Illinois General Assembly - Full Text of SB2292
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Full Text of SB2292  103rd General Assembly

SB2292 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2292

 

Introduced 2/10/2023, by Sen. Julie A. Morrison

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Gun Trafficking Information Act. Provides that the Illinois State Police shall use all reasonable efforts in making publicly available key information related to firearms used in the commission of crimes in this State which are reported to and investigated by the Illinois State Police. Amends the Illinois State Police Law of the Civil Administrative Code of Illinois. Adds duties to various Divisions of the Illinois State Police. Amends the Illinois State Police Act. Provides that the Illinois State Police shall divide the State into district, zones, or troops (rather than districts). Amends the Illinois State Police Radio Act. Makes changes relating to the STARCOM21 Oversight Committee. Amends the State Finance Act. Abolishes the State Police Streetgang-Related Crime Fund. Provides for the transfer of the remaining balance from the State Police Streetgang-Related Crime Fund to the State Police Operations Assistance Fund. Amends the Intergovernmental Missing Child Recovery Act of 1984. Provides that the Illinois State Police's quality control program shall assess (rather than monitor) the timeliness of entries of missing children reports into LEADS and conduct performance audits of all entering agencies. Amends the Sex Offender Registration Act. Provides for the transfer of the remaining balance from the Sex Offender Investigation Fund to the Offender Registration Fund. Provides that, upon completion of the transfers, the Sex Offender Investigation Fund is dissolved, and any future deposits into the Sex Offender Investigation Fund and any outstanding obligations or liabilities of the Sex Offender Investigation Fund pass to the Offender Registration Fund. Effective immediately, except that some provisions take effect January 1, 2024.


LRB103 29185 AWJ 55572 b

 

 

A BILL FOR

 

SB2292LRB103 29185 AWJ 55572 b

1    AN ACT concerning the Illinois State Police.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Gun Trafficking Information Act is amended
5by changing Section 10-5 as follows:
 
6    (5 ILCS 830/10-5)
7    Sec. 10-5. Gun trafficking information.
8    (a) The Illinois State Police shall use all reasonable
9efforts (as allowed by State law and regulations, federal law
10and regulations, and executed Memoranda of Understanding
11between Illinois law enforcement agencies and the U.S. Bureau
12of Alcohol, Tobacco, Firearms and Explosives) in making
13publicly available, on a regular and ongoing basis, key
14information related to firearms used in the commission of
15crimes in this State that are reported to and investigated by
16the Illinois State Police, including, but not limited to:
17reports on crimes committed with firearms, locations where the
18crimes occurred, the number of persons killed or injured in
19the commission of the crimes, the state where the firearms
20used originated, the Federal Firearms Licensee that sold the
21firearm, the type of firearms used (if known), annual
22statistical information concerning Firearm Owner's
23Identification Card and concealed carry license applications,

 

 

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1revocations, and compliance with Section 9.5 of the Firearm
2Owners Identification Card Act, firearm restraining order
3dispositions, and firearm dealer license certification
4inspections. The Illinois State Police shall make the
5information available on its website, which may be presented
6in a dashboard format, in addition to electronically filing a
7report with the Governor and the General Assembly. The report
8to the General Assembly shall be filed with the Clerk of the
9House of Representatives and the Secretary of the Senate in
10electronic form only, in the manner that the Clerk and the
11Secretary shall direct.
12    (b) The Illinois State Police shall study, on a regular
13and ongoing basis, and compile reports on the number of
14Firearm Owner's Identification Card checks to determine
15firearms trafficking or straw purchase patterns. The Illinois
16State Police shall, to the extent not inconsistent with law,
17share such reports and underlying data with academic centers,
18foundations, and law enforcement agencies studying firearms
19trafficking, provided that personally identifying information
20is protected. For purposes of this subsection (b), a Firearm
21Owner's Identification Card number is not personally
22identifying information, provided that no other personal
23information of the card holder is attached to the record. The
24Illinois State Police may create and attach an alternate
25unique identifying number to each Firearm Owner's
26Identification Card number, instead of releasing the Firearm

 

 

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1Owner's Identification Card number itself.
2    (c) Each department, office, division, and agency of this
3State shall, to the extent not inconsistent with law,
4cooperate fully with the Illinois State Police and furnish the
5Illinois State Police with all relevant information and
6assistance on a timely basis as is necessary to accomplish the
7purpose of this Act. The Illinois Criminal Justice Information
8Authority shall submit the information required in subsection
9(a) of this Section to the Illinois State Police, and any other
10information as the Illinois State Police may request, to
11assist the Illinois State Police in carrying out its duties
12under this Act.
13(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
14102-813, eff. 5-13-22.)
 
15    Section 10. The Illinois State Police Law of the Civil
16Administrative Code of Illinois is amended by changing
17Sections 2605-10, 2605-30, 2605-35, 2605-40, 2605-45, 2605-51,
182605-52, and 2605-200 as follows:
 
19    (20 ILCS 2605/2605-10)  (was 20 ILCS 2605/55a in part)
20    Sec. 2605-10. Powers and duties, generally.
21    (a) The Illinois State Police shall exercise the rights,
22powers, and duties that have been vested in the Illinois State
23Police by the following:
24    The Illinois State Police Act.

