State of Illinois
91st General Assembly
Public Acts

[ Home ]  [ ILCS ] [ Search ] [ Bottom ]
 [ Other General Assemblies ]

Public Act 91-0371

HB1224 Enrolled                                LRB9101685MWgc

    AN ACT to amend the Civil Administrative Code of Illinois
by changing Section 55a.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The Civil Administrative Code of Illinois is
amended by changing Section 55a as follows:

    (20 ILCS 2605/55a) (from Ch. 127, par. 55a)
    (Text of Section before amendment by P.A. 90-590)
    Sec. 55a. Powers and duties.
    (A)  The  Department  of  State  Police  shall  have  the
following powers and duties, and those set forth in  Sections
55a-1 through 55c:
    1.  To  exercise the rights, powers and duties which have
been vested in the Department of Public Safety by  the  State
Police Act.
    2.  To  exercise the rights, powers and duties which have
been vested in the Department of Public Safety by  the  State
Police Radio Act.
    3.  To  exercise the rights, powers and duties which have
been vested  in  the  Department  of  Public  Safety  by  the
Criminal Identification Act.
    4.  To (a) investigate the origins, activities, personnel
and  incidents of crime and the ways and means to redress the
victims  of  crimes,  and  study  the  impact,  if  any,   of
legislation  relative  to  the  effusion of crime and growing
crime rates, and enforce the  criminal  laws  of  this  State
related   thereto,   (b)  enforce  all  laws  regulating  the
production, sale, prescribing, manufacturing,  administering,
transporting,  having  in possession, dispensing, delivering,
distributing, or use of controlled substances  and  cannabis,
(c)   employ   skilled   experts,   scientists,  technicians,
investigators or otherwise specially qualified persons to aid
in preventing or detecting crime, apprehending criminals,  or
preparing  and  presenting  evidence  of  violations  of  the
criminal  laws of the State, (d) cooperate with the police of
cities, villages and incorporated towns, and with the  police
officers  of  any  county, in enforcing the laws of the State
and in making arrests and recovering property, (e)  apprehend
and  deliver up any person charged in this State or any other
State of the United States with  treason,  felony,  or  other
crime,  who has fled from justice and is found in this State,
and (f) conduct such other investigations as may be  provided
by law. Persons exercising these powers within the Department
are conservators of the peace and as such have all the powers
possessed  by  policemen  in cities and sheriffs, except that
they may exercise  such  powers  anywhere  in  the  State  in
cooperation  with  and  after  contact  with  the  local  law
enforcement   officials.   Such  persons  may  use  false  or
fictitious names in the performance  of  their  duties  under
this  paragraph, upon approval of the Director, and shall not
be subject to prosecution under the criminal  laws  for  such
use.
    5.  To:  (a)  be  a  central  repository and custodian of
criminal  statistics  for  the  State,  (b)  be   a   central
repository  for  criminal  history  record  information,  (c)
procure  and file for record such information as is necessary
and  helpful  to  plan  programs  of  crime  prevention,  law
enforcement and criminal justice, (d) procure  and  file  for
record  such  copies  of  fingerprints, as may be required by
law, (e) establish general and field crime laboratories,  (f)
register  and  file  for  record  such  information as may be
required  by  law  for  the  issuance  of   firearm   owner's
identification   cards,   (g)   employ  polygraph  operators,
laboratory technicians and other specially qualified  persons
to  aid  in  the identification of criminal activity, and (h)
undertake such other identification, information, laboratory,
statistical or registration activities as may be required  by
law.
    6.  To   (a)  acquire  and  operate  one  or  more  radio
broadcasting stations in the State  to  be  used  for  police
purposes,  (b)  operate a statewide communications network to
gather  and  disseminate  information  for  law   enforcement
agencies,  (c)  operate  an  electronic  data  processing and
computer  center  for  the  storage  and  retrieval  of  data
pertaining to criminal activity, and (d) undertake such other
communication activities as may be required by law.
    7.  To provide, as may be required by law, assistance  to
local   law   enforcement   agencies  through  (a)  training,
management and consultant services for local law  enforcement
agencies, and (b) the pursuit of research and the publication
of studies pertaining to local law enforcement activities.
    8.  To  exercise the rights, powers and duties which have
been vested  in  the  Department  of  State  Police  and  the
Director  of  the  Department of State Police by the Narcotic
Control Division Abolition Act.
    9.  To exercise the rights, powers and duties which  have
been  vested  in  the  Department  of  Public  Safety  by the
Illinois Vehicle Code.
    10.  To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the Firearm
Owners Identification Card Act.
    11.  To  enforce  and  administer  such  other  laws   in
relation   to  law  enforcement  as  may  be  vested  in  the
Department.
    12.  To transfer jurisdiction  of  any  realty  title  to
which  is  held by the State of Illinois under the control of
the  Department  to  any  other  department  of   the   State
government  or  to the State Employees Housing Commission, or
to acquire  or  accept  Federal  land,  when  such  transfer,
acquisition or acceptance is advantageous to the State and is
approved in writing by the Governor.
    13.  With  the written approval of the Governor, to enter
into agreements with other departments created by  this  Act,
for the furlough of inmates of the penitentiary to such other
departments   for   their  use  in  research  programs  being
conducted by them.
    For  the  purpose  of  participating  in  such   research
projects,  the  Department  may  extend  the  limits  of  any
inmate's place of confinement, when there is reasonable cause
to  believe  that  the  inmate will honor his or her trust by
authorizing the inmate, under prescribed conditions, to leave
the confines of the place unaccompanied by a custodial  agent
of  the Department. The Department shall make rules governing
the transfer of the inmate to the requesting other department
having the approved research project, and the return of  such
inmate  to  the unextended confines of the penitentiary. Such
transfer shall be made only with the consent of the inmate.
    The willful failure of a prisoner to  remain  within  the
extended limits of his or her confinement or to return within
the  time  or  manner  prescribed to the place of confinement
designated by the Department in granting such extension shall
be deemed an  escape  from  custody  of  the  Department  and
punishable  as  provided in Section 3-6-4 of the Unified Code
of Corrections.
