State of Illinois
2007 and 2008


Introduced 9/22/2008, by Sen. M. Maggie Crotty


20 ILCS 2605/2605-375   was 20 ILCS 2605/55a in part
20 ILCS 2705/2705-505.5
20 ILCS 3305/5   from Ch. 127, par. 1055
50 ILCS 705/10.10
50 ILCS 722/10

    Amends the Department of State Police Law and the Department of Transportation Law of the Civil Administrative Code of Illinois, the Illinois Emergency Management Agency Act, the Illinois Police Training Act, and the Missing Persons Identification Act. With respect to the State Police's missing endangered senior alert system: (i) refers to the alerts as "Silver" Alerts; (ii) requires that the Department coordinate with the Department of Transportation and the Illinois Emergency Management Agency in the public dissemination of the alerts and the promotion of the system; and (iii) requires that local law enforcement agencies provide for prompt use of Silver Alerts and public dissemination of photographs of missing endangered seniors. Makes other changes. Effective immediately.

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1     AN ACT concerning State government.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The Department of State Police Law of the Civil
5 Administrative Code of Illinois is amended by changing Section
6 2605-375 as follows:
7     (20 ILCS 2605/2605-375)  (was 20 ILCS 2605/55a in part)
8     Sec. 2605-375. Missing persons; Law Enforcement Agencies
9 Data System (LEADS); Silver Alerts.
10     (a) To establish and maintain a statewide Law Enforcement
11 Agencies Data System (LEADS) for the purpose of providing
12 electronic access by authorized entities to criminal justice
13 data repositories and effecting an immediate law enforcement
14 response to reports of missing persons, including lost, missing
15 or runaway minors and missing endangered seniors. The
16 Department shall implement an automatic data exchange system to
17 compile, to maintain, and to make available to other law
18 enforcement agencies for immediate dissemination data that can
19 assist appropriate agencies in recovering missing persons and
20 provide access by authorized entities to various data
21 repositories available through LEADS for criminal justice and
22 related purposes. To assist the Department in this effort,
23 funds may be appropriated from the LEADS Maintenance Fund.



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1     (b) In exercising its duties under this Section, the
2 Department shall provide a uniform reporting format (LEADS) for
3 the entry of pertinent information regarding the report of a
4 missing person into LEADS. The report must include all of the
5 following:
6         (1) Relevant information obtained from the
7     notification concerning the missing person, including all
8     of the following:
9             (A) a physical description of the missing person;
10             (B) the date, time, and place that the missing
11         person was last seen; and
12             (C) the missing person's address.
13         (2) Information gathered by a preliminary
14     investigation, if one was made.
15         (3) A statement by the law enforcement officer in
16     charge stating the officer's assessment of the case based
17     on the evidence and information received.
18     (b-5) The Department of State Police shall:
19         (1) Develop and implement a policy whereby a statewide
20     or regional alert would be used in situations relating to
21     the disappearances of individuals, based on criteria and in
22     a format established by the Department. Such a format shall
23     include, but not be limited to, the age of the missing
24     person and the suspected circumstance of the
25     disappearance.
26         (1.5) In developing the alert system policy under



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1     paragraph (1) of this subsection, include Silver Alerts for
2     use with respect to missing endangered seniors as defined
3     in Section 2605-5. The Silver alert system policy must
4     require the Department, at a minimum, to:
5             (A) Establish a Silver Plan Task force to monitor
6         and review the implementation and operation of the
7         Silver Alert system, including procedures, budgetary
8         requirements, and response protocols. The Task Force
9         shall also develop additional network resources for
10         use in the system.
11             (B) Coordinate with the Illinois Department of
12         Transportation for the use of electronic message signs
13         on roads and highways in the vicinity of the
14         disappearance of a missing endangered senior to
15         immediately provide critical information to the
16         public.
17             (C) Coordinate with the Illinois Emergency
18         Management Agency in the development and
19         implementation of a community outreach program to
20         promote public awareness of the Silver Alert system.
21         (2) Notify all law enforcement agencies that reports of
22     missing persons shall be entered as soon as the minimum
23     level of data specified by the Department is available to
24     the reporting agency and that no waiting period for the
25     entry of the data exists.
26         (3) Compile and retain information regarding lost,