 

 

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1    The Illinois State Police Radio Act.
2    The Criminal Identification Act.
3    The Illinois Vehicle Code.
4    The Firearm Owners Identification Card Act.
5    The Firearm Concealed Carry Act.
6    The Firearm Dealer License Certification Act Gun Dealer
7Licensing Act.
8    The Intergovernmental Missing Child Recovery Act of 1984.
9    The Intergovernmental Drug Laws Enforcement Act.
10    The Narcotic Control Division Abolition Act.
11    The Illinois Uniform Conviction Information Act.
12    The Arsonist Registration Act.
13    The Murderer and Violent Offender Against Youth
14Registration Act.
15    (b) The Illinois State Police shall have the powers and
16duties set forth in the following Sections.
17(Source: P.A. 102-538, eff. 8-20-21.)
 
18    (20 ILCS 2605/2605-30)  (was 20 ILCS 2605/55a-2)
19    Sec. 2605-30. Division of Patrol Operations (formerly
20State Troopers). The Division of Patrol Operations shall
21exercise the following functions and those in Section 2605-35:
22        (1) Cooperate with federal and State authorities
23    requesting utilization of the Illinois State Police's
24    radio network system under the Illinois Aeronautics Act.
25        (2) Exercise the rights, powers, and duties of the

 

 

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1    Illinois State Police under the Illinois State Police Act.
2        (2.5) Provide uniformed patrol of Illinois roadways
3    and proactively enforce criminal and traffic laws.
4        (3) (Blank).
5        (4) Exercise the rights, powers, and duties of the
6    Illinois State Police vested by law in the Illinois State
7    Police by the Illinois Vehicle Code.
8        (5) Exercise other duties that have been or may be
9    vested by law in the Illinois State Police.
10        (6) Exercise other duties that may be assigned by the
11    Director in order to fulfill the responsibilities and to
12    achieve the purposes of the Illinois State Police.
13        (7) Provide comprehensive law enforcement services to
14    the public and to county, municipal, and federal law
15    enforcement agencies.
16        (8) Patrol Illinois roadways with the intent to
17    interdict crime and ensure traffic safety while assisting
18    citizens during times of need.
19(Source: P.A. 102-538, eff. 8-20-21.)
 
20    (20 ILCS 2605/2605-35)  (was 20 ILCS 2605/55a-3)
21    Sec. 2605-35. Division of Criminal Investigation.
22    (a) The Division of Criminal Investigation shall exercise
23the following functions and those in Section 2605-30:
24        (1) Exercise the rights, powers, and duties vested by
25    law in the Illinois State Police by the Illinois Horse

 

 

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1    Racing Act of 1975, including those set forth in Section
2    2605-215, and the Illinois Gambling Act.
3        (2) Investigate the origins, activities, personnel,
4    and incidents of crime and enforce the criminal laws of
5    this State related thereto, and oversee the statewide
6    intelligence fusion center.
7        (3) Enforce all laws regulating the production, sale,
8    prescribing, manufacturing, administering, transporting,
9    having in possession, dispensing, delivering,
10    distributing, or use of controlled substances and
11    cannabis.
12        (4) Cooperate with the police of cities, villages, and
13    incorporated towns and with the police officers of any
14    county in enforcing the laws of the State and in making
15    arrests and recovering property.
16        (5) Apprehend and deliver up any person charged in
17    this State or any other state with treason or a felony or
18    other crime who has fled from justice and is found in this
19    State.
20        (6) Investigate recipients and providers under the
21    Illinois Public Aid Code and any personnel involved in the
22    administration of the Code who are suspected of any
23    violation of the Code pertaining to fraud in the
24    administration, receipt, or provision of assistance and
25    pertaining to any violation of criminal law; and exercise
26    the functions required under Section 2605-220 in the

 

 

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1    conduct of those investigations.
2        (7) Conduct other investigations as provided by law,
3    including, but not limited to, investigations of human
4    trafficking, illegal drug trafficking, and illegal
5    firearms trafficking, and cybercrimes.
6        (8) Investigate public corruption.
7        (9) Exercise other duties that may be assigned by the
8    Director in order to fulfill the responsibilities and
9    achieve the purposes of the Illinois State Police, which
10    may include the coordination of gang, terrorist, and
11    organized crime prevention, control activities, and
12    assisting local law enforcement in their crime control
13    activities.
14        (10) Conduct investigations (and cooperate with
15    federal law enforcement agencies in the investigation) of
16    any property-related crimes, such as money laundering,
17    involving individuals or entities listed on the sanctions
18    list maintained by the U.S. Department of Treasury's
19    Office of Foreign Asset Control.
20        (11) Oversee special weapons and tactics (SWAT) teams.
21        (12) Oversee air operations.
22        (13) Investigate domestic terrorism incidents and
23    individuals and otherwise deter all threats to the
24    homeland.
25    (a-5) The Division of Criminal Investigation shall gather
26information and evidence to facilitate the identification,

 

 

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1apprehension, and prosecution of persons responsible for
2committing crime; and to provide specialized intelligence,
3investigative, tactical, and technological services in support
4of law enforcement operations throughout the State of
5Illinois.
6    (b) (Blank).
7    (c) The Division of Criminal Investigation shall provide
8statewide coordination and strategy pertaining to
9firearm-related intelligence, firearms trafficking
10interdiction, and investigations reaching across all divisions
11of the Illinois State Police, including providing crime gun
12intelligence support for suspects and firearms involved in
13firearms trafficking or the commission of a crime involving
14firearms that is investigated by the Illinois State Police and
15other federal, State, and local law enforcement agencies, with
16the objective of reducing and preventing illegal possession
17and use of firearms, firearms trafficking, firearm-related
18homicides, and other firearm-related violent crimes in
19Illinois.
20(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;
21102-1108, eff. 12-21-22; 102-1116, eff. 1-10-23.)
 