    14.  To provide investigative services, with all  of  the
powers  possessed by policemen in cities and sheriffs, in and
around all race tracks subject to the  Horse  Racing  Act  of
1975.
    15.  To  expend such sums as the Director deems necessary
from Contractual Services appropriations for the Division  of
Criminal  Investigation  for the purchase of evidence and for
the employment of persons to obtain evidence. Such sums shall
be advanced to agents authorized by the  Director  to  expend
funds, on vouchers signed by the Director.
    16.  To  assist  victims  and  witnesses  in  gang  crime
prosecutions through the administration of funds appropriated
from  the  Gang  Violence  Victims  and Witnesses Fund to the
Department.   Such  funds  shall  be  appropriated   to   the
Department  and  shall  only  be  used  to assist victims and
witnesses in gang crime prosecutions and such assistance  may
include any of the following:
         (a)  temporary living costs;
         (b)  moving expenses;
         (c)  closing costs on the sale of private residence;
         (d)  first month's rent;
         (e)  security deposits;
         (f)  apartment location assistance;
         (g)  other  expenses  which the Department considers
    appropriate; and
         (h)  compensation for any loss of or injury to  real
    or  personal  property  resulting  from a gang crime to a
    maximum of $5,000, subject to the following provisions:
              (1)  in the  case  of  loss  of  property,  the
         amount  of  compensation  shall  be  measured by the
         replacement cost of similar or like  property  which
         has  been  incurred by and which is substantiated by
         the property owner,
              (2)  in the case of  injury  to  property,  the
         amount of compensation shall be measured by the cost
         of repair incurred and which can be substantiated by
         the property owner,
              (3)  compensation  under  this  provision  is a
         secondary  source  of  compensation  and  shall   be
         reduced  by  any  amount the property owner receives
         from any other source as compensation for  the  loss
         or  injury,  including, but not limited to, personal
         insurance coverage,
              (4)  no compensation  may  be  awarded  if  the
         property  owner  was an offender or an accomplice of
         the offender, or if the award would unjustly benefit
         the offender or offenders, or an accomplice  of  the
         offender or offenders.
    No victim or witness may receive such assistance if he or
she  is  not  a  part  of  or fails to fully cooperate in the
prosecution  of  gang  crime  members  by   law   enforcement
authorities.
    The  Department  shall promulgate any rules necessary for
the implementation of this amendatory Act of 1985.
    17.  To conduct arson investigations.
    18.  To develop a separate statewide  statistical  police
contact  record  keeping  system  for  the  study of juvenile
delinquency. The records of this police contact system  shall
be  limited  to  statistical  information.   No  individually
identifiable  information  shall  be maintained in the police
contact statistical record system.
    19.  To develop a separate statewide central adjudicatory
and dispositional records system for persons under  19  years
of  age  who  have  been adjudicated delinquent minors and to
make information available to local registered  participating
police  youth  officers so that police youth officers will be
able to obtain rapid access to the juvenile's background from
other jurisdictions to the end that the police youth officers
can make appropriate dispositions which will best  serve  the
interest   of  the  child  and  the  community.   Information
maintained  in  the  adjudicatory  and  dispositional  record
system shall be limited to  the  incidents  or  offenses  for
which  the minor was adjudicated delinquent by a court, and a
copy of the court's dispositional  order.   All  individually
identifiable  records  in  the adjudicatory and dispositional
records system shall be destroyed when the person reaches  19
years of age.
    20.  To develop rules which guarantee the confidentiality
of    such   individually   identifiable   adjudicatory   and
dispositional records except when used for the following:
         (a)  by authorized juvenile court personnel  or  the
    State's Attorney in connection with proceedings under the
    Juvenile Court Act of 1987; or
         (b)  inquiries    from   registered   police   youth
    officers.
    For the purposes of this Act "police youth officer" means
a member of a  duly  organized  State,  county  or  municipal
police  force  who  is assigned by his or her Superintendent,
Sheriff or chief of police, as the case may be, to specialize
in youth problems.
    21.  To develop administrative rules  and  administrative
hearing  procedures which allow a minor, his or her attorney,
and his or her parents or  guardian  access  to  individually
identifiable  adjudicatory  and dispositional records for the
purpose of determining or challenging  the  accuracy  of  the
records.  Final  administrative decisions shall be subject to
the provisions of the Administrative Review Law.
    22.  To charge,  collect,  and  receive  fees  or  moneys
equivalent  to  the  cost  of  providing  Department of State
Police  personnel,   equipment,   and   services   to   local
governmental  agencies  when  explicitly requested by a local
governmental agency  and  pursuant  to  an  intergovernmental
agreement  as provided by this Section, other State agencies,
and federal agencies, including but not limited  to  fees  or
moneys  equivalent  to  the  cost  of  providing  dispatching
services,  radio  and  radar  repair,  and  training to local
governmental agencies on such terms and conditions as in  the
judgment  of  the  Director  are  in the best interest of the
State; and to establish, charge, collect and receive fees  or
moneys  based  on the cost of providing responses to requests
for criminal history record information pursuant to  positive
identification  and  any  Illinois or federal law authorizing
access to some aspect of such information  and  to  prescribe
the  form  and  manner  for  requesting  and  furnishing such
information to the requestor on such terms and conditions  as
in  the  judgment of the Director are in the best interest of
the  State,  provided  fees  for  requesting  and  furnishing
criminal  history  record  information  may  be  waived   for
requests  in the due administration of the criminal laws. The
Department may also  charge,  collect  and  receive  fees  or
moneys  equivalent  to  the cost of providing electronic data
processing lines or  related  telecommunication  services  to
local  governments,  but  only  when  such  services  can  be
provided   by  the  Department  at  a  cost  less  than  that
experienced by said local governments  through  other  means.
All  services  provided  by the Department shall be conducted
pursuant   to    contracts    in    accordance    with    the
Intergovernmental  Cooperation Act, and all telecommunication
services shall be provided  pursuant  to  the  provisions  of
Section 67.18 of this Code.
