Illinois General Assembly - Full Text of HB5023
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Full Text of HB5023  97th General Assembly

HB5023enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
HB5023 EnrolledLRB097 15087 KTG 60182 b

1    AN ACT concerning children.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. The State Finance Act is amended by changing
5Section 6a-5 as follows:
 
6    (30 ILCS 105/6a-5)  (from Ch. 127, par. 142a5)
7    Sec. 6a-5. All moneys received by the Department of State
8Police in the form of donations, monetary gifts, unexpended
9grant funds of I-SEARCH Units under Section 5 of the
10Intergovernmental Missing Child Recovery Act of 1984, or other
11financial assistance from private sources or individuals for
12the purposes of promoting and conducting programs or activities
13for the prevention or recovery of missing or exploited children
14shall be deposited into the Missing and Exploited Children
15Trust Fund. The Department may use those funds for activities
16or purposes to assist the Department in meeting its
17responsibilities relating to the Intergovernmental Missing
18Child Recovery Act of 1984, including the enforcement of laws
19relating to child exploitation, the investigation and
20prosecution of offenders of child exploitation laws, or for any
21other activity or purpose that will aid in the prevention of
22the exploitation of children or in the recovery of missing and
23exploited children, as deemed necessary by the Department. All

 

 

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1monies expended by the Department shall be appropriated by the
2General Assembly.
3(Source: P.A. 87-888.)
 
4    Section 3. The Abused and Neglected Child Reporting Act is
5amended by changing Section 4.3 as follows:
 
6    (325 ILCS 5/4.3)
7    Sec. 4.3. DCFS duty to report. The Department shall report
8the disappearance of any child under its custody or
9guardianship to the local law enforcement agency working in
10cooperation with the State Missing Persons Clearinghouse I
11SEARCH Unit located nearest the last known whereabouts of the
12child.
13(Source: P.A. 90-27, eff. 1-1-98.)
 
14    Section 5. The Intergovernmental Missing Child Recovery
15Act of 1984 is amended by changing Sections 2, 3, 3.5, 7, and 8
16as follows:
 
17    (325 ILCS 40/2)  (from Ch. 23, par. 2252)
18    Sec. 2. As used in this Act:
19    (a) "Department" means the Department of State Police.
20    (b) "Director" means the Director of the Department of
21State Police.
22    (c) "Unit of local government" is defined as in Article

 

 

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1VII, Section 1 of the Illinois Constitution and includes both
2home rule units and units which are not home rule units. The
3term is also defined to include all public school districts
4subject to the provisions of the School Code.
5    (d) "Child" means a person under 21 years of age.
6    (e) A "LEADS terminal" is an interactive computerized
7communication and processing unit which permits a direct
8on-line communication with the Department of State Police's
9central data repository, the Law Enforcement Agencies Data
10System (LEADS).
11    (f) A "primary contact agency" means a law enforcement
12agency which maintains a LEADS terminal, or has immediate
13access to one on a 24-hour-per-day, 7-day-per-week basis by
14written agreement with another law enforcement agency, and is
15designated by the I SEARCH policy board to be the agency
16responsible for coordinating the joint efforts between the
17Department of State Police and the I SEARCH program
18participants.
19    (g) (Blank) "Illinois State Enforcement Agencies to
20Recover Children Unit" or "I SEARCH Unit" means a combination
21of units of local government within a contiguous geographical
22area served by one or more LEADS terminals and established to
23collectively address the missing and exploited children
24problem in their respective geographical areas.
25    (h) "Missing child" means any person under 21 years of age
26whose whereabouts are unknown to his or her parents or legal

 

 

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1guardian.
2    (i) "Exploitation" means activities and actions which
3include, but are not limited to, child pornography, aggravated
4child pornography, child prostitution, child sexual abuse,
5drug and substance abuse by children, and child suicide.
6    (j) (Blank) "Participating agency" means a law enforcement
7agency that does not receive State funding, but signs an
8agreement of intergovernmental cooperation with the Department
9to perform the duties of an I SEARCH Unit.
10(Source: P.A. 96-1551, eff. 7-1-11.)
 
11    (325 ILCS 40/3)  (from Ch. 23, par. 2253)
12    Sec. 3. The Department shall establish a State Missing
13Persons Clearinghouse as a resource Each I SEARCH unit shall be
14established to promote an immediate and effective community
15response to missing children and may engage in, but shall not
16be limited to, the following activities:
17    (a) To establish and conduct programs to educate parents,
18children and communities in ways to prevent the abduction of
19children.
20    (b) To conduct training programs and distribute materials
21providing guidelines for children when dealing with strangers,
22casual acquaintances, or non-custodial parents, in order to
23avoid abduction or kidnapping situations.
24    (c) To compile, maintain and make available data upon the
25request of law enforcement agencies and other entities deemed

 

 

