100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5088

 

Introduced , by Rep. Jaime M. Andrade, Jr.

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2605/2605-25  was 20 ILCS 2605/55a-1
20 ILCS 2605/2605-30  was 20 ILCS 2605/55a-2
20 ILCS 2605/2605-35  was 20 ILCS 2605/55a-3
20 ILCS 2605/2605-40  was 20 ILCS 2605/55a-4
20 ILCS 2605/2605-45  was 20 ILCS 2605/55a-5
20 ILCS 2605/2605-50  was 20 ILCS 2605/55a-6
20 ILCS 2605/2605-52
20 ILCS 2605/2605-125 new
20 ILCS 2605/2605-300  was 20 ILCS 2605/55a in part
20 ILCS 2605/2605-330  was 20 ILCS 2605/55a in part

    Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that the Department of State Police is divided into the Office of the Statewide 9-1-1 Administrator (removes the Illinois State Police Academy) and 5 divisions (rather than 4 divisions): the Division of Patrol (rather than the Division of Operations), the Division of Investigation, the Division of Forensic Services, the Division of Administration, and the Division of Internal Investigation. Provides that for each Division, the Director of State Police shall appoint one Deputy Director and one Assistant Deputy Director. Provides that the position of Deputy Director may be given an appointed rank of Colonel and the Assistant Deputy Director may be given an appointed rank of Lieutenant Colonel. Eliminates the Office of Coordination of Gang Prevention in the Division of Operations. Makes other changes. Effective immediately.


LRB100 20626 SLF 36062 b

 

 

A BILL FOR

 

HB5088LRB100 20626 SLF 36062 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of State Police Law of the Civil
5Administrative Code of Illinois is amended by changing Sections
62605-25, 2605-30, 2605-35, 2605-40, 2605-45, 2605-50, 2605-52,
72605-300, and 2605-330 and by adding Section 2605-125 as
8follows:
 
9    (20 ILCS 2605/2605-25)  (was 20 ILCS 2605/55a-1)
10    Sec. 2605-25. Department organization divisions. The
11Department is divided into the Illinois State Police Academy,
12the Office of the Statewide 9-1-1 Administrator, and 5 4
13divisions: the Division of Patrol Operations, the Division of
14Investigation, the Division of Forensic Services, the Division
15of Administration, and the Division of Internal Investigation.
16(Source: P.A. 98-634, eff. 6-6-14; 99-6, eff. 6-29-15.)
 
17    (20 ILCS 2605/2605-30)  (was 20 ILCS 2605/55a-2)
18    Sec. 2605-30. Division of Patrol Operations (formerly
19State Troopers).
20    (a) The Division of Patrol Operations shall exercise the
21following functions and those in Section 2605-35:
22        (1) (Blank). Cooperate with federal and State

 

 

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1    authorities requesting utilization of the Department's
2    radio network system under the Illinois Aeronautics Act.
3        (2) Exercise the rights, powers, and duties of the
4    State Police under the State Police Act.
5        (3) (Blank). Exercise the rights, powers, and duties
6    vested by law in the Department by the State Police Radio
7    Act.
8        (3.5) Exercise the rights, powers, and duties of the
9    Department vested by law in the Department and the Illinois
10    State Police by the Criminal Code of 2012.
11        (4) Exercise the rights, powers, and duties of the
12    Department vested by law in the Department and the Illinois
13    State Police by the Illinois Vehicle Code.
14        (5) Exercise other duties that have been or may be
15    vested by law in the Illinois State Police.
16        (6) Exercise other duties that may be assigned by the
17    Director in order to fulfill the responsibilities and to
18    achieve the purposes of the Department.
19    (b) The Director shall appoint one Deputy Director and one
20Assistant Deputy Director to operate the Division. The position
21of Deputy Director may be given an appointed rank of Colonel
22and the Assistant Deputy Director may be given an appointed
23rank of Lieutenant Colonel.
24    (c) The Director shall appoint 2 Region Commanders to
25oversee each patrol district. The position of Region Commander
26may be given an appointed rank of Major. Each Region Commander

 

 

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1shall have a direct reporting structure to the Division's
2Assistant Deputy Director.
3    (d) The Director shall create 21 patrol districts and each
4shall have an appointed commander who shall have a direct
5reporting structure to the Region Commander.
6(Source: P.A. 91-239, eff. 1-1-00; 91-760, eff. 1-1-01.)
 