    All fees received by the Department of State Police under
this  Act  or the Illinois Uniform Conviction Information Act
shall be deposited in a special fund in the State Treasury to
be known  as  the  State  Police  Services  Fund.  The  money
deposited   in  the  State  Police  Services  Fund  shall  be
appropriated to the Department of State Police  for  expenses
of the Department of State Police.
    Upon  the  completion  of  any audit of the Department of
State Police as prescribed by  the  Illinois  State  Auditing
Act,  which  audit  includes  an  audit  of  the State Police
Services Fund, the Department of State Police shall make  the
audit open to inspection by any interested person.
    23.  To  exercise the powers and perform the duties which
have been vested in the Department of  State  Police  by  the
Intergovernmental  Missing Child Recovery Act of 1984, and to
establish  reasonable  rules  and  regulations   necessitated
thereby.
    24. (a)  To   establish  and  maintain  a  statewide  Law
Enforcement Agencies Data System (LEADS) for the  purpose  of
providing   electronic   access  by  authorized  entities  to
criminal justice data repositories and effecting an immediate
law enforcement  response  to  reports  of  missing  persons,
including  lost,  missing  or runaway minors.  The Department
shall implement an automatic data exchange system to compile,
to maintain and to make available to  other  law  enforcement
agencies  for  immediate  dissemination data which can assist
appropriate  agencies  in  recovering  missing  persons   and
provide   access  by  authorized  entities  to  various  data
repositories available through LEADS for criminal justice and
related purposes.  To assist the Department in  this  effort,
funds may be appropriated from the LEADS Maintenance Fund.
    (b)  In  exercising its duties under this subsection, the
Department shall:
         (1)  provide a  uniform  reporting  format  for  the
    entry  of pertinent information regarding the report of a
    missing person into LEADS;
         (2)  develop  and  implement  a  policy  whereby   a
    statewide  or  regional alert would be used in situations
    relating to the disappearances of individuals,  based  on
    criteria  and  in a format established by the Department.
    Such a format shall include, but not be limited  to,  the
    age  of the missing person and the suspected circumstance
    of the disappearance;
         (3)  notify  all  law  enforcement   agencies   that
    reports  of  missing  persons shall be entered as soon as
    the minimum level of data specified by the Department  is
    available  to  the  reporting agency, and that no waiting
    period for the entry of such data exists;
         (4)  compile and retain information regarding  lost,
    abducted,  missing  or  runaway minors in a separate data
    file, in a manner that allows such information to be used
    by law enforcement and other agencies deemed  appropriate
    by   the  Director,  for  investigative  purposes.   Such
    information shall include the disposition of all reported
    lost, abducted, missing or runaway minor cases;
         (5)  compile   and   maintain   an   historic   data
    repository relating to lost, abducted, missing or runaway
    minors and other missing persons in order to develop  and
    improve  techniques  utilized by law enforcement agencies
    when responding to reports of missing persons; and
         (6)  create  a  quality  control  program  regarding
    confirmation  of  missing  person  data,  timeliness   of
    entries   of   missing  person  reports  into  LEADS  and
    performance audits of all entering agencies.
    25.  On  request  of   a   school   board   or   regional
superintendent  of schools, to conduct an inquiry pursuant to
Section 10-21.9 or 34-18.5 of the School Code to ascertain if
an applicant for employment in a  school  district  has  been
convicted  of  any  criminal  or  drug offenses enumerated in
Section  10-21.9  or  34-18.5  of  the  School   Code.    The
Department  shall  furnish such conviction information to the
President of the school board of the  school  district  which
has  requested  the  information,  or  if the information was
requested by the regional  superintendent  to  that  regional
superintendent.
    26.  To  promulgate  rules  and regulations necessary for
the administration and enforcement of its powers and  duties,
wherever  granted  and  imposed,  pursuant  to  the  Illinois
Administrative Procedure Act.
    27.  To   (a)   promulgate   rules   pertaining   to  the
certification, revocation of certification  and  training  of
law  enforcement officers as electronic criminal surveillance
officers, (b) provide training and  technical  assistance  to
State's   Attorneys   and   local  law  enforcement  agencies
pertaining   to   the   interception    of    private    oral
communications,   (c)  promulgate  rules  necessary  for  the
administration of  Article  108B  of  the  Code  of  Criminal
Procedure of 1963, including but not limited to standards for
recording    and    minimization   of   electronic   criminal
surveillance  intercepts,  documentation   required   to   be
maintained  during  an  intercept,  procedures in relation to
evidence  developed  by  an  intercept,  and  (d)  charge   a
reasonable  fee  to  each  law  enforcement agency that sends
officers  to  receive   training   as   electronic   criminal
surveillance officers.
    28.  Upon  the  request of any private organization which
devotes a major portion of  its  time  to  the  provision  of
recreational, social, educational or child safety services to
children,  to  conduct,  pursuant to positive identification,
criminal   background   investigations   of   all   of   that
organization's   current   employees,   current   volunteers,
prospective employees or prospective volunteers charged  with
the  care and custody of children during the provision of the
organization's services, and  to  report  to  the  requesting
organization  any  record  of  convictions  maintained in the
Department's files about such persons.  The Department  shall
charge  an  application  fee,  based on actual costs, for the
dissemination of  conviction  information  pursuant  to  this
subsection.   The  Department  is empowered to establish this
fee and shall prescribe the form and  manner  for  requesting
and   furnishing  conviction  information  pursuant  to  this
subsection. Information received by the organization from the
Department concerning an individual shall be provided to such
individual.    Any   such   information   obtained   by   the
organization shall be confidential and may not be transmitted
outside the organization and may not be transmitted to anyone
within the organization except as needed for the  purpose  of
evaluating  the  individual.  Only  information and standards
which  bear  a  reasonable  and  rational  relation  to   the
performance  of child care shall be used by the organization.
