Full Text of HB2708 101st General Assembly
HB2708sam003 101ST GENERAL ASSEMBLY | Sen. Antonio Muñoz Filed: 5/16/2019
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| 1 | | AMENDMENT TO HOUSE BILL 2708
| 2 | | AMENDMENT NO. ______. Amend House Bill 2708, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Missing Persons Identification Act is | 6 | | amended by changing Sections 5 and 10 as follows: | 7 | | (50 ILCS 722/5) | 8 | | Sec. 5. Missing person reports. | 9 | | (a) Report acceptance. All law enforcement agencies shall | 10 | | accept without delay any report of a missing person and may | 11 | | attempt to obtain a DNA sample from the missing person or a DNA | 12 | | reference sample created from family members' DNA samples for | 13 | | submission under paragraph (1) of subsection (c) of Section 10 . | 14 | | Acceptance of a missing person report filed in person may not | 15 | | be refused on any ground. No law enforcement agency may refuse | 16 | | to accept a missing person report: |
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| 1 | | (1) on the basis that the missing person is an adult; | 2 | | (2) on the basis that the circumstances do not indicate | 3 | | foul play; | 4 | | (3) on the basis that the person has been missing for a | 5 | | short period of time; | 6 | | (4) on the basis that the person has been missing a | 7 | | long period of time; | 8 | | (5) on the basis that there is no indication that the | 9 | | missing person was in the jurisdiction served by the law | 10 | | enforcement agency at the time of the disappearance; | 11 | | (6) on the basis that the circumstances suggest that | 12 | | the disappearance may be voluntary; | 13 | | (7) on the basis that the reporting individual does not | 14 | | have personal knowledge of the facts; | 15 | | (8) on the basis that the reporting individual cannot | 16 | | provide all of the information requested by the law | 17 | | enforcement agency; | 18 | | (9) on the basis that the reporting individual lacks a | 19 | | familial or other relationship with the missing person; | 20 | | (9-5) on the basis of the missing person's mental state | 21 | | or medical condition; or | 22 | | (10) for any other reason. | 23 | | (b) Manner of reporting. All law enforcement agencies shall | 24 | | accept missing person reports in person. Law enforcement | 25 | | agencies are encouraged to accept reports by phone or by | 26 | | electronic or other media to the extent that such reporting is |
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| 1 | | consistent with law enforcement policies or practices. | 2 | | (c) Contents of report. In accepting a report of a missing | 3 | | person, the law enforcement agency shall attempt to gather | 4 | | relevant information relating to the disappearance. The law | 5 | | enforcement agency shall attempt to gather at the time of the | 6 | | report information that shall include, but shall not be limited | 7 | | to, the following: | 8 | | (1) the name of the missing person, including | 9 | | alternative names used; | 10 | | (2) the missing person's date of birth; | 11 | | (3) the missing person's identifying marks, such as | 12 | | birthmarks, moles, tattoos, and scars; | 13 | | (4) the missing person's height and weight; | 14 | | (5) the missing person's gender; | 15 | | (6) the missing person's race; | 16 | | (7) the missing person's current hair color and true or | 17 | | natural hair color; | 18 | | (8) the missing person's eye color; | 19 | | (9) the missing person's prosthetics, surgical | 20 | | implants, or cosmetic implants; | 21 | | (10) the missing person's physical anomalies; | 22 | | (11) the missing person's blood type, if known; | 23 | | (12) the missing person's driver's license number, if | 24 | | known; | 25 | | (13) the missing person's social security number, if | 26 | | known; |
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| 1 | | (14) a photograph of the missing person; recent | 2 | | photographs are preferable and the agency is encouraged to | 3 | | attempt to ascertain the approximate date the photograph | 4 | | was taken; | 5 | | (15) a description of the clothing the missing person | 6 | | was believed to be wearing; | 7 | | (16) a description of items that might be with the | 8 | | missing person, such as jewelry, accessories, and shoes or | 9 | | boots; | 10 | | (17) information on the missing person's electronic | 11 | | communications devices, such as cellular telephone numbers | 12 | | and e-mail addresses; | 13 | | (18) the reasons why the reporting individual believes | 14 | | that the person is missing; | 15 | | (19)
the name and location of the missing person's | 16 | | school or employer, if known;
| 17 | | (20) the name and location of the missing person's | 18 | | dentist or primary care physician or provider, or both, if | 19 | | known; | 20 | | (21) any circumstances that may indicate that the | 21 | | disappearance was not voluntary; | 22 | | (22) any circumstances that may indicate that the | 23 | | missing person may be at risk of injury or death; | 24 | | (23) a description of the possible means of | 25 | | transportation of the missing person, including make, | 26 | | model, color, license number, and Vehicle Identification |