7    (20 ILCS 2605/2605-35)  (was 20 ILCS 2605/55a-3)
8    Sec. 2605-35. Division of Investigation Operations
9(formerly Criminal Investigation).
10    (a) The Division of Investigation Operations shall
11exercise the following functions and those in Section 2605-30:
12        (1) Exercise the rights, powers, and duties vested by
13    law in the Department by the Illinois Horse Racing Act of
14    1975.
15        (2) Investigate the origins, activities, personnel,
16    and incidents of crime and enforce the criminal laws of
17    this State related thereto.
18        (3) Enforce all laws regulating the production, sale,
19    prescribing, manufacturing, administering, transporting,
20    having in possession, dispensing, delivering,
21    distributing, or use of controlled substances,
22    methamphetamine, and cannabis.
23        (4) Cooperate with the police of cities, villages, and
24    incorporated towns and with the police officers of any
25    county in enforcing the laws of the State and in making

 

 

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1    arrests and recovering property.
2        (5) Apprehend and deliver up any person charged in this
3    State or any other state with treason or a felony or other
4    crime who has fled from justice and is found in this State.
5        (6) Investigate recipients and providers under the
6    Illinois Public Aid Code and any personnel involved in the
7    administration of the Code who are suspected of any
8    violation of the Code pertaining to fraud in the
9    administration, receipt, or provision of assistance and
10    pertaining to any violation of criminal law; and exercise
11    the functions required under Section 2605-220 in the
12    conduct of those investigations.
13        (7) Conduct other investigations as provided by law.
14        (8) Exercise the powers and perform the duties that
15    have been vested in the Department by the Sex Offender
16    Registration Act and the Sex Offender Community
17    Notification Law; and promulgate reasonable rules and
18    regulations necessitated thereby.
19        (9) Exercise other duties that may be assigned by the
20    Director in order to fulfill the responsibilities and
21    achieve the purposes of the Department.
22    (b) The Director shall appoint one Deputy Director and one
23Assistant Deputy Director to operate the Division. The position
24of Deputy Director may be given an appointed rank of Colonel
25and the Assistant Deputy Director may be given an appointed
26rank of Lieutenant Colonel. There is hereby established in the

 

 

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1Division of Operations the Office of Coordination of Gang
2Prevention, hereafter referred to as the Office.
3    The Office shall consult with units of local government and
4school districts to assist them in gang control activities and
5to administer a system of grants to units of local government
6and school districts that, upon application, have demonstrated
7a workable plan to reduce gang activity in their area. The
8grants shall not include reimbursement for personnel, nor shall
9they exceed 75% of the total request by any applicant. The
10grants may be calculated on a proportional basis, determined by
11funds available to the Department for this purpose. The
12Department has the authority to promulgate appropriate rules
13and regulations to administer this program.
14    The Office shall establish mobile units of trained
15personnel to respond to gang activities.
16    The Office shall also consult with and use the services of
17religious leaders and other celebrities to assist in gang
18control activities.
19    The Office may sponsor seminars, conferences, or any other
20educational activity to assist communities in their gang crime
21control activities.
22    (c) The Director shall appoint 2 Region Commanders to
23oversee each investigative zone. The position of Region
24Commander may be given an appointed rank of Major. Each Region
25Commander shall have a direct reporting structure to the
26Division's Assistant Deputy Director.

 

 

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1    (d) The Director shall create 7 investigative zones and
2each shall have an appointed commander having a direct
3reporting structure to the Region Commander.
4(Source: P.A. 94-945, eff. 6-27-06.)
 