Any employee of the Department or  any  member,  employee  or
volunteer   of   the   organization   receiving  confidential
information under this subsection who gives or causes  to  be
given  any  confidential  information concerning any criminal
convictions of an individual shall be guilty  of  a  Class  A
misdemeanor  unless release of such information is authorized
by this subsection.
    29.  Upon the request of the Department of  Children  and
Family  Services,  to  investigate  reports of child abuse or
neglect.
    30.  To obtain registration of a fictitious vital  record
pursuant to Section 15.1 of the Vital Records Act.
    31.  To  collect  and disseminate information relating to
"hate crimes" as defined under Section 12-7.1 of the Criminal
Code of 1961 contingent upon the  availability  of  State  or
Federal  funds  to  revise  and  upgrade the Illinois Uniform
Crime Reporting System.  All law enforcement  agencies  shall
report  monthly  to the Department of State Police concerning
such offenses in such form and  in  such  manner  as  may  be
prescribed by rules and regulations adopted by the Department
of  State  Police.  Such information shall be compiled by the
Department and be disseminated upon request to any local  law
enforcement  agency,  unit  of  local  government,  or  state
agency.   Dissemination  of such information shall be subject
to all confidentiality requirements otherwise imposed by law.
The Department of State Police  shall  provide  training  for
State  Police  officers  in  identifying,  responding to, and
reporting all hate crimes. The  Illinois  Local  Governmental
Law  Enforcement  Officer's  Training  Standards  Board shall
develop and certify a course of  such  training  to  be  made
available to local law enforcement officers.
    32.  Upon  the  request of a private carrier company that
provides transportation under Section 28b of the Metropolitan
Transit Authority Act, to ascertain if  an  applicant  for  a
driver  position  has  been convicted of any criminal or drug
offense enumerated in Section 28b of the Metropolitan Transit
Authority Act.  The Department shall furnish  the  conviction
information to the private carrier company that requested the
information.
    33.  To  apply  for grants or contracts, receive, expend,
allocate, or disburse funds  and  moneys  made  available  by
public  or  private  entities, including, but not limited to,
contracts, bequests,  grants,  or  receiving  equipment  from
corporations,  foundations, or public or private institutions
of higher learning.  All funds  received  by  the  Department
from  these  sources  shall be deposited into the appropriate
fund  in  the  State  Treasury  to  be  appropriated  to  the
Department for  purposes  as  indicated  by  the  grantor  or
contractor  or,  in the case of funds or moneys bequeathed or
granted for no specific purpose, for any  purpose  as  deemed
appropriate    by   the   Director   in   administering   the
responsibilities of the Department.
    34.  Upon the request of the Department of  Children  and
Family Services, the Department of State Police shall provide
properly  designated  employees of the Department of Children
and Family Services with criminal history record  information
as defined in the Illinois Uniform Conviction Information Act
and   information   maintained   in   the   adjudicatory  and
dispositional record system as defined in  subdivision  (A)19
of  this  Section  if  the  Department of Children and Family
Services determines the information is necessary  to  perform
its  duties  under  the  Abused and Neglected Child Reporting
Act, the Child Care Act of 1969, and the Children and  Family
Services  Act.   The  request shall be in the form and manner
specified by the Department of State Police.
    35.  The  Illinois  Department  of  Public  Aid   is   an
authorized  entity  under  this  Section  for  the purpose of
obtaining  access  to  various  data  repositories  available
through LEADS, to facilitate the location of individuals  for
establishing  paternity,  and  establishing,  modifying,  and
enforcing child support obligations, pursuant to the Illinois
Public  Aid  Code and Title IV, Part D of the Social Security
Act.  The Department shall enter into an agreement  with  the
Illinois  Department  of  Public  Aid  consistent  with these
purposes.
    36.  Upon request of the Department of Human Services, to
conduct an assessment  and  evaluation  of  sexually  violent
persons   as   mandated   by  the  Sexually  Violent  Persons
Commitment Act, the Department shall furnish criminal history
information maintained on the requested person.  The  request
shall be in the form and manner specified by the Department.
    37.  Upon  the  request  of the chief of a volunteer fire
department, the Department shall conduct criminal  background
investigations  of prospective firefighters and report to the
requesting chief any record of convictions maintained in  the
Department's  files  about those persons.  The Department may
charge a fee, based on actual costs, for the dissemination of
conviction information under this paragraph.  The  Department
may   prescribe  the  form  and  manner  for  requesting  and
furnishing conviction information under this paragraph.
    (B)  The Department of State  Police  may  establish  and
maintain,  within the Department of State Police, a Statewide
Organized Criminal Gang Database (SWORD) for the  purpose  of
tracking  organized  criminal  gangs  and  their memberships.
Information in the database may include, but not  be  limited
to,  the  name,  last  known  address,  birth  date, physical
descriptions (such as  scars,  marks,  or  tattoos),  officer
safety  information, organized gang affiliation, and entering
agency  identifier.    The   Department   may   develop,   in
consultation with the Criminal Justice Information Authority,
and  in  a  form  and manner prescribed by the Department, an
automated data exchange system to compile, to  maintain,  and
to   make   this   information  electronically  available  to
prosecutors and  to  other  law  enforcement  agencies.   The
information  may be used by authorized agencies to combat the
operations of organized criminal gangs statewide.
    (C)  The Department of State  Police  may  ascertain  the
number  of  bilingual  police  officers  and  other personnel
needed to provide services in a language other  than  English
and  may  establish,  under  applicable  personnel  rules and
Department guidelines  or  through  a  collective  bargaining
agreement, a bilingual pay supplement program.
(Source:  P.A.  89-54,  eff.  6-30-95;  90-18,  eff.  7-1-97;
90-130,  eff.  1-1-98;  90-372,  eff.  7-1-98;  90-655,  eff.
7-30-98; 90-793, eff. 8-14-98; revised 10-6-98.)

    (Text of Section after amendment by P.A. 90-590)
    Sec. 55a. Powers and duties.
    (A)  The  Department  of  State  Police  shall  have  the
following  powers and duties, and those set forth in Sections
55a-1 through 55c:
    1.  To exercise the rights, powers and duties which  have
been  vested  in the Department of Public Safety by the State
Police Act.
