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| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
91_HB1224enr HB1224 Enrolled LRB9101685MWgc 1 AN ACT to amend the Civil Administrative Code of Illinois 2 by changing Section 55a. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Civil Administrative Code of Illinois is 6 amended by changing Section 55a as follows: 7 (20 ILCS 2605/55a) (from Ch. 127, par. 55a) 8 (Text of Section before amendment by P.A. 90-590) 9 Sec. 55a. Powers and duties. 10 (A) The Department of State Police shall have the 11 following powers and duties, and those set forth in Sections 12 55a-1 through 55c: 13 1. To exercise the rights, powers and duties which have 14 been vested in the Department of Public Safety by the State 15 Police Act. 16 2. To exercise the rights, powers and duties which have 17 been vested in the Department of Public Safety by the State 18 Police Radio Act. 19 3. To exercise the rights, powers and duties which have 20 been vested in the Department of Public Safety by the 21 Criminal Identification Act. 22 4. To (a) investigate the origins, activities, personnel 23 and incidents of crime and the ways and means to redress the 24 victims of crimes, and study the impact, if any, of 25 legislation relative to the effusion of crime and growing 26 crime rates, and enforce the criminal laws of this State 27 related thereto, (b) enforce all laws regulating the 28 production, sale, prescribing, manufacturing, administering, 29 transporting, having in possession, dispensing, delivering, 30 distributing, or use of controlled substances and cannabis, 31 (c) employ skilled experts, scientists, technicians, HB1224 Enrolled -2- LRB9101685MWgc 1 investigators or otherwise specially qualified persons to aid 2 in preventing or detecting crime, apprehending criminals, or 3 preparing and presenting evidence of violations of the 4 criminal laws of the State, (d) cooperate with the police of 5 cities, villages and incorporated towns, and with the police 6 officers of any county, in enforcing the laws of the State 7 and in making arrests and recovering property, (e) apprehend 8 and deliver up any person charged in this State or any other 9 State of the United States with treason, felony, or other 10 crime, who has fled from justice and is found in this State, 11 and (f) conduct such other investigations as may be provided 12 by law. Persons exercising these powers within the Department 13 are conservators of the peace and as such have all the powers 14 possessed by policemen in cities and sheriffs, except that 15 they may exercise such powers anywhere in the State in 16 cooperation with and after contact with the local law 17 enforcement officials. Such persons may use false or 18 fictitious names in the performance of their duties under 19 this paragraph, upon approval of the Director, and shall not 20 be subject to prosecution under the criminal laws for such 21 use. 22 5. To: (a) be a central repository and custodian of 23 criminal statistics for the State, (b) be a central 24 repository for criminal history record information, (c) 25 procure and file for record such information as is necessary 26 and helpful to plan programs of crime prevention, law 27 enforcement and criminal justice, (d) procure and file for 28 record such copies of fingerprints, as may be required by 29 law, (e) establish general and field crime laboratories, (f) 30 register and file for record such information as may be 31 required by law for the issuance of firearm owner's 32 identification cards, (g) employ polygraph operators, 33 laboratory technicians and other specially qualified persons 34 to aid in the identification of criminal activity, and (h) HB1224 Enrolled -3- LRB9101685MWgc 1 undertake such other identification, information, laboratory, 2 statistical or registration activities as may be required by 3 law. 4 6. To (a) acquire and operate one or more radio 5 broadcasting stations in the State to be used for police 6 purposes, (b) operate a statewide communications network to 7 gather and disseminate information for law enforcement 8 agencies, (c) operate an electronic data processing and 9 computer center for the storage and retrieval of data 10 pertaining to criminal activity, and (d) undertake such other 11 communication activities as may be required by law. 12 7. To provide, as may be required by law, assistance to 13 local law enforcement agencies through (a) training, 14 management and consultant services for local law enforcement 15 agencies, and (b) the pursuit of research and the publication 16 of studies pertaining to local law enforcement activities. 17 8. To exercise the rights, powers and duties which have 18 been vested in the Department of State Police and the 19 Director of the Department of State Police by the Narcotic 20 Control Division Abolition Act. 21 9. To exercise the rights, powers and duties which have 22 been vested in the Department of Public Safety by the 23 Illinois Vehicle Code. 24 10. To exercise the rights, powers and duties which have 25 been vested in the Department of Public Safety by the Firearm 26 Owners Identification Card Act. 27 11. To enforce and administer such other laws in 28 relation to law enforcement as may be vested in the 29 Department. 30 12. To transfer jurisdiction of any realty title to 31 which is held by the State of Illinois under the control of 32 the Department to any other department of the State 33 government or to the State Employees Housing Commission, or 34 to acquire or accept Federal land, when such transfer, HB1224 Enrolled -4- LRB9101685MWgc 1 acquisition or acceptance is advantageous to the State and is 2 approved in writing by the Governor. 