Illinois General Assembly - Full Text of Public Act 100-0631
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Public Act 100-0631


 

Public Act 0631 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0631
 
HB4212 EnrolledLRB100 15699 SLF 30801 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Missing Persons Identification Act is
amended by changing Section 10 as follows:
 
    (50 ILCS 722/10)
    Sec. 10. Law enforcement analysis and reporting of missing
person information.
    (a) Prompt determination of high-risk missing person.
        (1) Definition. "High-risk missing person" means a
    person whose whereabouts are not currently known and whose
    circumstances indicate that the person may be at risk of
    injury or death. The circumstances that indicate that a
    person is a high-risk missing person include, but are not
    limited to, any of the following:
            (A) the person is missing as a result of a stranger
        abduction;
            (B) the person is missing under suspicious
        circumstances;
            (C) the person is missing under unknown
        circumstances;
            (D) the person is missing under known dangerous
        circumstances;
            (E) the person is missing more than 30 days;
            (F) the person has already been designated as a
        high-risk missing person by another law enforcement
        agency;
            (G) there is evidence that the person is at risk
        because:
                (i) the person is in need of medical attention,
            including but not limited to persons with
            dementia-like symptoms, or prescription
            medication;
                (ii) the person does not have a pattern of
            running away or disappearing;
                (iii) the person may have been abducted by a
            non-custodial parent;
                (iv) the person is mentally impaired;
                (v) the person is under the age of 21;
                (vi) the person has been the subject of past
            threats or acts of violence;
                (vii) the person has eloped from a nursing
            home; or
            (G-5) the person is a veteran or active duty member
        of the United States Armed Forces, the National Guard,
        or any reserve component of the United States Armed
        Forces who is believed to have a physical or mental
        health condition that is related to his or her service;
        or
            (H) any other factor that may, in the judgment of
        the law enforcement official, indicate that the
        missing person may be at risk.
        (2) Law enforcement risk assessment.
            (A) Upon initial receipt of a missing person
        report, the law enforcement agency shall immediately
        determine whether there is a basis to determine that
        the missing person is a high-risk missing person.
            (B) If a law enforcement agency has previously
        determined that a missing person is not a high-risk
        missing person, but obtains new information, it shall
        immediately determine whether the information
        indicates that the missing person is a high-risk
        missing person.
            (C) Law enforcement agencies are encouraged to
        establish written protocols for the handling of
        missing person cases to accomplish the purposes of this
        Act.
        (3) Law enforcement agency reports.
            (A) The responding local law enforcement agency
        shall immediately enter all collected information
        relating to the missing person case in the Law
        Enforcement Agencies Data System (LEADS) and the
        National Crime Information Center (NCIC) databases.
        The information shall be provided in accordance with
        applicable guidelines relating to the databases. The
        information shall be entered as follows:
                (i) All appropriate DNA profiles, as
            determined by the Department of State Police,
            shall be uploaded into the missing person
            databases of the State DNA Index System (SDIS) and
            National DNA Index System (NDIS) after completion
            of the DNA analysis and other procedures required
            for database entry.
                (ii) Information relevant to the Federal
            Bureau of Investigation's Violent Criminal
            Apprehension Program shall be entered as soon as
            possible.
                (iii) The Department of State Police shall
            ensure that persons entering data relating to
            medical or dental records in State or federal
            databases are specifically trained to understand
            and correctly enter the information sought by
            these databases. The Department of State Police
            shall either use a person with specific expertise
            in medical or dental records for this purpose or
            consult with a chief medical examiner, forensic
            anthropologist, or odontologist to ensure the
            accuracy and completeness of information entered
            into the State and federal databases.
            (B) The Department of State Police shall
        immediately notify all law enforcement agencies within
        this State and the surrounding region of the
        information that will aid in the prompt location and
        safe return of the high-risk missing person.
            (C) The local law enforcement agencies that
        receive the notification from the Department of State
        Police shall notify officers to be on the lookout for
        the missing person or a suspected abductor.
            (D) Pursuant to any applicable State criteria,
        local law enforcement agencies shall also provide for
        the prompt use of an Amber Alert in cases involving
        abducted children; or use of the Endangered Missing
        Person Advisory in appropriate high risk cases.
(Source: P.A. 95-192, eff. 8-16-07; 96-149, eff. 1-1-10.)

Effective Date: 1/1/2019