    2.  To exercise the rights, powers and duties which  have
been  vested  in the Department of Public Safety by the State
Police Radio Act.
    3.  To exercise the rights, powers and duties which  have
been  vested  in  the  Department  of  Public  Safety  by the
Criminal Identification Act.
    4.  To (a) investigate the origins, activities, personnel
and incidents of crime and the ways and means to redress  the
victims   of  crimes,  and  study  the  impact,  if  any,  of
legislation relative to the effusion  of  crime  and  growing
crime  rates,  and  enforce  the  criminal laws of this State
related  thereto,  (b)  enforce  all  laws   regulating   the
production,  sale, prescribing, manufacturing, administering,
transporting, having in possession,  dispensing,  delivering,
distributing,  or  use of controlled substances and cannabis,
(c)  employ   skilled   experts,   scientists,   technicians,
investigators or otherwise specially qualified persons to aid
in  preventing or detecting crime, apprehending criminals, or
preparing  and  presenting  evidence  of  violations  of  the
criminal laws of the State, (d) cooperate with the police  of
cities,  villages and incorporated towns, and with the police
officers of any county, in enforcing the laws  of  the  State
and  in making arrests and recovering property, (e) apprehend
and deliver up any person charged in this State or any  other
State  of  the  United  States with treason, felony, or other
crime, who has fled from justice and is found in this  State,
and  (f) conduct such other investigations as may be provided
by law. Persons exercising these powers within the Department
are conservators of the peace and as such have all the powers
possessed by policemen in cities and  sheriffs,  except  that
they  may  exercise  such  powers  anywhere  in  the State in
cooperation  with  and  after  contact  with  the  local  law
enforcement  officials.  Such  persons  may  use   false   or
fictitious  names  in  the  performance of their duties under
this paragraph, upon approval of the Director, and shall  not
be  subject  to  prosecution under the criminal laws for such
use.
    5.  To: (a) be a  central  repository  and  custodian  of
criminal   statistics   for  the  State,  (b)  be  a  central
repository  for  criminal  history  record  information,  (c)
procure and file for record such information as is  necessary
and  helpful  to  plan  programs  of  crime  prevention,  law
enforcement  and  criminal  justice, (d) procure and file for
record such copies of fingerprints, as  may  be  required  by
law,  (e) establish general and field crime laboratories, (f)
register and file for  record  such  information  as  may  be
required   by   law  for  the  issuance  of  firearm  owner's
identification  cards,  (g)   employ   polygraph   operators,
laboratory  technicians and other specially qualified persons
to aid in the identification of criminal  activity,  and  (h)
undertake such other identification, information, laboratory,
statistical  or registration activities as may be required by
law.
    6.  To  (a)  acquire  and  operate  one  or  more   radio
broadcasting  stations  in  the  State  to be used for police
purposes, (b) operate a statewide communications  network  to
gather   and  disseminate  information  for  law  enforcement
agencies, (c)  operate  an  electronic  data  processing  and
computer  center  for  the  storage  and  retrieval  of  data
pertaining to criminal activity, and (d) undertake such other
communication activities as may be required by law.
    7.  To  provide, as may be required by law, assistance to
local  law  enforcement  agencies   through   (a)   training,
management  and consultant services for local law enforcement
agencies, and (b) the pursuit of research and the publication
of studies pertaining to local law enforcement activities.
    8.  To exercise the rights, powers and duties which  have
been  vested  in  the  Department  of  State  Police  and the
Director of the Department of State Police  by  the  Narcotic
Control Division Abolition Act.
    9.  To  exercise the rights, powers and duties which have
been vested  in  the  Department  of  Public  Safety  by  the
Illinois Vehicle Code.
    10.  To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the Firearm
Owners Identification Card Act.
    11.  To   enforce  and  administer  such  other  laws  in
relation  to  law  enforcement  as  may  be  vested  in   the
Department.
    12.  To  transfer  jurisdiction  of  any  realty title to
which is held by the State of Illinois under the  control  of
the   Department   to  any  other  department  of  the  State
government or to the State Employees Housing  Commission,  or
to  acquire  or  accept  Federal  land,  when  such transfer,
acquisition or acceptance is advantageous to the State and is
approved in writing by the Governor.
    13.  With the written approval of the Governor, to  enter
into  agreements  with other departments created by this Act,
for the furlough of inmates of the penitentiary to such other
departments  for  their  use  in  research   programs   being
conducted by them.
    For   the  purpose  of  participating  in  such  research
projects,  the  Department  may  extend  the  limits  of  any
inmate's place of confinement, when there is reasonable cause
to believe that the inmate will honor his  or  her  trust  by
authorizing the inmate, under prescribed conditions, to leave
the  confines of the place unaccompanied by a custodial agent
of the Department. The Department shall make rules  governing
the transfer of the inmate to the requesting other department
having  the approved research project, and the return of such
inmate to the unextended confines of the  penitentiary.  Such
transfer shall be made only with the consent of the inmate.
    The  willful  failure  of a prisoner to remain within the
extended limits of his or her confinement or to return within
the time or manner prescribed to  the  place  of  confinement
designated by the Department in granting such extension shall
be  deemed  an  escape  from  custody  of  the Department and
punishable as provided in Section 3-6-4 of the  Unified  Code
of Corrections.
    14.  To  provide  investigative services, with all of the
powers possessed by policemen in cities and sheriffs, in  and
around  all  race  tracks  subject to the Horse Racing Act of
1975.
    15.  To expend such sums as the Director deems  necessary
from  Contractual Services appropriations for the Division of
Criminal Investigation for the purchase of evidence  and  for
the employment of persons to obtain evidence. Such sums shall
be  advanced  to  agents authorized by the Director to expend
funds, on vouchers signed by the Director.