3 13. With the written approval of the Governor, to enter 4 into agreements with other departments created by this Act, 5 for the furlough of inmates of the penitentiary to such other 6 departments for their use in research programs being 7 conducted by them. 8 For the purpose of participating in such research 9 projects, the Department may extend the limits of any 10 inmate's place of confinement, when there is reasonable cause 11 to believe that the inmate will honor his or her trust by 12 authorizing the inmate, under prescribed conditions, to leave 13 the confines of the place unaccompanied by a custodial agent 14 of the Department. The Department shall make rules governing 15 the transfer of the inmate to the requesting other department 16 having the approved research project, and the return of such 17 inmate to the unextended confines of the penitentiary. Such 18 transfer shall be made only with the consent of the inmate. 19 The willful failure of a prisoner to remain within the 20 extended limits of his or her confinement or to return within 21 the time or manner prescribed to the place of confinement 22 designated by the Department in granting such extension shall 23 be deemed an escape from custody of the Department and 24 punishable as provided in Section 3-6-4 of the Unified Code 25 of Corrections. 26 14. To provide investigative services, with all of the 27 powers possessed by policemen in cities and sheriffs, in and 28 around all race tracks subject to the Horse Racing Act of 29 1975. 30 15. To expend such sums as the Director deems necessary 31 from Contractual Services appropriations for the Division of 32 Criminal Investigation for the purchase of evidence and for 33 the employment of persons to obtain evidence. Such sums shall 34 be advanced to agents authorized by the Director to expend HB1224 Enrolled -5- LRB9101685MWgc 1 funds, on vouchers signed by the Director. 2 16. To assist victims and witnesses in gang crime 3 prosecutions through the administration of funds appropriated 4 from the Gang Violence Victims and Witnesses Fund to the 5 Department. Such funds shall be appropriated to the 6 Department and shall only be used to assist victims and 7 witnesses in gang crime prosecutions and such assistance may 8 include any of the following: 9 (a) temporary living costs; 10 (b) moving expenses; 11 (c) closing costs on the sale of private residence; 12 (d) first month's rent; 13 (e) security deposits; 14 (f) apartment location assistance; 15 (g) other expenses which the Department considers 16 appropriate; and 17 (h) compensation for any loss of or injury to real 18 or personal property resulting from a gang crime to a 19 maximum of $5,000, subject to the following provisions: 20 (1) in the case of loss of property, the 21 amount of compensation shall be measured by the 22 replacement cost of similar or like property which 23 has been incurred by and which is substantiated by 24 the property owner, 25 (2) in the case of injury to property, the 26 amount of compensation shall be measured by the cost 27 of repair incurred and which can be substantiated by 28 the property owner, 29 (3) compensation under this provision is a 30 secondary source of compensation and shall be 31 reduced by any amount the property owner receives 32 from any other source as compensation for the loss 33 or injury, including, but not limited to, personal 34 insurance coverage, HB1224 Enrolled -6- LRB9101685MWgc 1 (4) no compensation may be awarded if the 2 property owner was an offender or an accomplice of 3 the offender, or if the award would unjustly benefit 4 the offender or offenders, or an accomplice of the 5 offender or offenders. 6 No victim or witness may receive such assistance if he or 7 she is not a part of or fails to fully cooperate in the 8 prosecution of gang crime members by law enforcement 9 authorities. 10 The Department shall promulgate any rules necessary for 11 the implementation of this amendatory Act of 1985. 12 17. To conduct arson investigations. 13 18. To develop a separate statewide statistical police 14 contact record keeping system for the study of juvenile 15 delinquency. The records of this police contact system shall 16 be limited to statistical information. No individually 17 identifiable information shall be maintained in the police 18 contact statistical record system. 19 19. To develop a separate statewide central adjudicatory 20 and dispositional records system for persons under 19 years 21 of age who have been adjudicated delinquent minors and to 22 make information available to local registered participating 23 police youth officers so that police youth officers will be 24 able to obtain rapid access to the juvenile's background from 25 other jurisdictions to the end that the police youth officers 26 can make appropriate dispositions which will best serve the 27 interest of the child and the community. Information 28 maintained in the adjudicatory and dispositional record 29 system shall be limited to the incidents or offenses for 30 which the minor was adjudicated delinquent by a court, and a 31 copy of the court's dispositional order. All individually 32 identifiable records in the adjudicatory and dispositional 33 records system shall be destroyed when the person reaches 19 34 years of age. HB1224 Enrolled -7- LRB9101685MWgc 1 20. To develop rules which guarantee the confidentiality 2 of such individually identifiable adjudicatory and 3 dispositional records except when used for the following: 4 (a) by authorized juvenile court personnel or the 5 State's Attorney in connection with proceedings under the 6 Juvenile Court Act of 1987; or 7 (b) inquiries from registered police youth 8 officers. 9 For the purposes of this Act "police youth officer" means 10 a member of a duly organized State, county or municipal 11 police force who is assigned by his or her Superintendent, 12 Sheriff or chief of police, as the case may be, to specialize 13 in youth problems. 