Illinois General Assembly - Full Text of SB2265
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Full Text of SB2265  100th General Assembly

SB2265enr 100TH GENERAL ASSEMBLY

  
  
  

 


 
SB2265 EnrolledLRB100 15527 RJF 30574 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
62605-375 and 2605-485 as follows:
 
7    (20 ILCS 2605/2605-375)  (was 20 ILCS 2605/55a in part)
8    Sec. 2605-375. Missing persons; Law Enforcement Agencies
9Data System (LEADS).
10    (a) To establish and maintain a statewide Law Enforcement
11Agencies Data System (LEADS) for the purpose of providing
12electronic access by authorized entities to criminal justice
13data repositories and effecting an immediate law enforcement
14response to reports of missing persons, including lost, missing
15or runaway minors, lost or missing individuals with
16developmental or intellectual disabilities, and missing
17endangered seniors. The Department shall implement an
18automatic data exchange system to compile, to maintain, and to
19make available to other law enforcement agencies for immediate
20dissemination data that can assist appropriate agencies in
21recovering missing persons and provide access by authorized
22entities to various data repositories available through LEADS
23for criminal justice and related purposes. To assist the

 

 

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1Department in this effort, funds may be appropriated from the
2LEADS Maintenance Fund. Funds may be appropriated from the
3LEADS Maintenance Fund to the Department to finance any of its
4lawful purposes or functions in relation to defraying the
5expenses associated with establishing, maintaining, and
6supporting the issuance of electronic citations.
7    (b) In exercising its duties under this Section, the
8Department shall provide a uniform reporting format (LEADS) for
9the entry of pertinent information regarding the report of a
10missing person into LEADS. The report must include all of the
11following:
12        (1) Relevant information obtained from the
13    notification concerning the missing person, including all
14    of the following:
15            (A) a physical description of the missing person;
16            (B) the date, time, and place that the missing
17        person was last seen; and
18            (C) the missing person's address.
19        (2) Information gathered by a preliminary
20    investigation, if one was made.
21        (3) A statement by the law enforcement officer in
22    charge stating the officer's assessment of the case based
23    on the evidence and information received.
24    (b-5) The Department of State Police shall:
25        (1) Develop and implement a policy whereby a statewide
26    or regional alert would be used in situations relating to

 

 

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1    the disappearances of individuals, based on criteria and in
2    a format established by the Department. Such a format shall
3    include, but not be limited to, the age of the missing
4    person and the suspected circumstance of the
5    disappearance.
6        (2) Notify all law enforcement agencies that reports of
7    missing persons shall be entered as soon as the minimum
8    level of data specified by the Department is available to
9    the reporting agency and that no waiting period for the
10    entry of the data exists.
11        (3) Compile and retain information regarding lost,
12    abducted, missing, or runaway minors in a separate data
13    file, in a manner that allows that information to be used
14    by law enforcement and other agencies deemed appropriate by
15    the Director, for investigative purposes. The information
16    shall include the disposition of all reported lost,
17    abducted, missing, or runaway minor cases.
18        (4) Compile and maintain an historic data repository
19    relating to lost, abducted, missing, or runaway minors and
20    other missing persons, including, but not limited to, lost
21    or missing individuals with developmental or intellectual
22    disabilities and missing endangered seniors, in order to
23    develop and improve techniques utilized by law enforcement
24    agencies when responding to reports of missing persons.
25        (5) Create a quality control program regarding
26    confirmation of missing person data, timeliness of entries

 

 

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1    of missing person reports into LEADS, and performance
2    audits of all entering agencies.
3    (c) The Illinois Law Enforcement Training Standards Board
4shall conduct a training program for law enforcement personnel
5of local governmental agencies in the Missing Persons
6Identification Act.
7    (d) The Department of State Police shall perform the duties
8prescribed in the Missing Persons Identification Act, subject
9to appropriation.
10(Source: P.A. 97-402, eff. 8-16-11.)
 
11    (20 ILCS 2605/2605-485)
12    Sec. 2605-485. Endangered Missing Person Advisory.
13    (a) A coordinated program known as the Endangered Missing
14Person Advisory is established within the Department of State
15Police. The purpose of the Endangered Missing Person Advisory
16is to provide a regional system for the rapid dissemination of
17information regarding a missing person who is believed to be a
18high-risk missing person as defined in Section 10 of the
19Missing Persons Identification Act.
20    (b) The AMBER Plan Task Force, established under Section
212605-480 of the Department of State Police Law, shall serve as
22the task force for the Endangered Missing Person Advisory. The
23AMBER Plan Task Force shall monitor and review the
24implementation and operation of the regional system developed
25under subsection (a), including procedures, budgetary

 

 