22    (20 ILCS 2605/2605-40)  (was 20 ILCS 2605/55a-4)
23    Sec. 2605-40. Division of Forensic Services. The Division
24of Forensic Services shall exercise the following functions:
25        (1) Provide crime scene services and traffic crash

 

 

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1    reconstruction.
2        (2) Exercise the rights, powers, and duties vested by
3    law in the Illinois State Police by Section 2605-300 of
4    this Law.
5        (3) Provide assistance to local law enforcement
6    agencies through training, management, and consultant
7    services.
8        (4) (Blank).
9        (5) Exercise other duties that may be assigned by the
10    Director in order to fulfill the responsibilities and
11    achieve the purposes of the Illinois State Police.
12        (6) Establish and operate a forensic science
13    laboratory system, including a forensic toxicological
14    laboratory service, for the purpose of testing specimens
15    submitted by coroners and other law enforcement officers
16    in their efforts to determine whether alcohol, drugs, or
17    poisonous or other toxic substances have been involved in
18    deaths, accidents, or illness. Forensic toxicological
19    laboratories shall be established in Springfield, Chicago,
20    and elsewhere in the State as needed.
21        (6.5) Establish administrative rules in order to set
22    forth standardized requirements for the disclosure of
23    toxicology results and other relevant documents related to
24    a toxicological analysis. These administrative rules are
25    to be adopted to produce uniform and sufficient
26    information to allow a proper, well-informed determination

 

 

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1    of the admissibility of toxicology evidence and to ensure
2    that this evidence is presented competently. These
3    administrative rules are designed to provide a minimum
4    standard for compliance of toxicology evidence and are not
5    intended to limit the production and discovery of material
6    information.
7        (7) Subject to specific appropriations made for these
8    purposes, establish and coordinate a system for providing
9    accurate and expedited forensic science and other
10    investigative and laboratory services to local law
11    enforcement agencies and local State's Attorneys in aid of
12    the investigation and trial of capital cases.
13        (8) Exercise the rights, powers, and duties vested by
14    law in the Illinois State Police under the Sexual Assault
15    Evidence Submission Act.
16        (9) Serve as the State central repository for all
17    genetic marker grouping analysis information and exercise
18    the rights, powers, and duties vested by law in the
19    Illinois State Police under Section 5-4-3 of the Unified
20    Code of Corrections.
21        (10) Issue reports required under Section 5-4-3a of
22    the Unified Code of Corrections.
23        (11) Oversee the Electronic Laboratory Information
24    Management System under Section 5-4-3b of the Unified Code
25    of Corrections.
26(Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21;

 

 

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1102-813, eff. 5-13-22.)
 
2    (20 ILCS 2605/2605-45)  (was 20 ILCS 2605/55a-5)
3    Sec. 2605-45. Division of Justice Services. The Division
4of Justice Services shall provide administrative and technical
5services and support to the Illinois State Police, criminal
6justice agencies, and the public and shall exercise the
7following functions:
8        (1) Operate and maintain the Law Enforcement Agencies
9    Data System (LEADS), a statewide, computerized
10    telecommunications system designed to provide services,
11    information, and capabilities to the law enforcement and
12    criminal justice community in the State of Illinois. The
13    Director is responsible for establishing policy,
14    procedures, and regulations consistent with State and
15    federal rules, policies, and law by which LEADS operates.
16    The Director shall designate a statewide LEADS
17    Administrator for management of the system. The Director
18    may appoint a LEADS Advisory Policy Board to reflect the
19    needs and desires of the law enforcement and criminal
20    justice community and to make recommendations concerning
21    policies and procedures.
22        (2) Pursue research and the publication of studies
23    pertaining to local law enforcement activities.
24        (3) Serve as the State's point of contact for the
25    Federal Bureau of Investigation's Uniform Crime Reporting

 

 

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1    Program and National Incident-Based Reporting System.
2        (4) Operate an electronic data processing and computer
3    center for the storage and retrieval of data pertaining to
4    criminal activity.
5        (5) Exercise the rights, powers, and duties vested in
6    the Illinois State Police by the Cannabis Regulation and
7    Tax Act and the Compassionate Use of Medical Cannabis
8    Program Act.
9        (6) (Blank).
10        (6.5) Exercise the rights, powers, and duties vested
11    in the Illinois State Police by the Firearm Owners
12    Identification Card Act, the Firearm Concealed Carry Act,
13    the Firearm Transfer Inquiry Program, the prohibited
14    persons portal, and the Firearm Dealer License
15    Certification Act.
16        (7) Exercise other duties that may be assigned by the
17    Director to fulfill the responsibilities and achieve the
18    purposes of the Illinois State Police.
19        (8) Exercise the rights, powers, and duties vested by
20    law in the Illinois State Police by the Criminal
21    Identification Act and the Illinois Uniform Conviction
22    Information Act.
23        (9) Exercise the powers and perform the duties that
24    have been vested in the Illinois State Police by the
25    Arsonist Registration Act, the Murderer and Violent
26    Offender Against Youth Registration Act, the Sex Offender

 

 

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1    Registration Act, and the Sex Offender Community
2    Notification Law and adopt reasonable rules necessitated
3    thereby.
4        (10) Serve as the State central repository for
5    criminal history record information.
6        (11) Liaise with the Concealed Carry Licensing Review
7    Board and the Firearms Owner's Identification Card Review
8    Board.
9(Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21.)
 