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| 1 | | Number of a vehicle; | 2 | | (24) any identifying information about a known or | 3 | | possible abductor or person last seen with the missing | 4 | | person, or both, including: | 5 | | (A) name; | 6 | | (B) a physical description; | 7 | | (C) date of birth; | 8 | | (D) identifying marks; | 9 | | (E) the description of possible means of | 10 | | transportation, including make, model, color, license | 11 | | number, and Vehicle Identification Number of a | 12 | | vehicle; | 13 | | (F) known associates; | 14 | | (25) any other information that may aid in locating the | 15 | | missing person; and | 16 | | (26) the date of last contact ; . | 17 | | (27) a DNA sample of the missing person; and | 18 | | (28) a DNA reference sample created from family | 19 | | members' DNA samples for submission under paragraph (1) of | 20 | | subsection (c) of Section 10. | 21 | | (d) Notification and follow up action. | 22 | | (1) Notification. The law enforcement agency shall | 23 | | notify the person making the report, a family member, or | 24 | | other person in a position to assist the law enforcement | 25 | | agency in its efforts to locate the missing person of the | 26 | | following: |
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| 1 | | (A) general information about the handling of the | 2 | | missing person case or about intended efforts in the | 3 | | case to the extent that the law enforcement agency | 4 | | determines that disclosure would not adversely affect | 5 | | its ability to locate or protect the missing person or | 6 | | to apprehend or prosecute any person criminally | 7 | | involved in the disappearance; | 8 | | (B) that the person should promptly contact the law | 9 | | enforcement agency if the missing person remains | 10 | | missing in order to provide additional information and | 11 | | materials that will aid in locating the missing person | 12 | | such as the missing person's credit cards, debit cards, | 13 | | banking information, and cellular telephone records; | 14 | | and | 15 | | (C) that any DNA samples provided for the missing | 16 | | person case are provided on a voluntary basis and will | 17 | | be used solely to help locate or identify the missing | 18 | | person and will not be used for any other purpose. | 19 | | The law enforcement agency, upon acceptance of a | 20 | | missing person report, shall inform the reporting citizen | 21 | | of one of 2 resources, based upon the age of the missing | 22 | | person. If the missing person is under 18 years of age, | 23 | | contact information for the National Center for Missing and | 24 | | Exploited Children shall be given. If the missing person is | 25 | | age 18 or older, contact information for the National | 26 | | Missing and Unidentified Persons System (NamUs) |
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| 1 | | organization Center for Missing Adults shall be given. | 2 | | Agencies handling the remains of a missing person who | 3 | | is deceased must notify the agency handling the missing | 4 | | person's case. Documented efforts must be made to locate | 5 | | family members of the deceased person to inform them of the | 6 | | death and location of the remains of their family member. | 7 | | The law enforcement agency is encouraged to make | 8 | | available informational materials, through publications or | 9 | | electronic or other media, that advise the public about how | 10 | | the information or materials identified in this subsection | 11 | | are used to help locate or identify missing persons. | 12 | | (2) Follow up action. If the person identified in the | 13 | | missing person report remains missing after 30 days, but | 14 | | not more than 60 days, the law enforcement agency shall | 15 | | generate a report of the missing person within the National | 16 | | Missing and Unidentified Persons System (NamUs), and the | 17 | | law enforcement agency shall attempt to obtain the | 18 | | additional information and materials that have not been | 19 | | received, specified below and the additional information | 20 | | and materials specified below have not been received, the | 21 | | law enforcement agency shall attempt to obtain : | 22 | | (A) DNA samples from family members or from the | 23 | | missing person along with any needed documentation, or | 24 | | both, including any consent forms, required for the use | 25 | | of State or federal DNA databases, including, but not | 26 | | limited to, the Local DNA Index System (LDIS), State |