5    (20 ILCS 2605/2605-40)  (was 20 ILCS 2605/55a-4)
6    Sec. 2605-40. Division of Forensic Services.
7    (a) The Division of Forensic Services shall exercise the
8following functions:
9        (1) (Blank). Exercise the rights, powers, and duties
10    vested by law in the Department by the Criminal
11    Identification Act.
12        (2) Exercise the rights, powers, and duties vested by
13    law in the Department by Section 2605-300 of this Law.
14        (3) Provide assistance to local law enforcement
15    agencies through training, management, and consultant
16    services.
17        (4) (Blank).
18        (5) Exercise other duties that may be assigned by the
19    Director in order to fulfill the responsibilities and
20    achieve the purposes of the Department.
21        (6) Establish and operate a forensic science
22    laboratory system, including a forensic toxicological
23    laboratory service, for the purpose of testing specimens
24    submitted by coroners and other law enforcement officers in
25    their efforts to determine whether alcohol, drugs, or

 

 

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1    poisonous or other toxic substances have been involved in
2    deaths, accidents, or illness. Forensic toxicological
3    laboratories shall be established in Springfield, Chicago,
4    and elsewhere in the State as needed.
5        (6.5) Establish administrative rules in order to set
6    forth standardized requirements for the disclosure of
7    toxicology results and other relevant documents related to
8    a toxicological analysis. These administrative rules are
9    to be adopted to produce uniform and sufficient information
10    to allow a proper, well-informed determination of the
11    admissibility of toxicology evidence and to ensure that
12    this evidence is presented competently. These
13    administrative rules are designed to provide a minimum
14    standard for compliance of toxicology evidence and is not
15    intended to limit the production and discovery of material
16    information. These administrative rules shall be submitted
17    by the Department of State Police into the rulemaking
18    process under the Illinois Administrative Procedure Act on
19    or before June 30, 2017.
20        (7) Subject to specific appropriations made for these
21    purposes, establish and coordinate a system for providing
22    accurate and expedited forensic science and other
23    investigative and laboratory services to local law
24    enforcement agencies and local State's Attorneys in aid of
25    the investigation and trial of capital cases.
26    (b) The Director shall appoint one Deputy Director and one

 

 

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1Assistant Deputy Director to operate the Division. The position
2of Deputy Director may be given an appointed rank of Colonel
3and the Assistant Deputy Director may be given an appointed
4rank of Lieutenant Colonel.
5(Source: P.A. 99-801, eff. 1-1-17.)
 
6    (20 ILCS 2605/2605-45)  (was 20 ILCS 2605/55a-5)
7    Sec. 2605-45. Division of Administration.
8    (a) The Division of Administration shall exercise the
9following functions:
10        (1) Exercise the rights, powers, and duties vested by
11    law in the Department by the Criminal Identification
12    Governor's Office of Management and Budget Act.
13        (2) Pursue research and the publication of studies
14    pertaining to local law enforcement activities.
15        (3) Exercise the rights, powers, and duties vested by
16    law in the Department by the State Police Radio Act
17    Personnel Code.
18        (4) Operate an electronic data processing and computer
19    center for the storage and retrieval of data pertaining to
20    criminal activity.
21        (5) Exercise the rights, powers, and duties vested in
22    the Department by the Firearm Concealed Carry Act former
23    Division of State Troopers by Section 17 of the State
24    Police Act.
25        (6) (Blank). Exercise the rights, powers, and duties

 

 

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1    vested in the Department by "An Act relating to internal
2    auditing in State government", approved August 11, 1967
3    (repealed; now the Fiscal Control and Internal Auditing
4    Act, 30 ILCS 10/).
5        (6.5) Exercise the rights, powers, and duties vested in
6    the Department by the Firearm Owners Identification Card
7    Act.
8        (7) Exercise other duties that may be assigned by the
9    Director to fulfill the responsibilities and achieve the
10    purposes of the Department.
11    (b) The Director shall appoint one Deputy Director and one
12Assistant Deputy Director to operate the Division. The position
13of Deputy Director may be given an appointed rank of Colonel
14and the Assistant Deputy Director may be given an appointed
15rank of Lieutenant Colonel.
16(Source: P.A. 94-793, eff. 5-19-06.)
 
17    (20 ILCS 2605/2605-50)  (was 20 ILCS 2605/55a-6)
18    Sec. 2605-50. Division of Internal Investigation.
19    (a) The Division of Internal Investigation shall initiate
20internal departmental investigations and, at the direction of
21the Governor, investigate complaints and initiate
22investigations of official misconduct by State officers and
23State employees under the jurisdiction of the Governor.
24    (b) The Director shall appoint one Deputy Director and one
25Assistant Deputy Director to operate the Division. The position

 

 

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1of Deputy Director may be given an appointed rank of Colonel
2and the Assistant Deputy Director may be given an appointed
3rank of Lieutenant Colonel.
4(Source: P.A. 91-239, eff. 1-1-00.)
 
