10. The Intergovernmental Missing Child Recovery
Act of 1984 is amended by repealing Sections 4 and 5.
 
    Section 99. Effective date. This Act takes effect January
1, 2013.
INDEX
Statutes amended in order of appearance
    30 ILCS 105/6a-5from Ch. 127, par. 142a5
    325 ILCS 5/4.3
    325 ILCS 40/2from Ch. 23, par. 2252
    325 ILCS 40/3from Ch. 23, par. 2253
    325 ILCS 40/3.5
    325 ILCS 40/7from Ch. 23, par. 2257
    325 ILCS 40/8from Ch. 23, par. 2258
    325 ILCS 40/4 rep.
    325 ILCS 40/5 rep.

Effective Date: 1/1/2013