101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2747

 

Introduced , by Rep. Thomas Morrison

 

SYNOPSIS AS INTRODUCED:
 
50 ILCS 722/10

    Amends the Missing Persons Identification Act. Provides that no later than 30 days after a responding law enforcement agency has received a missing person report, that agency shall transmit the report to the National Missing and Unidentified Persons System. Effective immediately.


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A BILL FOR

 

HB2747LRB101 07793 SLF 52844 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            including, but not limited to, a person having a
17            developmental disability, as defined in Section
18            1-106 of the Mental Health and Developmental
19            Disabilities Code, or a person having an
20            intellectual disability, as defined in Section
21            1-116 of the Mental Health and Developmental
22            Disabilities Code;
23                (v) the person is under the age of 21;
24                (vi) the person has been the subject of past
25            threats or acts of violence;
26                (vii) the person has eloped from a nursing

 

 

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1            home;
2            (G-5) the person is a veteran or active duty member
3        of the United States Armed Forces, the National Guard,
4        or any reserve component of the United States Armed
5        Forces who is believed to have a physical or mental
6        health condition that is related to his or her service;
7        or
8            (H) any other factor that may, in the judgment of
9        the law enforcement official, indicate that the
10        missing person may be at risk.
11        (2) Law enforcement risk assessment.
12            (A) Upon initial receipt of a missing person
13        report, the law enforcement agency shall immediately
14        determine whether there is a basis to determine that
15        the missing person is a high-risk missing person.
16            (B) If a law enforcement agency has previously
17        determined that a missing person is not a high-risk
18        missing person, but obtains new information, it shall
19        immediately determine whether the information
20        indicates that the missing person is a high-risk
21        missing person.
22            (C) Law enforcement agencies are encouraged to
23        establish written protocols for the handling of
24        missing person cases to accomplish the purposes of this
25        Act.
26        (3) Law enforcement agency reports.

 

 

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1            (A) The responding local law enforcement agency
2        shall immediately enter all collected information
3        relating to the missing person case in the Law
4        Enforcement Agencies Data System (LEADS) and the
5        National Crime Information Center (NCIC) databases.
6        The information shall be provided in accordance with
7        applicable guidelines relating to the databases. The
8        information shall be entered as follows:
9                (i) All appropriate DNA profiles, as
10            determined by the Department of State Police,
11            shall be uploaded into the missing person
12            databases of the State DNA Index System (SDIS) and
13            National DNA Index System (NDIS) after completion
14            of the DNA analysis and other procedures required
15            for database entry.
16                (ii) Information relevant to the Federal
17            Bureau of Investigation's Violent Criminal
18            Apprehension Program shall be entered as soon as
19            possible.
20                (iii) The Department of State Police shall
21            ensure that persons entering data relating to
22            medical or dental records in State or federal
23            databases are specifically trained to understand
24            and correctly enter the information sought by
25            these databases. The Department of State Police
26            shall either use a person with specific expertise

 

 

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1            in medical or dental records for this purpose or
2            consult with a chief medical examiner, forensic
3            anthropologist, or odontologist to ensure the
4            accuracy and completeness of information entered
5            into the State and federal databases.
6            (B) The Department of State Police shall
7        immediately notify all law enforcement agencies within
8        this State and the surrounding region of the
9        information that will aid in the prompt location and
10        safe return of the high-risk missing person.
11            (C) The local law enforcement agencies that
12        receive the notification from the Department of State
13        Police shall notify officers to be on the lookout for
14        the missing person or a suspected abductor.
15            (D) Pursuant to any applicable State criteria,
16        local law enforcement agencies shall also provide for
17        the prompt use of an Amber Alert in cases involving
18        abducted children; or use of the Endangered Missing
19        Person Advisory in appropriate high risk cases.
20        (4) No later than 30 days after a responding law
21    enforcement agency has received a missing person report,
22    that agency shall transmit the report to the National
23    Missing and Unidentified Persons System.
24(Source: P.A. 100-631, eff. 1-1-19; 100-662, eff. 1-1-19;
25100-835, eff. 1-1-19; revised 9-28-18.)
 
26    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.