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1     abducted, missing, or runaway minors in a separate data
2     file, in a manner that allows that information to be used
3     by law enforcement and other agencies deemed appropriate by
4     the Director, for investigative purposes. The information
5     shall include the disposition of all reported lost,
6     abducted, missing, or runaway minor cases.
7         (4) Compile and maintain an historic data repository
8     relating to lost, abducted, missing, or runaway minors and
9     other missing persons, including, but not limited to,
10     missing endangered seniors, in order to develop and improve
11     techniques utilized by law enforcement agencies when
12     responding to reports of missing persons.
13         (5) Create a quality control program regarding
14     confirmation of missing person data, timeliness of entries
15     of missing person reports into LEADS, and performance
16     audits of all entering agencies.
17     (c) The Illinois Law Enforcement Training Standards Board
18 shall conduct a training program for law enforcement personnel
19 of local governmental agencies in the Missing Persons
20 Identification Act.
21     (d) The Department of State Police shall perform the duties
22 prescribed in the Missing Persons Identification Act, subject
23 to appropriation.
24 (Source: P.A. 94-145, eff. 1-1-06; 95-192, eff. 8-16-07.)
25     Section 10. The Department of Transportation Law of the



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1 Civil Administrative Code of Illinois is amended by changing
2 Section 2705-505.5 as follows:
3     (20 ILCS 2705/2705-505.5)
4     Sec. 2705-505.5. Child abduction and missing endangered
5 seniors message signs. The Department of Transportation shall
6 coordinate with the Department of State Police in the use of
7 electronic message signs on roads and highways in the vicinity
8 of a child abduction or the disappearance of a missing
9 endangered senior to immediately provide critical information
10 to the public.
11 (Source: P.A. 93-310, eff. 7-23-03.)
12     Section 15. The Illinois Emergency Management Agency Act is
13 amended by changing Section 5 as follows:
14     (20 ILCS 3305/5)  (from Ch. 127, par. 1055)
15     Sec. 5. Illinois Emergency Management Agency.
16     (a) There is created within the executive branch of the
17 State Government an Illinois Emergency Management Agency and a
18 Director of the Illinois Emergency Management Agency, herein
19 called the "Director" who shall be the head thereof. The
20 Director shall be appointed by the Governor, with the advice
21 and consent of the Senate, and shall serve for a term of 2
22 years beginning on the third Monday in January of the
23 odd-numbered year, and until a successor is appointed and has



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1 qualified; except that the term of the first Director appointed
2 under this Act shall expire on the third Monday in January,
3 1989. The Director shall not hold any other remunerative public
4 office. The Director shall receive an annual salary as set by
5 the Governor from time to time or the amount set by the
6 Compensation Review Board, whichever is higher. If set by the
7 Governor, the Director's annual salary may not exceed 85% of
8 the Governor's annual salary.
9     (b) The Illinois Emergency Management Agency shall obtain,
10 under the provisions of the Personnel Code, technical,
11 clerical, stenographic and other administrative personnel, and
12 may make expenditures within the appropriation therefor as may
13 be necessary to carry out the purpose of this Act. The agency
14 created by this Act is intended to be a successor to the agency
15 created under the Illinois Emergency Services and Disaster
16 Agency Act of 1975 and the personnel, equipment, records, and
17 appropriations of that agency are transferred to the successor
18 agency as of the effective date of this Act.
19     (c) The Director, subject to the direction and control of
20 the Governor, shall be the executive head of the Illinois
21 Emergency Management Agency and the State Emergency Response
22 Commission and shall be responsible under the direction of the
23 Governor, for carrying out the program for emergency management
24 of this State. The Director shall also maintain liaison and
25 cooperate with the emergency management organizations of this
26 State and other states and of the federal government.