    16.  To  assist  victims  and  witnesses  in  gang  crime
prosecutions through the administration of funds appropriated
from the Gang Violence Victims  and  Witnesses  Fund  to  the
Department.    Such   funds  shall  be  appropriated  to  the
Department and shall only  be  used  to  assist  victims  and
witnesses  in gang crime prosecutions and such assistance may
include any of the following:
         (a)  temporary living costs;
         (b)  moving expenses;
         (c)  closing costs on the sale of private residence;
         (d)  first month's rent;
         (e)  security deposits;
         (f)  apartment location assistance;
         (g)  other expenses which the  Department  considers
    appropriate; and
         (h)  compensation  for any loss of or injury to real
    or personal property resulting from a  gang  crime  to  a
    maximum of $5,000, subject to the following provisions:
              (1)  in  the  case  of  loss  of  property, the
         amount of compensation  shall  be  measured  by  the
         replacement  cost  of similar or like property which
         has been incurred by and which is  substantiated  by
         the property owner,
              (2)  in  the  case  of  injury to property, the
         amount of compensation shall be measured by the cost
         of repair incurred and which can be substantiated by
         the property owner,
              (3)  compensation under  this  provision  is  a
         secondary   source  of  compensation  and  shall  be
         reduced by any amount the  property  owner  receives
         from  any  other source as compensation for the loss
         or injury, including, but not limited  to,  personal
         insurance coverage,
              (4)  no  compensation  may  be  awarded  if the
         property owner was an offender or an  accomplice  of
         the offender, or if the award would unjustly benefit
         the  offender  or offenders, or an accomplice of the
         offender or offenders.
    No victim or witness may receive such assistance if he or
she is not a part of or  fails  to  fully  cooperate  in  the
prosecution   of   gang  crime  members  by  law  enforcement
authorities.
    The Department shall promulgate any rules  necessary  for
the implementation of this amendatory Act of 1985.
    17.  To conduct arson investigations.
    18.  To  develop  a separate statewide statistical police
contact record keeping  system  for  the  study  of  juvenile
delinquency.  The records of this police contact system shall
be  limited  to  statistical  information.   No  individually
identifiable information shall be maintained  in  the  police
contact statistical record system.
    19.  To  develop  a  separate  statewide central juvenile
records system for persons arrested prior to the  age  of  17
under  Section  5-401  of  the  Juvenile Court Act of 1987 or
adjudicated  delinquent  minors  and  to   make   information
available  to  local  law  enforcement  officers  so that law
enforcement officers will be able to obtain rapid  access  to
the  background  of the minor from other jurisdictions to the
end that the juvenile police officers  can  make  appropriate
decisions which will best serve the interest of the child and
the  community.    The  Department  shall  submit a quarterly
report to the  General  Assembly  and  Governor  which  shall
contain  the  number  of juvenile records that the Department
has received in that quarter and, a  list,  by  category,  of
offenses  that  minors  were  arrested for or convicted of by
age, race and gender.
    20.  To develop rules which guarantee the confidentiality
of such individually identifiable juvenile records except  to
juvenile  authorities  who request information concerning the
minor and who certify in writing that  the  information  will
not  be disclosed to any other party except as provided under
law or  order  of  court.   For  purposes  of  this  Section,
"juvenile  authorities"  means:  (i)  a  judge of the circuit
court and members of the staff of the court designated by the
judge; (ii) parties to the  proceedings  under  the  Juvenile
Court  Act  of  1987  and  their  attorneys;  (iii) probation
officers and  court  appointed  advocates  for  the  juvenile
authorized by the judge hearing the case; (iv) any individual
or,  public  or of private agency having custody of the child
pursuant to court order; (v) any  individual  or,  public  or
private  agency providing education, medical or mental health
service to the child when the requested information is needed
to determine the appropriate service  or  treatment  for  the
minor;  (vi)  any  potential  placement  provider  when  such
release is authorized by the court for the limited purpose of
determining  the  appropriateness of the potential placement;
(vii) law enforcement officers and prosecutors; (viii)  adult
and juvenile prisoner review boards; (ix) authorized military
personnel;  (x)  individuals  authorized  by  court; (xi) the
Illinois General Assembly  or  any  committee  or  commission
thereof.
    21.  To  develop  administrative rules and administrative
hearing procedures which allow a minor, his or her  attorney,
and  his  or  her  parents or guardian access to individually
identifiable juvenile records for the purpose of  determining
or   challenging   the   accuracy   of  the  records.   Final
administrative decisions shall be subject to  the  provisions
of the Administrative Review Law.
    22.  To  charge,  collect,  and  receive  fees  or moneys
equivalent to the  cost  of  providing  Department  of  State
Police   personnel,   equipment,   and   services   to  local
governmental agencies when explicitly requested  by  a  local
governmental  agency  and  pursuant  to  an intergovernmental
agreement as provided by this Section, other State  agencies,
and  federal  agencies,  including but not limited to fees or
moneys  equivalent  to  the  cost  of  providing  dispatching
services, radio and  radar  repair,  and  training  to  local
governmental  agencies on such terms and conditions as in the
judgment of the Director are in  the  best  interest  of  the
State;  and to establish, charge, collect and receive fees or
moneys based on the cost of providing responses  to  requests
for  criminal history record information pursuant to positive
identification and any Illinois or  federal  law  authorizing
access  to  some  aspect of such information and to prescribe
the form  and  manner  for  requesting  and  furnishing  such
information  to the requestor on such terms and conditions as
in the judgment of the Director are in the best  interest  of
the  State,  provided  fees  for  requesting  and  furnishing
criminal   history  record  information  may  be  waived  for
requests in the due administration of the criminal laws.  The
Department  may  also  charge,  collect  and  receive fees or
moneys equivalent to the cost of  providing  electronic  data
processing  lines  or  related  telecommunication services to
local  governments,  but  only  when  such  services  can  be
provided  by  the  Department  at  a  cost  less  than   that
experienced  by  said  local governments through other means.
All services provided by the Department  shall  be  conducted
pursuant    to    contracts    in    accordance    with   the
Intergovernmental Cooperation Act, and all  telecommunication
services  shall  be  provided  pursuant  to the provisions of
Section 67.18 of this Code.