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| 1 | | DNA Index System (SDIS), and National DNA Index System | 2 | | (NDIS) , and National Missing and Unidentified Persons | 3 | | System (NamUs) partner laboratories ; | 4 | | (B) an authorization to release dental or skeletal | 5 | | x-rays of the missing person; | 6 | | (C) any additional photographs of the missing | 7 | | person that may aid the investigation or an | 8 | | identification; the law enforcement agency is not | 9 | | required to obtain written authorization before it | 10 | | releases publicly any photograph that would aid in the | 11 | | investigation or identification of the missing person; | 12 | | (D) dental information and x-rays; and | 13 | | (E) fingerprints. | 14 | | (3) Samples collected for DNA analysis shall be | 15 | | submitted to a National Missing and Unidentified Persons | 16 | | System (NamUs) partner laboratory or other resource where | 17 | | DNA profiles are entered into local, State, and national | 18 | | DNA Index Systems within 30 days All DNA samples obtained | 19 | | in missing person cases shall be immediately forwarded to | 20 | | the Department of State Police for analysis . The Department | 21 | | of State Police shall establish procedures for determining | 22 | | how to prioritize analysis of the samples relating to | 23 | | missing person cases. All DNA samples obtained in missing | 24 | | person cases from family members of the missing person | 25 | | shall not be retained after
the location or identification | 26 | | of the remains of the
missing person unless there is a |
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| 1 | | search warrant signed by a
court of competent jurisdiction. | 2 | | (4) This subsection shall not be interpreted to | 3 | | preclude a law enforcement agency from attempting to obtain | 4 | | the materials identified in this subsection before the | 5 | | expiration of the 30-day period. The responsible law | 6 | | enforcement agency shall make a National Missing and | 7 | | Unidentified Persons System (NamUs) report on the missing | 8 | | person within 60 days after the report of the disappearance | 9 | | of the missing person. | 10 | | (5) Law enforcement agencies are encouraged to | 11 | | establish written protocols for the handling of missing | 12 | | person cases to accomplish the purposes of this Act.
| 13 | | (Source: P.A. 99-244, eff. 1-1-16; 99-581, eff. 1-1-17 .) | 14 | | (50 ILCS 722/10)
| 15 | | Sec. 10. Law enforcement analysis and reporting of missing | 16 | | person information. | 17 | | (a) Prompt determination and definition of a high-risk | 18 | | missing person. | 19 | | (1) Definition. "High-risk missing person" means a | 20 | | person whose whereabouts are not currently known and whose | 21 | | circumstances indicate that the person may be at risk of | 22 | | injury or death. The circumstances that indicate that a | 23 | | person is a high-risk missing person include, but are not | 24 | | limited to, any of the following: | 25 | | (A) the person is missing as a result of a stranger |
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| 1 | | abduction; | 2 | | (B) the person is missing under suspicious | 3 | | circumstances; | 4 | | (C) the person is missing under unknown | 5 | | circumstances; | 6 | | (D) the person is missing under known dangerous | 7 | | circumstances; | 8 | | (E) the person is missing more than 30 days; | 9 | | (F) the person has already been designated as a | 10 | | high-risk missing person by another law enforcement | 11 | | agency; | 12 | | (G) there is evidence that the person is at risk | 13 | | because: | 14 | | (i) the person is in need of medical attention, | 15 | | including but not limited to persons with | 16 | | dementia-like symptoms, or prescription | 17 | | medication; | 18 | | (ii) the person does not have a pattern of | 19 | | running away or disappearing; | 20 | | (iii) the person may have been abducted by a | 21 | | non-custodial parent; | 22 | | (iv) the person is mentally impaired, | 23 | | including, but not limited to, a person having a | 24 | | developmental disability, as defined in Section | 25 | | 1-106 of the Mental Health and Developmental | 26 | | Disabilities Code, or a person having an |
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| 1 | | intellectual disability, as defined in Section | 2 | | 1-116 of the Mental Health and Developmental | 3 | | Disabilities Code; | 4 | | (v) the person is under the age of 21; | 5 | | (vi) the person has been the subject of past | 6 | | threats or acts of violence; | 7 | | (vii) the person has eloped from a nursing | 8 | | home; | 9 | | (G-5) the person is a veteran or active duty member | 10 | | of the United States Armed Forces, the National Guard, | 11 | | or any reserve component of the United States Armed | 12 | | Forces who is believed to have a physical or mental | 13 | | health condition that is related to his or her service; | 14 | | or | 15 | | (H) any other factor that may, in the judgment of | 16 | | the law enforcement official, indicate that the | 17 | | missing person may be at risk. | 18 | | (b) (2) Law enforcement risk assessment. | 19 | | (1) (A) Upon initial receipt of a missing person | 20 | | report, the law enforcement agency shall immediately | 21 | | determine whether there is a basis to determine that the | 22 | | missing person is a high-risk missing person. | 23 | | (2) (B) If a law enforcement agency has previously | 24 | | determined that a missing person is not a high-risk missing | 25 | | person, but obtains new information, it shall immediately | 26 | | determine whether the information indicates that the |