10    (20 ILCS 2605/2605-51)
11    Sec. 2605-51. Division of the Academy and Training.
12    (a) The Division of the Academy and Training shall
13exercise, but not be limited to, the following functions:
14        (1) Oversee and operate the Illinois State Police
15    Training Academy.
16        (2) Train and prepare new officers for a career in law
17    enforcement, with innovative, quality training and
18    educational practices.
19        (3) Offer continuing training and educational programs
20    for Illinois State Police employees.
21        (4) Oversee the Illinois State Police's recruitment
22    initiatives.
23        (5) Oversee and operate the Illinois State Police's
24    quartermaster.
25        (6) Duties assigned to the Illinois State Police in

 

 

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1    Article 5, Chapter 11 of the Illinois Vehicle Code
2    concerning testing and training officers on the detection
3    of impaired driving.
4        (7) Duties assigned to the Illinois State Police in
5    Article 108B of the Code of Criminal Procedure.
6    (b) The Division of the Academy and Training shall
7exercise the rights, powers, and duties vested in the former
8Division of State Troopers by Section 17 of the Illinois State
9Police Act.
10    (c) Specialized training.
11        (1) Training; cultural diversity. The Division of the
12    Academy and Training shall provide training and continuing
13    education to State police officers concerning cultural
14    diversity, including sensitivity toward racial and ethnic
15    differences. This training and continuing education shall
16    include, but not be limited to, an emphasis on the fact
17    that the primary purpose of enforcement of the Illinois
18    Vehicle Code is safety and equal and uniform enforcement
19    under the law.
20        (2) Training; death and homicide investigations. The
21    Division of the Academy and Training shall provide
22    training in death and homicide investigation for State
23    police officers. Only State police officers who
24    successfully complete the training may be assigned as lead
25    investigators in death and homicide investigations.
26    Satisfactory completion of the training shall be evidenced

 

 

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1    by a certificate issued to the officer by the Division of
2    the Academy and Training. The Director shall develop a
3    process for waiver applications for officers whose prior
4    training and experience as homicide investigators may
5    qualify them for a waiver. The Director may issue a
6    waiver, at his or her discretion, based solely on the
7    prior training and experience of an officer as a homicide
8    investigator.
9            (A) The Division shall require all homicide
10        investigator training to include instruction on
11        victim-centered, trauma-informed investigation. This
12        training must be implemented by July 1, 2023.
13            (B) The Division shall cooperate with the Division
14        of Criminal Investigation to develop a model
15        curriculum on victim-centered, trauma-informed
16        investigation. This curriculum must be implemented by
17        July 1, 2023.
18        (3) Training; police dog training standards. All
19    police dogs used by the Illinois State Police for drug
20    enforcement purposes pursuant to the Cannabis Control Act,
21    the Illinois Controlled Substances Act, and the
22    Methamphetamine Control and Community Protection Act shall
23    be trained by programs that meet the certification
24    requirements set by the Director or the Director's
25    designee. Satisfactory completion of the training shall be
26    evidenced by a certificate issued by the Division of the

 

 

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1    Academy and Training.
2        (4) Training; post-traumatic stress disorder. The
3    Division of the Academy and Training shall conduct or
4    approve a training program in post-traumatic stress
5    disorder for State police officers. The purpose of that
6    training shall be to equip State police officers to
7    identify the symptoms of post-traumatic stress disorder
8    and to respond appropriately to individuals exhibiting
9    those symptoms.
10        (5) Training; opioid antagonists. The Division of the
11    Academy and Training shall conduct or approve a training
12    program for State police officers in the administration of
13    opioid antagonists as defined in paragraph (1) of
14    subsection (e) of Section 5-23 of the Substance Use
15    Disorder Act that is in accordance with that Section. As
16    used in this Section, "State police officers" includes
17    full-time or part-time State police officers,
18    investigators, and any other employee of the Illinois
19    State Police exercising the powers of a peace officer.
20        (6) Training; sexual assault and sexual abuse.
21            (A) Every 3 years, the Division of the Academy and
22        Training shall present in-service training on sexual
23        assault and sexual abuse response and report writing
24        training requirements, including, but not limited to,
25        the following:
26                (i) recognizing the symptoms of trauma;

 

 

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1                (ii) understanding the role trauma has played
2            in a victim's life;
3                (iii) responding to the needs and concerns of
4            a victim;
5                (iv) delivering services in a compassionate,
6            sensitive, and nonjudgmental manner;
7                (v) interviewing techniques in accordance with
8            the curriculum standards in this paragraph (6);
9                (vi) understanding cultural perceptions and
10            common myths of sexual assault and sexual abuse;
11            and
12                (vii) report writing techniques in accordance
13            with the curriculum standards in this paragraph
14            (6).
15            (B) This training must also be presented in all
16        full and part-time basic law enforcement academies.
17            (C) Instructors providing this training shall have
18        successfully completed training on evidence-based,
19        trauma-informed, victim-centered responses to cases of
20        sexual assault and sexual abuse and have experience
21        responding to sexual assault and sexual abuse cases.
22            (D) The Illinois State Police shall adopt rules,
23        in consultation with the Office of the Attorney
24        General and the Illinois Law Enforcement Training
25        Standards Board, to determine the specific training
26        requirements for these courses, including, but not

