Judiciary II - Criminal Law Committee

Filed: 5/7/2009





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2     AMENDMENT NO. ______. Amend Senate Bill 27 by replacing
3 everything after the enacting clause with the following:
4     "Section 5. The Department of State Police Law of the Civil
5 Administrative Code of Illinois is amended by adding Section
6 2605-485 as follows:
7     (20 ILCS 2605/2605-485 new)
8     Sec. 2605-485. Endangered Missing Person Advisory.
9     (a) A coordinated program known as the Endangered Missing
10 Person Advisory is established within the Department of State
11 Police. The purpose of the Endangered Missing Person Advisory
12 is to provide a regional system for the rapid dissemination of
13 information regarding a missing person who is believed to be a
14 high-risk missing person as defined in Section 10 of the
15 Missing Persons Identification Act.
16     (b) The AMBER Plan Task Force, established under Section



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1 2605-480 of the Department of State Police Law, shall serve as
2 the task force for the Endangered Missing Person Advisory. The
3 AMBER Plan Task Force shall monitor and review the
4 implementation and operation of the regional system developed
5 under subsection (a), including procedures, budgetary
6 requirements, and response protocols. The AMBER Plan Task Force
7 shall also develop additional network resources for use in the
8 system.
9     (c) The Department of State Police, in coordination with
10 the Illinois Department on Aging, shall develop and implement a
11 community outreach program to promote awareness among the
12 State's healthcare facilities, nursing homes, assisted living
13 facilities, and other senior centers. The guidelines and
14 procedures shall ensure that specific health information about
15 the missing person is not made public through the alert or
16 otherwise.
17     (d) The Child Safety Coordinator, created under Section
18 2605-480 of the Department of State Police Law, shall act in
19 the dual capacity of Child Safety Coordinator and Endangered
20 Missing Person Coordinator. The Coordinator shall assist in the
21 establishment of State standards and monitor the availability
22 of federal funding that may become available to further the
23 objectives of the Endangered Missing Person Advisory. The
24 Department shall provide technical assistance for the
25 Coordinator from its existing resources.



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1     Section 10. The Missing Persons Identification Act is
2 amended by changing Section 10 as follows:
3     (50 ILCS 722/10)
4     Sec. 10. Law enforcement analysis and reporting of missing
5 person information.
6     (a) Prompt determination of high-risk missing person.
7         (1) Definition. "High-risk missing person" means a
8     person whose whereabouts are not currently known and whose
9     circumstances indicate that the person may be at risk of
10     injury or death. The circumstances that indicate that a
11     person is a high-risk missing person include, but are not
12     limited to, any of the following:
13             (A) the person is missing as a result of a stranger
14         abduction;
15             (B) the person is missing under suspicious
16         circumstances;
17             (C) the person is missing under unknown
18         circumstances;
19             (D) the person is missing under known dangerous
20         circumstances;
21             (E) the person is missing more than 30 days;
22             (F) the person has already been designated as a
23         high-risk missing person by another law enforcement
24         agency;
25             (G) there is evidence that the person is at risk



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1         because:
2                 (i) the person is in need of medical attention,
3             including but not limited to persons with
4             dementia-like symptoms, or prescription
5             medication;
6                 (ii) the person does not have a pattern of
7             running away or disappearing;
8                 (iii) the person may have been abducted by a
9             non-custodial parent;
10                 (iv) the person is mentally impaired;
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 public dissemination of photographs in
2         appropriate high risk cases.
3 (Source: P.A. 95-192, eff. 8-16-07.)".