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| 1 | | missing person is a high-risk missing person. | 2 | | (3) (C) Law enforcement agencies are encouraged to | 3 | | establish written protocols for the handling of missing | 4 | | person cases to accomplish the purposes of this Act. | 5 | | (c) Law enforcement reporting (3) Law enforcement agency | 6 | | reports . | 7 | | (1) (A) The responding local law enforcement agency | 8 | | shall immediately enter all collected information relating | 9 | | to the missing person case in the Law Enforcement Agencies | 10 | | Data System (LEADS) and the National Crime Information | 11 | | Center (NCIC) databases and the National Missing and | 12 | | Unidentified Persons System (NamUs) within 45 days after | 13 | | the receipt of the report, or in the case of a high risk | 14 | | missing person, within 30 days after the receipt of the | 15 | | report. If the DNA sample submission is to a National | 16 | | Missing and Unidentified Persons System (NamUs) partner | 17 | | laboratory, the DNA profile shall be uploaded by the | 18 | | partner laboratory to the National DNA Index System (NDIS) . | 19 | | A packet submission of all relevant reports and DNA samples | 20 | | shall be sent to the National Missing and Unidentified | 21 | | Persons System (NamUs) within 30 days for any high-risk | 22 | | missing person cases. The information shall be provided in | 23 | | accordance with applicable guidelines relating to the | 24 | | databases. The information shall be entered as follows: | 25 | | (A) If Department of State Police laboratories are | 26 | | utilized in lieu of National Missing and Unidentified |
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| 1 | | Persons System (NamUs) partner laboratories, all (i) | 2 | | All appropriate DNA profiles, as determined by the | 3 | | Department of State Police, shall be uploaded into the | 4 | | missing person databases of the State DNA Index System | 5 | | (SDIS) and National DNA Index System (NDIS) after | 6 | | completion of the DNA analysis and other procedures | 7 | | required for database entry. The responding local law | 8 | | enforcement agency shall submit any DNA samples | 9 | | voluntarily obtained from family members to a National | 10 | | Missing and Unidentified Persons System (NamUs) | 11 | | partner laboratory for DNA analysis within 30 days. A | 12 | | notation of DNA submission shall be made within the | 13 | | National Missing and Unidentified Persons System | 14 | | (NamUs) record. | 15 | | (B) (ii) Information relevant to the Federal | 16 | | Bureau of Investigation's Violent Criminal | 17 | | Apprehension Program shall be entered as soon as | 18 | | possible. | 19 | | (C) (iii) The Department of State Police shall | 20 | | ensure that persons entering data relating to medical | 21 | | or dental records in State or federal databases are | 22 | | specifically trained to understand and correctly enter | 23 | | the information sought by these databases. The | 24 | | Department of State Police shall either use a person | 25 | | with specific expertise in
medical or dental records | 26 | | for this purpose or consult with a chief medical |
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| 1 | | examiner, forensic anthropologist, or odontologist to | 2 | | ensure the accuracy and completeness of information | 3 | | entered into the State and federal databases.
| 4 | | (2) (B) The Department of State Police shall | 5 | | immediately notify all law enforcement agencies within | 6 | | this State and the surrounding region of the information | 7 | | that will aid in the prompt location and safe return of the | 8 | | high-risk missing person. | 9 | | (3) (C) The local law enforcement agencies that receive | 10 | | the notification from the Department of State Police shall | 11 | | notify officers to be on the lookout for the missing person | 12 | | or a suspected abductor. | 13 | | (4) (D) Pursuant to any applicable State criteria, | 14 | | local law enforcement agencies shall also provide for the | 15 | | prompt use of an Amber Alert in cases involving abducted | 16 | | children; or use of the Endangered Missing Person Advisory | 17 | | in appropriate high risk cases.
| 18 | | (Source: P.A. 100-631, eff. 1-1-19; 100-662, eff. 1-1-19; | 19 | | 100-835, eff. 1-1-19; revised 9-28-18.)
| 20 | | Section 99. Effective date. This Act takes effect January | 21 | | 1, 2020.".
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