 

 

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1        limited to, the following:
2                (i) evidence-based curriculum standards for
3            report writing and immediate response to sexual
4            assault and sexual abuse, including
5            trauma-informed, victim-centered interview
6            techniques, which have been demonstrated to
7            minimize retraumatization, for all State police
8            officers; and
9                (ii) evidence-based curriculum standards for
10            trauma-informed, victim-centered investigation
11            and interviewing techniques, which have been
12            demonstrated to minimize retraumatization, for
13            cases of sexual assault and sexual abuse for all
14            State police officers who conduct sexual assault
15            and sexual abuse investigations.
16        (7) Training; human trafficking. The Division of the
17    Academy and Training shall conduct or approve a training
18    program in the detection and investigation of all forms of
19    human trafficking, including, but not limited to,
20    involuntary servitude under subsection (b) of Section 10-9
21    of the Criminal Code of 2012, involuntary sexual servitude
22    of a minor under subsection (c) of Section 10-9 of the
23    Criminal Code of 2012, and trafficking in persons under
24    subsection (d) of Section 10-9 of the Criminal Code of
25    2012. This program shall be made available to all cadets
26    and State police officers.

 

 

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1        (8) Training; hate crimes. The Division of the Academy
2    and Training shall provide training for State police
3    officers in identifying, responding to, and reporting all
4    hate crimes.
5    (d) The Division of the Academy and Training shall
6administer and conduct a program consistent with 18 U.S.C.
7926B and 926C for qualified active and retired state police
8officers.
9(Source: P.A. 102-538, eff. 8-20-21; 102-756, eff. 5-10-22;
10102-813, eff. 5-13-22.)
 
11    (20 ILCS 2605/2605-52)
12    Sec. 2605-52. Division of Statewide 9-1-1.
13    (a) There shall be established an Office of the Statewide
149-1-1 Administrator within the Division of Statewide 9-1-1.
15Beginning January 1, 2016, the Office of the Statewide 9-1-1
16Administrator shall be responsible for developing,
17implementing, and overseeing a uniform statewide 9-1-1 system
18for all areas of the State outside of municipalities having a
19population over 500,000.
20    (b) The Governor shall appoint, with the advice and
21consent of the Senate, a Statewide 9-1-1 Administrator. The
22Administrator shall serve for a term of 2 years, and until a
23successor is appointed and qualified; except that the term of
24the first 9-1-1 Administrator appointed under this Act shall
25expire on the third Monday in January, 2017. The Administrator

 

 

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1shall not hold any other remunerative public office. The
2Administrator shall receive an annual salary as set by the
3Governor.
4    (c) The Illinois State Police, from appropriations made to
5it for that purpose, shall make grants to 9-1-1 Authorities
6for the purpose of defraying costs associated with 9-1-1
7system consolidations awarded by the Administrator under
8Section 15.4b of the Emergency Telephone System Act.
9    (d) The Division of Statewide 9-1-1 shall exercise the
10rights, powers, and duties vested by law in the Illinois State
11Police by the State Police Radio Act and shall oversee the
12Illinois State Police radio network, including the Illinois
13State Police Emergency Radio Network and STARCOM21.
14    (e) The Division of Statewide 9-1-1 shall also conduct the
15following communication activities:
16        (1) Acquire and operate one or more radio broadcasting
17    stations in the State to be used for police purposes.
18        (2) Operate a statewide communications network to
19    gather and disseminate information for law enforcement
20    agencies.
21        (3) Undertake other communication activities that may
22    be required by law.
23        (4) Oversee Illinois State Police telecommunications.
24    (f) The Division of Statewide 9-1-1 shall oversee the
25Illinois State Police fleet operations.
26(Source: P.A. 102-538, eff. 8-20-21.)
 

 

 

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1    (20 ILCS 2605/2605-200)  (was 20 ILCS 2605/55a in part)
2    Sec. 2605-200. Investigations of crime; enforcement of
3laws; records; crime laboratories; personnel.
4    (a) To do the following:
5        (1) Investigate the origins, activities, personnel,
6    and incidents of crime and the ways and means to redress
7    the victims of crimes; study the impact, if any, of
8    legislation relative to the effusion of crime and growing
9    crime rates; and enforce the criminal laws of this State
10    related thereto.
11        (2) Enforce all laws regulating the production, sale,
12    prescribing, manufacturing, administering, transporting,
13    having in possession, dispensing, delivering,
14    distributing, or use of controlled substances and
15    cannabis.
16        (3) Employ skilled experts, scientists, technicians,
17    investigators, or otherwise specially qualified persons to
18    aid in preventing or detecting crime, apprehending
19    criminals, or preparing and presenting evidence of
20    violations of the criminal laws of the State.
21        (4) Cooperate with the police of cities, villages, and
22    incorporated towns and with the police officers of any
23    county in enforcing the laws of the State and in making
24    arrests and recovering property.
25        (5) Apprehend and deliver up any person charged in

 

 