    All fees received by the Department of State Police under
this Act or the Illinois Uniform Conviction  Information  Act
shall be deposited in a special fund in the State Treasury to
be  known  as  the  State  Police  Services  Fund.  The money
deposited  in  the  State  Police  Services  Fund  shall   be
appropriated  to  the Department of State Police for expenses
of the Department of State Police.
    Upon the completion of any audit  of  the  Department  of
State  Police  as  prescribed  by the Illinois State Auditing
Act, which audit  includes  an  audit  of  the  State  Police
Services  Fund, the Department of State Police shall make the
audit open to inspection by any interested person.
    23.  To exercise the powers and perform the duties  which
have  been  vested  in  the Department of State Police by the
Intergovernmental Missing Child Recovery Act of 1984, and  to
establish   reasonable  rules  and  regulations  necessitated
thereby.
    24. (a)  To  establish  and  maintain  a  statewide   Law
Enforcement  Agencies  Data System (LEADS) for the purpose of
providing  electronic  access  by  authorized   entities   to
criminal justice data repositories and effecting an immediate
law  enforcement  response  to  reports  of  missing persons,
including lost, missing or runaway  minors.   The  Department
shall implement an automatic data exchange system to compile,
to  maintain  and  to make available to other law enforcement
agencies for immediate dissemination data  which  can  assist
appropriate   agencies  in  recovering  missing  persons  and
provide  access  by  authorized  entities  to  various   data
repositories available through LEADS for criminal justice and
related  purposes.   To assist the Department in this effort,
funds may be appropriated from the LEADS Maintenance Fund.
    (b)  In exercising its duties under this subsection,  the
Department shall:
         (1)  provide  a  uniform  reporting  format  for the
    entry of pertinent information regarding the report of  a
    missing person into LEADS;
         (2)  develop   and  implement  a  policy  whereby  a
    statewide or regional alert would be used  in  situations
    relating  to  the disappearances of individuals, based on
    criteria and in a format established by  the  Department.
    Such  a  format shall include, but not be limited to, the
    age of the missing person and the suspected  circumstance
    of the disappearance;
         (3)  notify   all   law  enforcement  agencies  that
    reports of missing persons shall be entered  as  soon  as
    the  minimum level of data specified by the Department is
    available to the reporting agency, and  that  no  waiting
    period for the entry of such data exists;
         (4)  compile  and retain information regarding lost,
    abducted, missing or runaway minors in  a  separate  data
    file, in a manner that allows such information to be used
    by  law enforcement and other agencies deemed appropriate
    by  the  Director,  for  investigative  purposes.    Such
    information shall include the disposition of all reported
    lost, abducted, missing or runaway minor cases;
         (5)  compile   and   maintain   an   historic   data
    repository relating to lost, abducted, missing or runaway
    minors  and other missing persons in order to develop and
    improve techniques utilized by law  enforcement  agencies
    when responding to reports of missing persons; and
         (6)  create  a  quality  control  program  regarding
    confirmation   of  missing  person  data,  timeliness  of
    entries  of  missing  person  reports  into   LEADS   and
    performance audits of all entering agencies.
    25.  On   request   of   a   school   board  or  regional
superintendent of schools, to conduct an inquiry pursuant  to
Section 10-21.9 or 34-18.5 of the School Code to ascertain if
an  applicant  for  employment  in a school district has been
convicted of any criminal  or  drug  offenses  enumerated  in
Section   10-21.9   or  34-18.5  of  the  School  Code.   The
Department shall furnish such conviction information  to  the
President  of  the  school board of the school district which
has requested the information,  or  if  the  information  was
requested  by  the  regional  superintendent to that regional
superintendent.
    26.  To promulgate rules and  regulations  necessary  for
the  administration and enforcement of its powers and duties,
wherever  granted  and  imposed,  pursuant  to  the  Illinois
Administrative Procedure Act.
    27.  To  (a)   promulgate   rules   pertaining   to   the
certification,  revocation  of  certification and training of
law enforcement officers as electronic criminal  surveillance
officers,  (b)  provide  training and technical assistance to
State's  Attorneys  and  local   law   enforcement   agencies
pertaining    to    the    interception   of   private   oral
communications,  (c)  promulgate  rules  necessary  for   the
administration  of  Article  108B  of  the  Code  of Criminal
Procedure of 1963, including but not limited to standards for
recording   and   minimization   of    electronic    criminal
surveillance   intercepts,   documentation   required  to  be
maintained during an intercept,  procedures  in  relation  to
evidence   developed  by  an  intercept,  and  (d)  charge  a
reasonable fee to each  law  enforcement  agency  that  sends
officers   to   receive   training   as  electronic  criminal
surveillance officers.
    28.  Upon the request of any private  organization  which
devotes  a  major  portion  of  its  time to the provision of
recreational, social, educational or child safety services to
children, to conduct, pursuant  to  positive  identification,
criminal   background   investigations   of   all   of   that
organization's   current   employees,   current   volunteers,
prospective  employees or prospective volunteers charged with
the care and custody of children during the provision of  the
organization's  services,  and  to  report  to the requesting
organization any record  of  convictions  maintained  in  the
Department's  files about such persons.  The Department shall
charge an application fee, based on  actual  costs,  for  the
dissemination  of  conviction  information  pursuant  to this
subsection.  The Department is empowered  to  establish  this
fee  and  shall  prescribe the form and manner for requesting
and  furnishing  conviction  information  pursuant  to   this
subsection. Information received by the organization from the
Department concerning an individual shall be provided to such
individual.    Any   such   information   obtained   by   the
organization shall be confidential and may not be transmitted
outside the organization and may not be transmitted to anyone
within  the  organization except as needed for the purpose of
evaluating the individual.  Only  information  and  standards
which   bear  a  reasonable  and  rational  relation  to  the
performance of child care shall be used by the  organization.
Any  employee  of  the  Department or any member, employee or
volunteer  of   the   organization   receiving   confidential
information  under  this subsection who gives or causes to be
given any confidential information  concerning  any  criminal
convictions  of  an  individual  shall be guilty of a Class A
misdemeanor unless release of such information is  authorized
by this subsection.
