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Public Act 101-0266


 

Public Act 0266 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0266
 
HB2708 EnrolledLRB101 10075 SLF 55178 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 Sections 5 and 10 as follows:
 
    (50 ILCS 722/5)
    Sec. 5. Missing person reports.
    (a) Report acceptance. All law enforcement agencies shall
accept without delay any report of a missing person and may
attempt to obtain a DNA sample from the missing person or a DNA
reference sample created from family members' DNA samples for
submission under paragraph (1) of subsection (c) of Section 10.
Acceptance of a missing person report filed in person may not
be refused on any ground. No law enforcement agency may refuse
to accept a missing person report:
        (1) on the basis that the missing person is an adult;
        (2) on the basis that the circumstances do not indicate
    foul play;
        (3) on the basis that the person has been missing for a
    short period of time;
        (4) on the basis that the person has been missing a
    long period of time;
        (5) on the basis that there is no indication that the
    missing person was in the jurisdiction served by the law
    enforcement agency at the time of the disappearance;
        (6) on the basis that the circumstances suggest that
    the disappearance may be voluntary;
        (7) on the basis that the reporting individual does not
    have personal knowledge of the facts;
        (8) on the basis that the reporting individual cannot
    provide all of the information requested by the law
    enforcement agency;
        (9) on the basis that the reporting individual lacks a
    familial or other relationship with the missing person;
        (9-5) on the basis of the missing person's mental state
    or medical condition; or
        (10) for any other reason.
    (b) Manner of reporting. All law enforcement agencies shall
accept missing person reports in person. Law enforcement
agencies are encouraged to accept reports by phone or by
electronic or other media to the extent that such reporting is
consistent with law enforcement policies or practices.
    (c) Contents of report. In accepting a report of a missing
person, the law enforcement agency shall attempt to gather
relevant information relating to the disappearance. The law
enforcement agency shall attempt to gather at the time of the
report information that shall include, but shall not be limited
to, the following:
        (1) the name of the missing person, including
    alternative names used;
        (2) the missing person's date of birth;
        (3) the missing person's identifying marks, such as
    birthmarks, moles, tattoos, and scars;
        (4) the missing person's height and weight;
        (5) the missing person's gender;
        (6) the missing person's race;
        (7) the missing person's current hair color and true or
    natural hair color;
        (8) the missing person's eye color;
        (9) the missing person's prosthetics, surgical
    implants, or cosmetic implants;
        (10) the missing person's physical anomalies;
        (11) the missing person's blood type, if known;
        (12) the missing person's driver's license number, if
    known;
        (13) the missing person's social security number, if
    known;
        (14) a photograph of the missing person; recent
    photographs are preferable and the agency is encouraged to
    attempt to ascertain the approximate date the photograph
    was taken;
        (15) a description of the clothing the missing person
    was believed to be wearing;
        (16) a description of items that might be with the
    missing person, such as jewelry, accessories, and shoes or
    boots;
        (17) information on the missing person's electronic
    communications devices, such as cellular telephone numbers
    and e-mail addresses;
        (18) the reasons why the reporting individual believes
    that the person is missing;
        (19) the name and location of the missing person's
    school or employer, if known;
        (20) the name and location of the missing person's
    dentist or primary care physician or provider, or both, if
    known;
        (21) any circumstances that may indicate that the
    disappearance was not voluntary;
        (22) any circumstances that may indicate that the
    missing person may be at risk of injury or death;
        (23) a description of the possible means of
    transportation of the missing person, including make,
    model, color, license number, and Vehicle Identification
    Number of a vehicle;
        (24) any identifying information about a known or
    possible abductor or person last seen with the missing
    person, or both, including:
            (A) name;
            (B) a physical description;
            (C) date of birth;
            (D) identifying marks;
            (E) the description of possible means of
        transportation, including make, model, color, license
        number, and Vehicle Identification Number of a
        vehicle;
            (F) known associates;
        (25) any other information that may aid in locating the
    missing person; and
        (26) the date of last contact.
    (d) Notification and follow up action.
        (1) Notification. The law enforcement agency shall
    notify the person making the report, a family member, or
    other person in a position to assist the law enforcement
    agency in its efforts to locate the missing person of the
    following:
            (A) general information about the handling of the
        missing person case or about intended efforts in the
        case to the extent that the law enforcement agency
        determines that disclosure would not adversely affect
        its ability to locate or protect the missing person or
        to apprehend or prosecute any person criminally
        involved in the disappearance;
            (B) that the person should promptly contact the law
        enforcement agency if the missing person remains
        missing in order to provide additional information and
        materials that will aid in locating the missing person
        such as the missing person's credit cards, debit cards,
        banking information, and cellular telephone records;
        and
            (C) that any DNA samples provided for the missing
        person case are provided on a voluntary basis and will
        be used solely to help locate or identify the missing
        person and will not be used for any other purpose.
        The law enforcement agency, upon acceptance of a
    missing person report, shall inform the reporting citizen
    of one of 2 resources, based upon the age of the missing
    person. If the missing person is under 18 years of age,
    contact information for the National Center for Missing and
    Exploited Children shall be given. If the missing person is
    age 18 or older, contact information for the National
    Missing and Unidentified Persons System (NamUs)
    organization Center for Missing Adults shall be given.
        Agencies handling the remains of a missing person who
    is deceased must notify the agency handling the missing
    person's case. Documented efforts must be made to locate
    family members of the deceased person to inform them of the
    death and location of the remains of their family member.
        The law enforcement agency is encouraged to make
    available informational materials, through publications or
    electronic or other media, that advise the public about how
    the information or materials identified in this subsection
    are used to help locate or identify missing persons.
        (2) Follow up action. If the person identified in the
    missing person report remains missing after 30 days, but
    not more than 60 days, the law enforcement agency may
    generate a report of the missing person within the National
    Missing and Unidentified Persons System (NamUs), and the
    law enforcement agency may attempt to obtain the additional
    information and materials that have not been received,
    specified below and the additional information and
    materials specified below have not been received, the law
    enforcement agency shall attempt to obtain:
            (A) DNA samples from family members or from the
        missing person along with any needed documentation, or
        both, including any consent forms, required for the use
        of State or federal DNA databases, including, but not
        limited to, the Local DNA Index System (LDIS), State
        DNA Index System (SDIS), and National DNA Index System
        (NDIS), and National Missing and Unidentified Persons
        System (NamUs) partner laboratories;
            (B) an authorization to release dental or skeletal
        x-rays of the missing person;
            (C) any additional photographs of the missing
        person that may aid the investigation or an
        identification; the law enforcement agency is not
        required to obtain written authorization before it
        releases publicly any photograph that would aid in the
        investigation or identification of the missing person;
            (D) dental information and x-rays; and
            (E) fingerprints.
        (3) Samples collected for DNA analysis may be submitted
    to a National Missing and Unidentified Persons System
    (NamUs) partner laboratory or other resource where DNA
    profiles are entered into local, State, and national DNA
    Index Systems within 60 days All DNA samples obtained in
    missing person cases shall be immediately forwarded to the
    Department of State Police for analysis. The Department of
    State Police shall establish procedures for determining
    how to prioritize analysis of the samples relating to
    missing person cases. All DNA samples obtained in missing
    person cases from family members of the missing person may
    not be retained after the location or identification of the
    remains of the missing person unless there is a search
    warrant signed by a court of competent jurisdiction.
        (4) This subsection shall not be interpreted to
    preclude a law enforcement agency from attempting to obtain
    the materials identified in this subsection before the
    expiration of the 30-day period. The responsible law
    enforcement agency may make a National Missing and
    Unidentified Persons System (NamUs) report on the missing
    person within 60 days after the report of the disappearance
    of the missing person.
        (5) Law enforcement agencies are encouraged to
    establish written protocols for the handling of missing
    person cases to accomplish the purposes of this Act.
(Source: P.A. 99-244, eff. 1-1-16; 99-581, eff. 1-1-17.)
 