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1     (d) The Illinois Emergency Management Agency shall take an
2 integral part in the development and revision of political
3 subdivision emergency operations plans prepared under
4 paragraph (f) of Section 10. To this end it shall employ or
5 otherwise secure the services of professional and technical
6 personnel capable of providing expert assistance to the
7 emergency services and disaster agencies. These personnel
8 shall consult with emergency services and disaster agencies on
9 a regular basis and shall make field examinations of the areas,
10 circumstances, and conditions that particular political
11 subdivision emergency operations plans are intended to apply.
12     (e) The Illinois Emergency Management Agency and political
13 subdivisions shall be encouraged to form an emergency
14 management advisory committee composed of private and public
15 personnel representing the emergency management phases of
16 mitigation, preparedness, response, and recovery. The Local
17 Emergency Planning Committee, as created under the Illinois
18 Emergency Planning and Community Right to Know Act, shall serve
19 as an advisory committee to the emergency services and disaster
20 agency or agencies serving within the boundaries of that Local
21 Emergency Planning Committee planning district for:
22         (1) the development of emergency operations plan
23     provisions for hazardous chemical emergencies; and
24         (2) the assessment of emergency response capabilities
25     related to hazardous chemical emergencies.
26     (f) The Illinois Emergency Management Agency shall:



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1         (1) Coordinate the overall emergency management
2     program of the State.
3         (2) Cooperate with local governments, the federal
4     government and any public or private agency or entity in
5     achieving any purpose of this Act and in implementing
6     emergency management programs for mitigation,
7     preparedness, response, and recovery.
8         (2.5) Develop a comprehensive emergency preparedness
9     and response plan for any nuclear accident in accordance
10     with Section 65 of the Department of Nuclear Safety Law of
11     2004 (20 ILCS 3310) and in development of the Illinois
12     Nuclear Safety Preparedness program in accordance with
13     Section 8 of the Illinois Nuclear Safety Preparedness Act.
14         (2.6) Coordinate with the Department of Public Health
15     with respect to planning for and responding to public
16     health emergencies.
17         (3) Prepare, for issuance by the Governor, executive
18     orders, proclamations, and regulations as necessary or
19     appropriate in coping with disasters.
20         (4) Promulgate rules and requirements for political
21     subdivision emergency operations plans that are not
22     inconsistent with and are at least as stringent as
23     applicable federal laws and regulations.
24         (5) Review and approve, in accordance with Illinois
25     Emergency Management Agency rules, emergency operations
26     plans for those political subdivisions required to have an



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1     emergency services and disaster agency pursuant to this
2     Act.
3         (5.5) Promulgate rules and requirements for the
4     political subdivision emergency management exercises,
5     including, but not limited to, exercises of the emergency
6     operations plans.
7         (5.10) Review, evaluate, and approve, in accordance
8     with Illinois Emergency Management Agency rules, political
9     subdivision emergency management exercises for those
10     political subdivisions required to have an emergency
11     services and disaster agency pursuant to this Act.
12         (6) Determine requirements of the State and its
13     political subdivisions for food, clothing, and other
14     necessities in event of a disaster.
15         (7) Establish a register of persons with types of
16     emergency management training and skills in mitigation,
17     preparedness, response, and recovery.
18         (8) Establish a register of government and private
19     response resources available for use in a disaster.
20         (9) Expand the Earthquake Awareness Program and its
21     efforts to distribute earthquake preparedness materials to
22     schools, political subdivisions, community groups, civic
23     organizations, and the media. Emphasis will be placed on
24     those areas of the State most at risk from an earthquake.
25     Maintain the list of all school districts, hospitals,
26     airports, power plants, including nuclear power plants,



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1     lakes, dams, emergency response facilities of all types,
2     and all other major public or private structures which are
3     at the greatest risk of damage from earthquakes under
4     circumstances where the damage would cause subsequent harm
5     to the surrounding communities and residents.
6         (10) Disseminate all information, completely and
7     without delay, on water levels for rivers and streams and
8     any other data pertaining to potential flooding supplied by
9     the Division of Water Resources within the Department of
10     Natural Resources to all political subdivisions to the
11     maximum extent possible.
12         (11) Develop agreements, if feasible, with medical
13     supply and equipment firms to supply resources as are
14     necessary to respond to an earthquake or any other disaster
15     as defined in this Act. These resources will be made
16     available upon notifying the vendor of the disaster.
17     Payment for the resources will be in accordance with
18     Section 7 of this Act. The Illinois Department of Public
19     Health shall determine which resources will be required and
20     requested.
21         (11.5) In coordination with the Department of State
22     Police, develop and implement a community outreach program
23     to promote (i) awareness among the State's parents and
24     children of child abduction prevention and response and
25     (ii) public awareness of the Silver Alert system developed
26     under Section 2605-375 of the Department of State Police