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1requirements, and response protocols. The AMBER Plan Task Force
2shall also develop additional network resources for use in the
3system.
4    (c) The Department of State Police, in coordination with
5the Illinois Department on Aging, shall develop and implement a
6community outreach program to promote awareness among the
7State's healthcare facilities, nursing homes, assisted living
8facilities, and other senior centers. The guidelines and
9procedures shall ensure that specific health information about
10the missing person is not made public through the alert or
11otherwise.
12    (c-5) Subject to appropriation, the Department of State
13Police, in coordination with the Illinois Department of Human
14Services, shall develop and implement a community outreach
15program to promote awareness of the Endangered Missing Person
16Advisory among applicable entities, including, but not limited
17to, developmental disability facilities as defined in Section
181-107 of the Mental Health and Developmental Disabilities Code.
19The guidelines and procedures shall ensure that specific health
20information about the missing person is not made public through
21the alert or otherwise.
22    (d) The Child Safety Coordinator, created under Section
232605-480 of the Department of State Police Law, shall act in
24the dual capacity of Child Safety Coordinator and Endangered
25Missing Person Coordinator. The Coordinator shall assist in the
26establishment of State standards and monitor the availability

 

 

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1of federal funding that may become available to further the
2objectives of the Endangered Missing Person Advisory. The
3Department shall provide technical assistance for the
4Coordinator from its existing resources.
5    (e)(1) The Department of State Police, in cooperation with
6the Silver Search Task Force, shall develop as part of the
7Endangered Missing Person Advisory a coordinated statewide
8awareness program and toolkit to be used when a person 21 years
9of age or older who is believed to have Alzheimer's disease,
10other related dementia, or other dementia-like cognitive
11impairment is reported missing, which shall be referred to as
12Silver Search.
13    (2) The Department shall complete development and
14deployment of the Silver Search Awareness Program and toolkit
15on or before July 1, 2017.
16    (3) The Department of State Police shall establish a Silver
17Search Task Force within 90 days after the effective date of
18this amendatory Act of the 99th General Assembly to assist the
19Department in development and deployment of the Silver Search
20Awareness Program and toolkit. The Task Force shall establish
21the criteria and create a toolkit, which may include usage of
22Department of Transportation signs, under Section 2705-505.6
23of the Department of Transportation Law of the Civil
24Administrative Code of Illinois. The Task Force shall monitor
25and review the implementation and operation of that program,
26including procedures, budgetary requirements, standards, and

 

 

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1minimum requirements for the training of law enforcement
2personnel on how to interact appropriately and effectively with
3individuals that suffer from Alzheimer's disease, other
4dementia, or other dementia-like cognitive impairment. The
5Task Force shall also develop additional network and financial
6resources for use in the system. The Task Force shall include,
7but is not limited to, one representative from each of the
8following:
9        (A) the Department of State Police;
10        (B) the Department on Aging;
11        (C) the Department of Public Health;
12        (D) the Illinois Law Enforcement Training Standards
13    Board;
14        (E) the Illinois Emergency Management Agency;
15        (F) the Secretary of State;
16        (G) the Department of Transportation;
17        (H) the Department of the Lottery;
18        (I) the Illinois Toll Highway Authority;
19        (J) a State association dedicated to Alzheimer's care,
20    support, and research;
21        (K) a State association dedicated to improving quality
22    of life for persons age 50 and over;
23        (L) a State group of area agencies involved in planning
24    and coordinating services and programs for older persons in
25    their respective areas;
26        (M) a State organization dedicated to enhancing

 

 

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1    communication and cooperation between sheriffs;
2        (N) a State association of police chiefs and other
3    leaders of police and public safety organizations;
4        (O) a State association representing Illinois
5    publishers;
6        (P) a State association that advocates for the
7    broadcast industry;
8        (Q) a member of a large wireless telephone carrier; and
9        (R) a member of a small wireless telephone carrier.
10    The members of the Task Force designated in subparagraphs
11(A) through (I) of this paragraph (3) shall be appointed by the
12head of the respective agency. The members of the Task Force
13designated in subparagraphs (J) through (R) of this paragraph
14(3) shall be appointed by the Director of State Police. The
15Director of State Police or his or her designee shall serve as
16Chair of the Task Force.
17    The Task Force shall meet at least twice a year and shall
18provide a report on the operations of the Silver Search Program
19to the General Assembly and the Governor each year by June 30.
20    (4) Subject to appropriation, the Department of State
21Police, in coordination with the Department on Aging and the
22Silver Search Task Force, shall develop and implement a
23community outreach program to promote awareness of the Silver
24Search Program as part of the Endangered Missing Person
25Advisory among law enforcement agencies, the State's
26healthcare facilities, nursing homes, assisted living

 

 

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1facilities, other senior centers, and the general population on
2or before January 1, 2017.
3    (5) The Child Safety Coordinator, created under Section
42605-480 of the Department of State Police Law of the Civil
5Administrative Code of Illinois, shall act in the capacity of
6Child Safety Coordinator, Endangered Missing Person
7Coordinator, and Silver Search Program Coordinator. The
8Coordinator, in conjunction with the members of the Task Force,
9shall assist the Department and the Silver Search Task Force in
10the establishment of State standards and monitor the
11availability of federal and private funding that may become
12available to further the objectives of the Endangered Missing
13Person Advisory and Silver Search Awareness Program. The
14Department shall provide technical assistance for the
15Coordinator from its existing resources.
16    (6) The Department of State Police shall provide
17administrative and other support to the Task Force.
18(Source: P.A. 99-322, eff. 1-1-16.)
 