    (50 ILCS 722/10)
    Sec. 10. Law enforcement analysis and reporting of missing
person information.
    (a) Prompt determination and definition of a 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,
            including, but not limited to, a person having a
            developmental disability, as defined in Section
            1-106 of the Mental Health and Developmental
            Disabilities Code, or a person having an
            intellectual disability, as defined in Section
            1-116 of the Mental Health and Developmental
            Disabilities Code;
                (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;
            (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.
    (b) (2) Law enforcement risk assessment.
        (1) (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.
        (2) (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.
        (3) (C) Law enforcement agencies are encouraged to
    establish written protocols for the handling of missing
    person cases to accomplish the purposes of this Act.
    (c) Law enforcement reporting (3) Law enforcement agency
reports.
        (1) (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 and the National Missing and
    Unidentified Persons System (NamUs) within 45 days after
    the receipt of the report, or in the case of a high risk
    missing person, within 30 days after the receipt of the
    report. If the DNA sample submission is to a National
    Missing and Unidentified Persons System (NamUs) partner
    laboratory, the DNA profile may be uploaded by the partner
    laboratory to the National DNA Index System (NDIS). A
    packet submission of all relevant reports and DNA samples
    may be sent to the National Missing and Unidentified
    Persons System (NamUs) within 30 days for any high-risk
    missing person cases. The information shall be provided in
    accordance with applicable guidelines relating to the
    databases. The information shall be entered as follows:
            (A) If Department of State Police laboratories are
        utilized in lieu of National Missing and Unidentified
        Persons System (NamUs) partner laboratories, all (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. The responding local law
        enforcement agency may submit any DNA samples
        voluntarily obtained from family members to a National
        Missing and Unidentified Persons System (NamUs)
        partner laboratory for DNA analysis within 30 days. A
        notation of DNA submission may be made within the
        National Missing and Unidentified Persons System
        (NamUs) record.
            (B) (ii) Information relevant to the Federal
        Bureau of Investigation's Violent Criminal
        Apprehension Program shall be entered as soon as
        possible.
            (C) (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.
        (2) (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.
        (3) (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.
        (4) (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. 100-631, eff. 1-1-19; 100-662, eff. 1-1-19;
100-835, eff. 1-1-19; revised 9-28-18.)
 
    Section 99. Effective date. This Act takes effect January
1, 2021.

Effective Date: 1/1/2021