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1     Law of the Civil Administrative Code of Illinois.
2         (12) Out of funds appropriated for these purposes,
3     award capital and non-capital grants to Illinois hospitals
4     or health care facilities located outside of a city with a
5     population in excess of 1,000,000 to be used for purposes
6     that include, but are not limited to, preparing to respond
7     to mass casualties and disasters, maintaining and
8     improving patient safety and quality of care, and
9     protecting the confidentiality of patient information. No
10     single grant for a capital expenditure shall exceed
11     $300,000. No single grant for a non-capital expenditure
12     shall exceed $100,000. In awarding such grants, preference
13     shall be given to hospitals that serve a significant number
14     of Medicaid recipients, but do not qualify for
15     disproportionate share hospital adjustment payments under
16     the Illinois Public Aid Code. To receive such a grant, a
17     hospital or health care facility must provide funding of at
18     least 50% of the cost of the project for which the grant is
19     being requested. In awarding such grants the Illinois
20     Emergency Management Agency shall consider the
21     recommendations of the Illinois Hospital Association.
22         (13) Do all other things necessary, incidental or
23     appropriate for the implementation of this Act.
24 (Source: P.A. 93-249, eff. 7-22-03; 93-310, eff. 7-23-03;
25 94-334, eff. 1-1-06.)



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1     Section 20. The Illinois Police Training Act is amended by
2 changing Section 10.10 as follows:
3     (50 ILCS 705/10.10)
4     Sec. 10.10. Training in child abduction (AMBER) alert
5 system and missing endangered senior (Silver) alert system. The
6 Board shall conduct a training program for law enforcement
7 personnel of local governmental agencies in the statewide
8 coordinated child abduction (AMBER) alert system developed
9 under Section 2605-480 of the Department of State Police Law of
10 the Civil Administrative Code of Illinois and the statewide
11 coordinated missing endangered senior (Silver) alert system
12 developed under Section 2605-375 of the Department of State
13 Police Law of the Civil Administrative Code of Illinois.
14 (Source: P.A. 93-310, eff. 7-23-03; 94-145, eff. 1-1-06.)
15     Section 25. The Missing Persons Identification Act is
16 amended by changing Section 10 as follows:
17     (50 ILCS 722/10)
18     Sec. 10. Law enforcement analysis and reporting of missing
19 person information.
20     (a) Prompt determination of high-risk missing person.
21         (1) Definition. "High-risk missing person" means a
22     person whose whereabouts are not currently known and whose
23     circumstances indicate that the person may be at risk of



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1     injury or death. The circumstances that indicate that a
2     person is a high-risk missing person include, but are not
3     limited to, any of the following:
4             (A) the person is missing as a result of a stranger
5         abduction;
6             (B) the person is missing under suspicious
7         circumstances;
8             (C) the person is missing under unknown
9         circumstances;
10             (D) the person is missing under known dangerous
11         circumstances;
12             (E) the person is missing more than 30 days;
13             (F) the person has already been designated as a
14         high-risk missing person by another law enforcement
15         agency;
16             (F-5) the person is a missing endangered senior as
17         defined in Section 2605-5 of the Department of State
18         Police Law of the Civil Administrative Code of
19         Illinois;
20             (G) there is evidence that the person is at risk
21         because:
22                 (i) the person is in need of medical attention
23             or prescription medication;
24                 (ii) the person does not have a pattern of
25             running away or disappearing;
26                 (iii) the person may have been abducted by a



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1             non-custodial parent;
2                 (iv) the person is mentally impaired;
3                 (v) the person is under the age of 21;
4                 (vi) the person has been the subject of past
5             threats or acts of violence;
6                 (vii) the person has eloped from a nursing
7             home; 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 a Silver Alert in cases involving
19         missing endangered seniors; or public dissemination of
20         photographs in appropriate high risk cases.
21 (Source: P.A. 95-192, eff. 8-16-07.)
22     Section 99. Effective date. This Act takes effect upon
23 becoming law.