19    Section 10. The Missing Persons Identification Act is
20amended by changing Section 10 as follows:
 
21    (50 ILCS 722/10)
22    Sec. 10. Law enforcement analysis and reporting of missing
23person information.
24    (a) Prompt determination of high-risk missing person.

 

 

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1        (1) Definition. "High-risk missing person" means a
2    person whose whereabouts are not currently known and whose
3    circumstances indicate that the person may be at risk of
4    injury or death. The circumstances that indicate that a
5    person is a high-risk missing person include, but are not
6    limited to, any of the following:
7            (A) the person is missing as a result of a stranger
8        abduction;
9            (B) the person is missing under suspicious
10        circumstances;
11            (C) the person is missing under unknown
12        circumstances;
13            (D) the person is missing under known dangerous
14        circumstances;
15            (E) the person is missing more than 30 days;
16            (F) the person has already been designated as a
17        high-risk missing person by another law enforcement
18        agency;
19            (G) there is evidence that the person is at risk
20        because:
21                (i) the person is in need of medical attention,
22            including but not limited to persons with
23            dementia-like symptoms, or prescription
24            medication;
25                (ii) the person does not have a pattern of
26            running away or disappearing;

 

 

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1                (iii) the person may have been abducted by a
2            non-custodial parent;
3                (iv) the person is mentally impaired,
4            including, but not limited to, a person having a
5            developmental disability, as defined in Section
6            1-106 of the Mental Health and Developmental
7            Disabilities Code, or a person having an
8            intellectual disability, as defined in Section
9            1-116 of the Mental Health and Developmental
10            Disabilities Code;
11                (v) the person is under the age of 21;
12                (vi) the person has been the subject of past
13            threats or acts of violence;
14                (vii) the person has eloped from a nursing
15            home; or
16            (H) any other factor that may, in the judgment of
17        the law enforcement official, indicate that the
18        missing person may be at risk.
19        (2) Law enforcement risk assessment.
20            (A) Upon initial receipt of a missing person
21        report, the law enforcement agency shall immediately
22        determine whether there is a basis to determine that
23        the missing person is a high-risk missing person.
24            (B) If a law enforcement agency has previously
25        determined that a missing person is not a high-risk
26        missing person, but obtains new information, it shall

 

 

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1        immediately determine whether the information
2        indicates that the missing person is a high-risk
3        missing person.
4            (C) Law enforcement agencies are encouraged to
5        establish written protocols for the handling of
6        missing person cases to accomplish the purposes of this
7        Act.
8        (3) Law enforcement agency reports.
9            (A) The responding local law enforcement agency
10        shall immediately enter all collected information
11        relating to the missing person case in the Law
12        Enforcement Agencies Data System (LEADS) and the
13        National Crime Information Center (NCIC) databases.
14        The information shall be provided in accordance with
15        applicable guidelines relating to the databases. The
16        information shall be entered as follows:
17                (i) All appropriate DNA profiles, as
18            determined by the Department of State Police,
19            shall be uploaded into the missing person
20            databases of the State DNA Index System (SDIS) and
21            National DNA Index System (NDIS) after completion
22            of the DNA analysis and other procedures required
23            for database entry.
24                (ii) Information relevant to the Federal
25            Bureau of Investigation's Violent Criminal
26            Apprehension Program shall be entered as soon as

 

 

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1            possible.
2                (iii) The Department of State Police shall
3            ensure that persons entering data relating to
4            medical or dental records in State or federal
5            databases are specifically trained to understand
6            and correctly enter the information sought by
7            these databases. The Department of State Police
8            shall either use a person with specific expertise
9            in medical or dental records for this purpose or
10            consult with a chief medical examiner, forensic
11            anthropologist, or odontologist to ensure the
12            accuracy and completeness of information entered
13            into the State and federal databases.
14            (B) The Department of State Police shall
15        immediately notify all law enforcement agencies within
16        this State and the surrounding region of the
17        information that will aid in the prompt location and
18        safe return of the high-risk missing person.
19            (C) The local law enforcement agencies that
20        receive the notification from the Department of State
21        Police shall notify officers to be on the lookout for
22        the missing person or a suspected abductor.
23            (D) Pursuant to any applicable State criteria,
24        local law enforcement agencies shall also provide for
25        the prompt use of an Amber Alert in cases involving
26        abducted children; or use of the Endangered Missing

 

 

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1        Person Advisory in appropriate high risk cases.
2(Source: P.A. 95-192, eff. 8-16-07; 96-149, eff. 1-1-10.)