5    (20 ILCS 2605/2605-52)
6    Sec. 2605-52. Office of the Statewide 9-1-1 Administrator.
7    (a) The There shall be established an Office of the
8Statewide 9-1-1 Administrator within the Department. Beginning
9January 1, 2016, the Office of the Statewide 9-1-1
10Administrator shall be responsible for developing,
11implementing, and overseeing a uniform statewide 9-1-1 system
12for all areas of the State outside of municipalities having a
13population over 500,000.
14    (b) The Governor shall appoint, with the advice and consent
15of the Senate, a Statewide 9-1-1 Administrator. The
16Administrator shall serve for a term of 2 years, and until a
17successor is appointed and qualified; except that the term of
18the first 9-1-1 Administrator appointed under this Act shall
19expire on the third Monday in January, 2017. The Administrator
20shall not hold any other remunerative public office. The
21Administrator shall receive an annual salary as set by the
22Governor.
23    (c) The Department, from appropriations made to it for that
24purpose, shall make grants to 9-1-1 Authorities for the purpose
25of defraying costs associated with 9-1-1 system consolidations

 

 

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1awarded by the Administrator under Section 15.4b of the
2Emergency Telephone System Act.
3(Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17.)
 
4    (20 ILCS 2605/2605-125 new)
5    Sec. 2605-125. Firearm Concealed Carry Act. To exercise the
6rights, powers, and duties that have been vested in the
7Department of State Police by the Firearm Concealed Carry Act.
 
8    (20 ILCS 2605/2605-300)  (was 20 ILCS 2605/55a in part)
9    Sec. 2605-300. Records; crime laboratories; personnel. To
10do the following:
11        (1) Be a central repository and custodian of criminal
12    statistics for the State.
13        (2) Be a central repository for criminal history record
14    information.
15        (3) Procure and file for record information that is
16    necessary and helpful to plan programs of crime prevention,
17    law enforcement, and criminal justice.
18        (4) Procure and file for record copies of fingerprints
19    that may be required by law.
20        (5) Establish general and field crime laboratories.
21        (6) Register and file for record information that may
22    be required by law for the issuance of firearm owner's
23    identification cards under the Firearm Owners
24    Identification Card Act and concealed carry licenses under

 

 

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1    the Firearm Concealed Carry Act.
2        (7) Employ laboratory technicians and other specially
3    qualified persons to aid in the identification of criminal
4    activity, and may employ polygraph operators.
5        (8) Undertake other identification, information,
6    laboratory, statistical, or registration activities that
7    may be required by law.
8        (9) When authorized in law, collect and transmit
9    fingerprints to the Federal Bureau of Investigation to be
10    retained and searched against fingerprint records,
11    including latents, now and hereafter filed.
12(Source: P.A. 98-63, eff. 7-9-13; 99-801, eff. 1-1-17.)
 
13    (20 ILCS 2605/2605-330)  (was 20 ILCS 2605/55a in part)
14    Sec. 2605-330. Firefighter applicant criminal history
15records checks. Upon the request of the chief of a fire
16department or the board of trustees of a fire protection
17district, the Department shall conduct fingerprint-based
18criminal history records checks of both State and Federal
19Bureau of Investigation criminal history record databases
20concerning prospective firefighters and report to the
21requesting chief or the board of trustees of a fire protection
22district any conviction information about those persons. These
23fingerprints shall be checked against the fingerprint records
24now and hereafter filed in the Department and the Federal
25Bureau of Investigation criminal history records databases.

 

 

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1The Department shall furnish, pursuant to a positive
2identification, all Illinois conviction information and shall
3forward the national criminal history record information to the
4requesting chief or the board of trustees of the fire
5protection district. The Department may charge the requesting
6chief or board of trustees a fee for conducting the criminal
7history records check. The fee shall be deposited into the
8State Police Services Fund and shall not exceed the cost of the
9inquiry. The Department may prescribe the form and manner for
10requesting and furnishing conviction information under this
11Section.
12(Source: P.A. 92-16, eff. 6-28-01; 93-952, eff. 1-1-05.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.