HB4212 EngrossedLRB100 15699 SLF 30801 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Missing Persons Identification Act is
5amended by changing Section 10 as follows:
 
6    (50 ILCS 722/10)
7    Sec. 10. Law enforcement analysis and reporting of missing
8person information.
9    (a) Prompt determination of high-risk missing person.
10        (1) Definition. "High-risk missing person" means a
11    person whose whereabouts are not currently known and whose
12    circumstances indicate that the person may be at risk of
13    injury or death. The circumstances that indicate that a
14    person is a high-risk missing person include, but are not
15    limited to, any of the following:
16            (A) the person is missing as a result of a stranger
17        abduction;
18            (B) the person is missing under suspicious
19        circumstances;
20            (C) the person is missing under unknown
21        circumstances;
22            (D) the person is missing under known dangerous
23        circumstances;

 

 

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1            (E) the person is missing more than 30 days;
2            (F) the person has already been designated as a
3        high-risk missing person by another law enforcement
4        agency;
5            (G) there is evidence that the person is at risk
6        because:
7                (i) the person is in need of medical attention,
8            including but not limited to persons with
9            dementia-like symptoms, or prescription
10            medication;
11                (ii) the person does not have a pattern of
12            running away or disappearing;
13                (iii) the person may have been abducted by a
14            non-custodial parent;
15                (iv) the person is mentally impaired;
16                (v) the person is under the age of 21;
17                (vi) the person has been the subject of past
18            threats or acts of violence;
19                (vii) the person has eloped from a nursing
20            home; or
21            (G-5) the person is a veteran or active duty member
22        of the United States Armed Forces, the National Guard,
23        or any reserve component of the United States Armed
24        Forces who is believed to have a physical or mental
25        health condition that is related to his or her service;
26        or

 

 

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1            (H) any other factor that may, in the judgment of
2        the law enforcement official, indicate that the
3        missing person may be at risk.
4        (2) Law enforcement risk assessment.
5            (A) Upon initial receipt of a missing person
6        report, the law enforcement agency shall immediately
7        determine whether there is a basis to determine that
8        the missing person is a high-risk missing person.
9            (B) If a law enforcement agency has previously
10        determined that a missing person is not a high-risk
11        missing person, but obtains new information, it shall
12        immediately determine whether the information
13        indicates that the missing person is a high-risk
14        missing person.
15            (C) Law enforcement agencies are encouraged to
16        establish written protocols for the handling of
17        missing person cases to accomplish the purposes of this
18        Act.
19        (3) Law enforcement agency reports.
20            (A) The responding local law enforcement agency
21        shall immediately enter all collected information
22        relating to the missing person case in the Law
23        Enforcement Agencies Data System (LEADS) and the
24        National Crime Information Center (NCIC) databases.
25        The information shall be provided in accordance with
26        applicable guidelines relating to the databases. The

 

 

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1        information shall be entered as follows:
2                (i) All appropriate DNA profiles, as
3            determined by the Department of State Police,
4            shall be uploaded into the missing person
5            databases of the State DNA Index System (SDIS) and
6            National DNA Index System (NDIS) after completion
7            of the DNA analysis and other procedures required
8            for database entry.
9                (ii) Information relevant to the Federal
10            Bureau of Investigation's Violent Criminal
11            Apprehension Program shall be entered as soon as
12            possible.
13                (iii) The Department of State Police shall
14            ensure that persons entering data relating to
15            medical or dental records in State or federal
16            databases are specifically trained to understand
17            and correctly enter the information sought by
18            these databases. The Department of State Police
19            shall either use a person with specific expertise
20            in medical or dental records for this purpose or
21            consult with a chief medical examiner, forensic
22            anthropologist, or odontologist to ensure the
23            accuracy and completeness of information entered
24            into the State and federal databases.
25            (B) The Department of State Police shall
26        immediately notify all law enforcement agencies within

 

 

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1        this State and the surrounding region of the
2        information that will aid in the prompt location and
3        safe return of the high-risk missing person.
4            (C) The local law enforcement agencies that
5        receive the notification from the Department of State
6        Police shall notify officers to be on the lookout for
7        the missing person or a suspected abductor.
8            (D) Pursuant to any applicable State criteria,
9        local law enforcement agencies shall also provide for
10        the prompt use of an Amber Alert in cases involving
11        abducted children; or use of the Endangered Missing
12        Person Advisory in appropriate high risk cases.
13(Source: P.A. 95-192, eff. 8-16-07; 96-149, eff. 1-1-10.)