96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3915

 

Introduced 2/26/2009, by Rep. Emily McAsey

 

SYNOPSIS AS INTRODUCED:
 
325 ILCS 40/6   from Ch. 23, par. 2256

    Amends the Intergovernmental Missing Child Recovery Act of 1984. Provides that the Department of State Police shall develop and implement a policy whereby a statewide or regional alert would be used in situations relating to sex offenses committed by child sex offenders or violent offenses against youth in which the offenders have not been apprehended utilizing the information about child sex offenders and violent offenders against youth entered into LEADS.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3915 LRB096 10654 RLC 20827 b

1     AN ACT concerning children.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Intergovernmental Missing Child Recovery
5 Act of 1984 is amended by changing Section 6 as follows:
 
6     (325 ILCS 40/6)  (from Ch. 23, par. 2256)
7     Sec. 6. The Department shall:
8     (a) Establish and maintain a statewide Law Enforcement
9 Agencies Data System (LEADS) for the purpose of effecting an
10 immediate law enforcement response to reports of missing
11 children. The Department shall implement an automated data
12 exchange system to compile, to maintain and to make available
13 for dissemination to Illinois and out-of-State law enforcement
14 agencies, data which can assist appropriate agencies in
15 recovering missing children.
16     (b) Establish contacts and exchange information regarding
17 lost, missing or runaway children with nationally recognized
18 "missing person and runaway" service organizations and monitor
19 national research and publicize important developments.
20     (c) Provide a uniform reporting format for the entry of
21 pertinent information regarding reports of missing children
22 into LEADS.
23     (d) Develop and implement a policy whereby a statewide or

 

 

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1 regional alert would be used in situations relating to the
2 disappearances of children, based on criteria and in a format
3 established by the Department. Such a format shall include, but
4 not be limited to, the age and physical description of the
5 missing child and the suspected circumstances of the
6 disappearance.
7     (d-5) Develop and implement a policy whereby a statewide or
8 regional alert would be used in situations relating to sex
9 offenses committed by child sex offenders as defined in Section
10 11-9.4 of the Criminal Code of 1961 or violent offenses against
11 youth as defined in Section 5 of the Child Murderer and Violent
12 Offender Against Youth Registration Act in which the offenders
13 have not been apprehended utilizing the information entered
14 into LEADS under paragraphs (k) and (l) of this Section.
15     (e) Notify all law enforcement agencies that reports of
16 missing persons shall be entered as soon as the minimum level
17 of data specified by the Department is available to the
18 reporting agency and that no waiting period for entry of such
19 data exists.
20     (f) Provide a procedure for prompt confirmation of the
21 receipt and entry of the missing child report into LEADS to the
22 parent or guardian of the missing child.
23     (g) Compile and retain information regarding missing
24 children in a separate data file, in a manner that allows such
25 information to be used by law enforcement and other agencies
26 deemed appropriate by the Director, for investigative

 

 

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1 purposes. Such files shall be updated to reflect and include
2 information relating to the disposition of the case.
3     (h) Compile and maintain an historic data repository
4 relating to missing children in order (1) to develop and
5 improve techniques utilized by law enforcement agencies when
6 responding to reports of missing children and (2) to provide a
7 factual and statistical base for research that would address
8 the problem of missing children.
9     (i) Create a quality control program to monitor timeliness
10 of entries of missing children reports into LEADS and conduct
11 performance audits of all entering agencies.
12     (j) Prepare a periodic information bulletin concerning
13 missing children who it determines may be present in this
14 State, compiling such bulletin from information contained in
15 both the National Crime Information Center computer and from
16 reports, alerts and other information entered into LEADS or
17 otherwise compiled and retained by the Department pursuant to
18 this Act. The bulletin shall indicate the name, age, physical
19 description, suspected circumstances of disappearance if that
20 information is available, a photograph if one is available, the
21 name of the law enforcement agency investigating the case, and
22 such other information as the Director considers appropriate
23 concerning each missing child who the Department determines may
24 be present in this State. The Department shall send a copy of
25 each periodic information bulletin to the State Board of
26 Education for its use in accordance with Section 2-3.48 of the

 

 

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1 School Code. The Department shall provide a copy of the
2 bulletin, upon request, to law enforcement agencies of this or
3 any other state or of the federal government, and may provide a
4 copy of the bulletin, upon request, to other persons or
5 entities, if deemed appropriate by the Director, and may
6 establish limitations on its use and a reasonable fee for so
7 providing the same, except that no fee shall be charged for
8 providing the periodic information bulletin to the State Board
9 of Education, appropriate units of local government, State
10 agencies, or law enforcement agencies of this or any other
11 state or of the federal government.
12     (k) Provide for the entry into LEADS of the names and
13 addresses of sex offenders as defined in the Sex Offender
14 Registration Act, including child sex offenders as defined in
15 Section 11-9.4 of the Criminal Code of 1961, who are required
16 to register under that Act. The information shall be
17 immediately accessible to law enforcement agencies and peace
18 officers of this State or any other state or of the federal
19 government. Similar information may be requested from any other
20 state or of the federal government for purposes of this Act.
21     (l) Provide for the entry into LEADS of the names and
22 addresses of violent offenders against youth as defined in the
23 Child Murderer and Violent Offender Against Youth Registration
24 Act who are required to register under that Act. The
25 information shall be immediately accessible to law enforcement
26 agencies and peace officers of this State or any other state or

 

 

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1 of the federal government. Similar information may be requested
2 from any other state or of the federal government for purposes
3 of this Act.
4 (Source: P.A. 94-945, eff. 6-27-06.)