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1    this State or any other state of the United States with
2    treason or a felony or other crime who has fled from
3    justice and is found in this State.
4        (6) Conduct other investigations as provided by law.
5        (7) Be a central repository and custodian of criminal
6    statistics for the State.
7        (8) Be a central repository for criminal history
8    record information.
9        (9) Procure and file for record information that is
10    necessary and helpful to plan programs of crime
11    prevention, law enforcement, and criminal justice.
12        (10) Procure and file for record copies of
13    fingerprints that may be required by law.
14        (11) Establish general and field crime laboratories.
15        (12) Register and file for record information that may
16    be required by law for the issuance of firearm owner's
17    identification cards under the Firearm Owners
18    Identification Card Act and concealed carry licenses under
19    the Firearm Concealed Carry Act.
20        (13) Employ laboratory technicians and other specially
21    qualified persons to aid in the identification of criminal
22    activity and the identification, collection, and recovery
23    of cyber forensics, including, but not limited to, digital
24    evidence, and may employ polygraph operators and forensic
25    anthropologists.
26        (14) Undertake other identification, information,

 

 

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1    laboratory, statistical, or registration activities that
2    may be required by law.
3    (b) Persons exercising the powers set forth in subsection
4(a) within the Illinois State Police are conservators of the
5peace and as such have all the powers possessed by policemen in
6cities and sheriffs, except that they may exercise those
7powers anywhere in the State in cooperation with and after
8contact with the local law enforcement officials. Those
9persons may use false or fictitious names in the performance
10of their duties under this Section, upon approval of the
11Director, and shall not be subject to prosecution under the
12criminal laws for that use.
13(Source: P.A. 102-538, eff. 8-20-21.)
 
14    Section 15. The Illinois State Police Act is amended by
15changing Section 16 as follows:
 
16    (20 ILCS 2610/16)  (from Ch. 121, par. 307.16)
17    Sec. 16. State policemen shall enforce the provisions of
18The Illinois Vehicle Code, approved September 29, 1969, as
19amended, and Article 9 of the "Illinois Highway Code" as
20amended; and shall patrol the public highways and rural
21districts to make arrests for violations of the provisions of
22such Acts. They are conservators of the peace and as such have
23all powers possessed by policemen in cities, and sheriffs,
24except that they may exercise such powers anywhere in this

 

 

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1State. The State policemen shall cooperate with the police of
2cities, villages and incorporated towns, and with the police
3officers of any county, in enforcing the laws of the State and
4in making arrests and recovering property. They may be
5equipped with standardized and tested devices for weighing
6motor vehicles and may stop and weigh, acting reasonably, or
7cause to be weighed, any motor vehicle which appears to weigh
8in excess of the weight permitted by law. It shall also be the
9duty of the Illinois State Police to determine, whenever
10possible, the person or persons or the causes responsible for
11the breaking or destruction of any improved hard-surfaced
12roadway; to arrest all persons criminally responsible for such
13breaking or destruction and bring them before the proper
14officer for trial. The Illinois State Police shall divide the
15State into districts, zones, or troops, Districts and assign
16each district, zone, or troop to one or more policemen. No
17person employed under this Act, however, shall serve or
18execute civil process, except for process issued under the
19authority of the General Assembly, or a committee or
20commission thereof vested with subpoena powers when the county
21sheriff refuses or fails to serve such process, and except for
22process allowed by statute or issued under the authority of
23the Illinois Department of Revenue.
24(Source: P.A. 102-538, eff. 8-20-21.)
 
25    Section 20. The Illinois State Police Radio Act is amended

 

 

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1by changing Section 10 as follows:
 
2    (20 ILCS 2615/10)
3    Sec. 10. Public safety radio interoperability. Upon their
4establishment and thereafter, the Director of the Illinois
5State Police, or his or her designee, shall serve as the
6chairman of the Illinois Statewide Interoperability Executive
7Committee (SIEC) and as the chairman of the STARCOM21
8Oversight Committee. The Director or his or her designee, as
9chairman, may increase the size and makeup of the voting
10membership of each committee when deemed necessary for
11improved public safety radio interoperability, but the voting
12membership of each committee must represent public safety
13users (police, fire, or EMS) and must, at a minimum, include
14the representatives specified in this Section.
15    The STARCOM21 Oversight Committee must comprise public
16safety users accessing the system and shall include the
17Statewide Interoperability Coordinator. The members of the
18STARCOM21 Oversight Committee shall serve without compensation
19and may, at the call of the Chair, meet in person or remotely.
20The Illinois State Police shall provide administrative and
21other support to the STARCOM21 Oversight Committee. The
22STARCOM21 Oversight Committee shall:
23        (1) review existing statutory law and make
24    recommendations for legislative changes to ensure
25    efficient, effective, reliable, and sustainable radio

 

 

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1    interoperability statewide;
2        (2) make recommendations concerning better integration
3    of the Integrated Public Alert and Warning System
4    statewide; and
5        (3) develop a plan to sustainably fund radio
6    infrastructure, radio equipment, and interoperability
7    statewide.
8    The SIEC shall have at a minimum one representative from
9each of the following: the Illinois Fire Chiefs Association,
10the Rural Fire Protection Association, the Office of the State
11Fire Marshal, the Illinois Association of Chiefs of Police,
12the Illinois Sheriffs' Association, the Illinois State Police,
13the Illinois Emergency Management Agency, the Department of
14Public Health, and the Secretary of State Police (which
15representative shall be the Director of the Secretary of State
16Police or his or her designee).
17(Source: P.A. 102-538, eff. 8-20-21.)
 