    29.  Upon  the  request of the Department of Children and
Family Services, to investigate reports  of  child  abuse  or
neglect.
    30.  To  obtain registration of a fictitious vital record
pursuant to Section 15.1 of the Vital Records Act.
    31.  To collect and disseminate information  relating  to
"hate crimes" as defined under Section 12-7.1 of the Criminal
Code  of  1961  contingent  upon the availability of State or
Federal funds to revise  and  upgrade  the  Illinois  Uniform
Crime  Reporting  System.  All law enforcement agencies shall
report monthly to the Department of State  Police  concerning
such  offenses  in  such  form  and  in such manner as may be
prescribed by rules and regulations adopted by the Department
of State Police.  Such information shall be compiled  by  the
Department  and be disseminated upon request to any local law
enforcement  agency,  unit  of  local  government,  or  state
agency.  Dissemination of such information shall  be  subject
to all confidentiality requirements otherwise imposed by law.
The  Department  of  State  Police shall provide training for
State Police officers  in  identifying,  responding  to,  and
reporting  all  hate  crimes.  The  Illinois  Law Enforcement
Training Standards Board shall develop and certify  a  course
of   such   training  to  be  made  available  to  local  law
enforcement officers.
    32.  Upon the request of a private carrier  company  that
provides transportation under Section 28b of the Metropolitan
Transit  Authority  Act,  to  ascertain if an applicant for a
driver position has been convicted of any  criminal  or  drug
offense enumerated in Section 28b of the Metropolitan Transit
Authority  Act.   The Department shall furnish the conviction
information to the private carrier company that requested the
information.
    33.  To apply for grants or contracts,  receive,  expend,
allocate,  or  disburse  funds  and  moneys made available by
public or private entities, including, but  not  limited  to,
contracts,  bequests,  grants,  or  receiving  equipment from
corporations, foundations, or public or private  institutions
of  higher  learning.   All  funds received by the Department
from these sources shall be deposited  into  the  appropriate
fund  in  the  State  Treasury  to  be  appropriated  to  the
Department  for  purposes  as  indicated  by  the  grantor or
contractor or, in the case of funds or moneys  bequeathed  or
granted  for  no  specific purpose, for any purpose as deemed
appropriate   by   the   Director   in   administering    the
responsibilities of the Department.
    34.  Upon  the  request of the Department of Children and
Family Services, the Department of State Police shall provide
properly designated employees of the Department  of  Children
and  Family Services with criminal history record information
as defined in the Illinois Uniform Conviction Information Act
and information maintained in the Statewide Central  Juvenile
record system as defined in subdivision (A)19 of this Section
if  the Department of Children and Family Services determines
the information is necessary to perform its duties under  the
Abused  and Neglected Child Reporting Act, the Child Care Act
of 1969, and the  Children  and  Family  Services  Act.   The
request  shall  be  in  the  form and manner specified by the
Department of State Police.
    35.  The  Illinois  Department  of  Public  Aid   is   an
authorized  entity  under  this  Section  for  the purpose of
exchanging information, in the form and  manner  required  by
the  Department  of State Police, obtaining access to various
data repositories available through LEADS, to facilitate  the
location  of  individuals  for  establishing  paternity,  and
establishing,   modifying,   and   enforcing   child  support
obligations, pursuant to the Illinois  Public  Aid  Code  and
Title  IV,  Part  Section  D of the Social Security Act.  The
Department shall enter into an agreement  with  the  Illinois
Department of Public Aid consistent with these purposes.
    36.  Upon request of the Department of Human Services, to
conduct  an  assessment  and  evaluation  of sexually violent
persons  as  mandated  by  the   Sexually   Violent   Persons
Commitment Act, the Department shall furnish criminal history
information  maintained on the requested person.  The request
shall be in the form and manner specified by the Department.
    37.  Upon the request of the chief of  a  volunteer  fire
department,  the Department shall conduct criminal background
investigations of prospective firefighters and report to  the
requesting  chief any record of convictions maintained in the
Department's files about those persons.  The  Department  may
charge a fee, based on actual costs, for the dissemination of
conviction  information under this paragraph.  The Department
may  prescribe  the  form  and  manner  for  requesting   and
furnishing conviction information under this paragraph.
    (B)  The  Department  of  State  Police may establish and
maintain, within the Department of State Police, a  Statewide
Organized  Criminal  Gang Database (SWORD) for the purpose of
tracking organized  criminal  gangs  and  their  memberships.
Information  in  the database may include, but not be limited
to, the  name,  last  known  address,  birth  date,  physical
descriptions  (such  as  scars,  marks,  or tattoos), officer
safety information, organized gang affiliation, and  entering
agency   identifier.    The   Department   may   develop,  in
consultation with the Criminal Justice Information Authority,
and in a form and manner prescribed  by  the  Department,  an
automated  data  exchange system to compile, to maintain, and
to  make  this  information   electronically   available   to
prosecutors  and  to  other  law  enforcement  agencies.  The
information may be used by authorized agencies to combat  the
operations of organized criminal gangs statewide.
    (C)  The  Department  of  State  Police may ascertain the
number of  bilingual  police  officers  and  other  personnel
needed  to  provide services in a language other than English
and may  establish,  under  applicable  personnel  rules  and
Department  guidelines  or  through  a  collective bargaining
agreement, a bilingual pay supplement program.
(Source:  P.A.  89-54,  eff.  6-30-95;  90-18,  eff.  7-1-97;
90-130,  eff.  1-1-98;  90-372,  eff.  7-1-98;  90-590,  eff.
1-1-00; 90-655, eff. 7-30-98; 90-793, eff.  8-14-98;  revised
10-6-98.)

    Section  95.   No  acceleration or delay.  Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for  example,  a
Section  represented  by  multiple versions), the use of that
text does not accelerate or delay the taking  effect  of  (i)
the  changes made by this Act or (ii) provisions derived from
any other Public Act.

[ Top ]