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1appropriate by the Department to assist enforcement agencies in
2recovering missing children, including but not limited to data
3regarding the places of shelter commonly used by runaway
4children in a requested geographical area the geographical area
5encompassed by the I SEARCH Unit.
6    (d) To draft and implement plans for the most efficient use
7of available resources to publicize information regarding and
8conduct searches for missing children.
9    (e) To establish and maintain contacts with other state
10missing persons clearinghouses I SEARCH Units, law enforcement
11agencies, and missing persons non-profit organizations the
12Department in order to increase the probability of locating and
13returning missing children, and to otherwise assist in the
14recovery and tracking of missing children.
15    (f) To coordinate the tracking and recovery of children
16under the custody or guardianship of the Department of Children
17and Family Services whose disappearance has been reported and
18to produce an annual report indicating the number of children
19under the custody or guardianship of that Department who have
20been reported missing and the number who have been recovered.
21    (g) To conduct other activities as may be necessary to
22achieve the goals established by this Act.
23(Source: P.A. 90-27, eff. 1-1-98.)
 
24    (325 ILCS 40/3.5)
25    Sec. 3.5. Contact with Department of Children and Family

 

 

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1Services. For each child reported missing and entered into the
2LEADS network as part of the I SEARCH program, the Department
3shall, in the form and manner it determines, contact the
4Department of Children and Family Services to provide it with
5the name, age, and sex of the child, and the geographic area
6from which the child was reported missing so that the
7Department of Children and Family Services can determine if
8that child had been abandoned within the previous 2 months.
9(Source: P.A. 89-213, eff. 1-1-96.)
 
10    (325 ILCS 40/7)  (from Ch. 23, par. 2257)
11    Sec. 7. (a) All law enforcement agencies and policing
12bodies of this State shall, upon receipt of a report of a
13missing person, enter that report into LEADS as soon as the
14minimum level of data specified pursuant to subsection (e) of
15Section 6 is available and shall furnish the Department, in the
16form and detail the Department requires, (1) reports of cases
17of lost, missing or runaway children as they arise and the
18disposition of such cases, (2) information relating to sex
19crimes which occurred in their respective jurisdictions and
20which they investigated, and (3) the names and addresses of sex
21offenders required to register in their respective
22jurisdictions under the Sex Offender Registration Act. Such
23information shall be submitted on a regular basis, as deemed
24necessary by the Department, and shall be kept in a central
25automated data repository for the purpose of establishing

 

 

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1profiles of sex offenders and victims and to assist all law
2enforcement agencies in the identification and apprehension of
3sex offenders.
4    (b) In addition to entering the report of a missing child
5into LEADS as prescribed by subsection (a), all law enforcement
6agencies shall, upon receipt of a report of a missing child:
7        (1) Immediately make a radio dispatch to officers on
8    duty at the time of receipt of the report. The dispatch
9    shall contain the name and approximate age of the missing
10    child and any other pertinent information available at that
11    time. In the event that the law enforcement agency
12    receiving the report of the missing child does not operate
13    a radio dispatch system, a geographically appropriate
14    radio dispatch system shall be used, such as the Illinois
15    State Police Emergency Radio Network or a similar
16    multi-agency law enforcement radio communication system
17    serving the area of the reporting agency.
18        In addition, in the event that a missing child is not
19    recovered during the work shift in which the radio dispatch
20    was made, the law enforcement agency receiving the report
21    of the missing child shall disseminate the information
22    relating to the missing child to all sworn personnel
23    employed by the agency who work or are assigned to other
24    shifts or time periods.
25        (2) Immediately contact State Missing Persons
26    Clearinghouse I-SEARCH program personnel designated by the

 

 

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1    Department, by a means and in a manner and form prescribed
2    by the Department, informing the personnel of the report of
3    the missing child.
4(Source: P.A. 89-8, eff. 1-1-96.)
 
5    (325 ILCS 40/8)  (from Ch. 23, par. 2258)
6    Sec. 8. The Director shall report by June 30 December 31 of
7each year to the Governor and the General Assembly on the
8operations of the State Missing Persons Clearinghouse
9statewide I SEARCH program including a breakdown of the
10appropriation for the previous calendar year fiscal year
11indicating the amount of the State grant each I SEARCH unit
12received.
13(Source: P.A. 85-214.)
 
14    (325 ILCS 40/4 rep.)
15    (325 ILCS 40/5 rep.)
16    Section 10. The Intergovernmental Missing Child Recovery
17Act of 1984 is amended by repealing Sections 4 and 5.
 
18    Section 99. Effective date. This Act takes effect January
191, 2013.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    30 ILCS 105/6a-5from Ch. 127, par. 142a5
4    325 ILCS 5/4.3
5    325 ILCS 40/2from Ch. 23, par. 2252
6    325 ILCS 40/3from Ch. 23, par. 2253
7    325 ILCS 40/3.5
8    325 ILCS 40/7from Ch. 23, par. 2257
9    325 ILCS 40/8from Ch. 23, par. 2258
10    325 ILCS 40/4 rep.
11    325 ILCS 40/5 rep.