18    Section 25. The State Finance Act is amended by changing
19Section 6z-82 as follows:
 
20    (30 ILCS 105/6z-82)
21    Sec. 6z-82. State Police Operations Assistance Fund.
22    (a) There is created in the State treasury a special fund
23known as the State Police Operations Assistance Fund. The Fund
24shall receive revenue under the Criminal and Traffic

 

 

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1Assessment Act. The Fund may also receive revenue from grants,
2donations, appropriations, and any other legal source.
3    (a-5) Notwithstanding any other provision of law to the
4contrary, and in addition to any other transfers that may be
5provided by law, on August 20, 2021 (the effective date of
6Public Act 102-505), or as soon thereafter as practical, the
7State Comptroller shall direct and the State Treasurer shall
8transfer the remaining balance from the Over Dimensional Load
9Police Escort Fund into the State Police Operations Assistance
10Fund. Upon completion of the transfer, the Over Dimensional
11Load Police Escort Fund is dissolved, and any future deposits
12due to that Fund and any outstanding obligations or
13liabilities of that Fund shall pass to the State Police
14Operations Assistance Fund.
15    This Fund may charge, collect, and receive fees or moneys
16as described in Section 15-312 of the Illinois Vehicle Code,
17and receive all fees received by the Illinois State Police
18under that Section. The moneys shall be used by the Illinois
19State Police for its expenses in providing police escorts and
20commercial vehicle enforcement activities.
21    (b) The Illinois State Police may use moneys in the Fund to
22finance any of its lawful purposes or functions.
23    (c) Expenditures may be made from the Fund only as
24appropriated by the General Assembly by law.
25    (d) Investment income that is attributable to the
26investment of moneys in the Fund shall be retained in the Fund

 

 

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1for the uses specified in this Section.
2    (e) The State Police Operations Assistance Fund shall not
3be subject to administrative chargebacks.
4    (f) (Blank).
5    (g) Notwithstanding any other provision of State law to
6the contrary, on or after July 1, 2021, in addition to any
7other transfers that may be provided for by law, at the
8direction of and upon notification from the Director of the
9Illinois State Police, the State Comptroller shall direct and
10the State Treasurer shall transfer amounts not exceeding
11$7,000,000 into the State Police Operations Assistance Fund
12from the State Police Services Fund.
13    (h) Notwithstanding any other provision of law, in
14addition to any other transfers that may be provided by law, on
15the effective date of this amendatory Act of the 103rd General
16Assembly, or as soon thereafter as practical, the State
17Comptroller shall direct and the State Treasurer shall
18transfer the remaining balance from the State Police
19Streetgang-Related Crime Fund to the State Police Operations
20Assistance Fund. Upon completion of the transfers, the State
21Police Streetgang-Related Crime Fund is dissolved, and any
22future deposits into the State Police Streetgang-Related Crime
23Fund and any outstanding obligations or liabilities of the
24State Police Streetgang-Related Crime Fund pass to the State
25Police Operations Assistance Fund.
26(Source: P.A. 102-16, eff. 6-17-21; 102-505, eff. 8-20-21;

 

 

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1102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
2    (30 ILCS 105/5.783 rep.)
3    (30 ILCS 105/8p rep.)
4    Section 30. The State Finance Act is amended by repealing
5Sections 5.783 and 8p.
 
6    Section 35. The Intergovernmental Missing Child Recovery
7Act of 1984 is amended by changing Section 6 as follows:
 
8    (325 ILCS 40/6)  (from Ch. 23, par. 2256)
9    Sec. 6. The Illinois State Police shall:
10    (a) Utilize the statewide Law Enforcement Agencies Data
11System (LEADS) for the purpose of effecting an immediate law
12enforcement response to reports of missing children. The
13Illinois State Police shall implement an automated data
14exchange system to compile, to maintain and to make available
15for dissemination to Illinois and out-of-State law enforcement
16agencies, data which can assist appropriate agencies in
17recovering missing children.
18    (b) Establish contacts and exchange information regarding
19lost, missing or runaway children with nationally recognized
20"missing person and runaway" service organizations and monitor
21national research and publicize important developments.
22    (c) Provide a uniform reporting format for the entry of
23pertinent information regarding reports of missing children

 

 

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1into LEADS.
2    (d) Develop and implement a policy whereby a statewide or
3regional alert would be used in situations relating to the
4disappearances of children, based on criteria and in a format
5established by the Illinois State Police. Such a format shall
6include, but not be limited to, the age and physical
7description of the missing child and the suspected
8circumstances of the disappearance.
9    (e) Notify all law enforcement agencies that reports of
10missing persons shall be entered as soon as the minimum level
11of data specified by the Illinois State Police is available to
12the reporting agency and that no waiting period for entry of
13such data exists.
14    (f) Provide a procedure for prompt confirmation of the
15receipt and entry of the missing child report into LEADS to the
16parent or guardian of the missing child.
17    (g) Compile and retain information regarding missing
18children in a separate data file, in a manner that allows such
19information to be used by law enforcement and other agencies
20deemed appropriate by the Director, for investigative
21purposes. Such files shall be updated to reflect and include
22information relating to the disposition of the case.
23    (h) Compile and maintain an historic data repository
24relating to missing children in order (1) to develop and
25improve techniques utilized by law enforcement agencies when
26responding to reports of missing children and (2) to provide a

 

 

SB2292- 31 -LRB103 29185 AWJ 55572 b

1factual and statistical base for research that would address
2the problem of missing children.
3    (i) Create a quality control program to assess the monitor
4timeliness of entries of missing children reports into LEADS
5and conduct performance audits of all entering agencies.
6    (j) Prepare a periodic information bulletin concerning
7missing children who it determines may be present in this
8State, compiling such bulletin from information contained in
9both the National Crime Information Center computer and from
10reports, alerts and other information entered into LEADS or
11otherwise compiled and retained by the Illinois State Police
12pursuant to this Act. The bulletin shall indicate the name,
13age, physical description, suspected circumstances of
14disappearance if that information is available, a photograph
15if one is available, the name of the law enforcement agency
16investigating the case, and such other information as the
17Director considers appropriate concerning each missing child
18who the Illinois State Police determines may be present in
19this State. The Illinois State Police shall send a copy of each
20periodic information bulletin to the State Board of Education
21for its use in accordance with Section 2-3.48 of the School
22Code. The Illinois State Police shall provide a copy of the
23bulletin, upon request, to law enforcement agencies of this or
24any other state or of the federal government, and may provide a
25copy of the bulletin, upon request, to other persons or
26entities, if deemed appropriate by the Director, and may

 

 

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1establish limitations on its use and a reasonable fee for so
2providing the same, except that no fee shall be charged for
3providing the periodic information bulletin to the State Board
4of Education, appropriate units of local government, State
5agencies, or law enforcement agencies of this or any other
6state or of the federal government.
7    (k) Provide for the entry into LEADS of the names and
8addresses of sex offenders as defined in the Sex Offender
9Registration Act who are required to register under that Act.
10The information shall be immediately accessible to law
11enforcement agencies and peace officers of this State or any
12other state or of the federal government. Similar information
13may be requested from any other state or of the federal
14government for purposes of this Act.
15    (l) Provide for the entry into LEADS of the names and
16addresses of violent offenders against youth as defined in the
17Murderer and Violent Offender Against Youth Registration Act
18who are required to register under that Act. The information
19shall be immediately accessible to law enforcement agencies
20and peace officers of this State or any other state or of the
21federal government. Similar information may be requested from
22any other state or of the federal government for purposes of
23this Act.
24(Source: P.A. 102-538, eff. 8-20-21.)
 
25    Section 40. The Sex Offender Registration Act is amended

 

 

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1by changing Section 11 as follows:
 
2    (730 ILCS 150/11)
3    Sec. 11. Offender Registration Fund. There is created the
4Offender Registration Fund (formerly known as the Sex Offender
5Registration Fund). Moneys in the Fund shall be used to cover
6costs incurred by the criminal justice system to administer
7this Article and the Murderer and Violent Offender Against
8Youth Registration Act, and for purposes as authorized under
9this Section 5-9-1.15 of the Unified Code of Corrections. The
10Illinois State Police shall establish and promulgate rules and
11procedures regarding the administration of this Fund. Fifty
12percent of the moneys in the Fund shall be allocated by the
13Department for sheriffs' offices and police departments. The
14remaining moneys in the Fund received under this amendatory
15Act of the 101st General Assembly shall be allocated to the
16Illinois State Police for education and administration of the
17Act.
18    Notwithstanding any other provision of law, in addition to
19any other transfers that may be provided by law, on the
20effective date of this amendatory Act of the 103rd General
21Assembly, or as soon thereafter as practical, the State
22Comptroller shall direct and the State Treasurer shall
23transfer the remaining balance from the Sex Offender
24Investigation Fund to the Offender Registration Fund. Upon
25completion of the transfers, the Sex Offender Investigation

 

 

SB2292- 34 -LRB103 29185 AWJ 55572 b

1Fund is dissolved, and any future deposits into the Sex
2Offender Investigation Fund and any outstanding obligations or
3liabilities of the Sex Offender Investigation Fund pass to the
4Offender Registration Fund. Subject to appropriation, moneys
5in the Offender Registration Fund received under this Section
6shall be used by the Illinois State Police for purposes
7authorized under this Section.
8(Source: P.A. 101-571, eff. 8-23-19; 102-538, eff. 8-20-21.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law, except that Sections 10, 30, and 35 take effect
11January 1, 2024.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 830/10-5
4    20 ILCS 2605/2605-10was 20 ILCS 2605/55a in part
5    20 ILCS 2605/2605-30was 20 ILCS 2605/55a-2
6    20 ILCS 2605/2605-35was 20 ILCS 2605/55a-3
7    20 ILCS 2605/2605-40was 20 ILCS 2605/55a-4
8    20 ILCS 2605/2605-45was 20 ILCS 2605/55a-5
9    20 ILCS 2605/2605-51
10    20 ILCS 2605/2605-52
11    20 ILCS 2605/2605-200was 20 ILCS 2605/55a in part
12    20 ILCS 2610/16from Ch. 121, par. 307.16
13    20 ILCS 2615/10
14    30 ILCS 105/6z-82
15    30 ILCS 105/5.783 rep.
16    30 ILCS 105/8p rep.
17    325 ILCS 40/6from Ch. 23, par. 2256
18    730 ILCS 150/11