14 21. To develop administrative rules and administrative 15 hearing procedures which allow a minor, his or her attorney, 16 and his or her parents or guardian access to individually 17 identifiable adjudicatory and dispositional records for the 18 purpose of determining or challenging the accuracy of the 19 records. Final administrative decisions shall be subject to 20 the provisions of the Administrative Review Law. 21 22. To charge, collect, and receive fees or moneys 22 equivalent to the cost of providing Department of State 23 Police personnel, equipment, and services to local 24 governmental agencies when explicitly requested by a local 25 governmental agency and pursuant to an intergovernmental 26 agreement as provided by this Section, other State agencies, 27 and federal agencies, including but not limited to fees or 28 moneys equivalent to the cost of providing dispatching 29 services, radio and radar repair, and training to local 30 governmental agencies on such terms and conditions as in the 31 judgment of the Director are in the best interest of the 32 State; and to establish, charge, collect and receive fees or 33 moneys based on the cost of providing responses to requests 34 for criminal history record information pursuant to positive HB1224 Enrolled -8- LRB9101685MWgc 1 identification and any Illinois or federal law authorizing 2 access to some aspect of such information and to prescribe 3 the form and manner for requesting and furnishing such 4 information to the requestor on such terms and conditions as 5 in the judgment of the Director are in the best interest of 6 the State, provided fees for requesting and furnishing 7 criminal history record information may be waived for 8 requests in the due administration of the criminal laws. The 9 Department may also charge, collect and receive fees or 10 moneys equivalent to the cost of providing electronic data 11 processing lines or related telecommunication services to 12 local governments, but only when such services can be 13 provided by the Department at a cost less than that 14 experienced by said local governments through other means. 15 All services provided by the Department shall be conducted 16 pursuant to contracts in accordance with the 17 Intergovernmental Cooperation Act, and all telecommunication 18 services shall be provided pursuant to the provisions of 19 Section 67.18 of this Code. 20 All fees received by the Department of State Police under 21 this Act or the Illinois Uniform Conviction Information Act 22 shall be deposited in a special fund in the State Treasury to 23 be known as the State Police Services Fund. The money 24 deposited in the State Police Services Fund shall be 25 appropriated to the Department of State Police for expenses 26 of the Department of State Police. 27 Upon the completion of any audit of the Department of 28 State Police as prescribed by the Illinois State Auditing 29 Act, which audit includes an audit of the State Police 30 Services Fund, the Department of State Police shall make the 31 audit open to inspection by any interested person. 32 23. To exercise the powers and perform the duties which 33 have been vested in the Department of State Police by the 34 Intergovernmental Missing Child Recovery Act of 1984, and to HB1224 Enrolled -9- LRB9101685MWgc 1 establish reasonable rules and regulations necessitated 2 thereby. 3 24. (a) To establish and maintain a statewide Law 4 Enforcement Agencies Data System (LEADS) for the purpose of 5 providing electronic access by authorized entities to 6 criminal justice data repositories and effecting an immediate 7 law enforcement response to reports of missing persons, 8 including lost, missing or runaway minors. The Department 9 shall implement an automatic data exchange system to compile, 10 to maintain and to make available to other law enforcement 11 agencies for immediate dissemination data which can assist 12 appropriate agencies in recovering missing persons and 13 provide access by authorized entities to various data 14 repositories available through LEADS for criminal justice and 15 related purposes. To assist the Department in this effort, 16 funds may be appropriated from the LEADS Maintenance Fund. 17 (b) In exercising its duties under this subsection, the 18 Department shall: 19 (1) provide a uniform reporting format for the 20 entry of pertinent information regarding the report of a 21 missing person into LEADS; 22 (2) develop and implement a policy whereby a 23 statewide or regional alert would be used in situations 24 relating to the disappearances of individuals, based on 25 criteria and in a format established by the Department. 26 Such a format shall include, but not be limited to, the 27 age of the missing person and the suspected circumstance 28 of the disappearance; 29 (3) notify all law enforcement agencies that 30 reports of missing persons shall be entered as soon as 31 the minimum level of data specified by the Department is 32 available to the reporting agency, and that no waiting 33 period for the entry of such data exists; 34 (4) compile and retain information regarding lost, HB1224 Enrolled -10- LRB9101685MWgc 1 abducted, missing or runaway minors in a separate data 2 file, in a manner that allows such information to be used 3 by law enforcement and other agencies deemed appropriate 4 by the Director, for investigative purposes. Such 5 information shall include the disposition of all reported 6 lost, abducted, missing or runaway minor cases; 7 (5) compile and maintain an historic data 8 repository relating to lost, abducted, missing or runaway 9 minors and other missing persons in order to develop and 10 improve techniques utilized by law enforcement agencies 11 when responding to reports of missing persons; and 12 (6) create a quality control program regarding 13 confirmation of missing person data, timeliness of 14 entries of missing person reports into LEADS and 15 performance audits of all entering agencies. 16 25. On request of a school board or regional 17 superintendent of schools, to conduct an inquiry pursuant to 18 Section 10-21.9 or 34-18.5 of the School Code to ascertain if 19 an applicant for employment in a school district has been 20 convicted of any criminal or drug offenses enumerated in 21 Section 10-21.9 or 34-18.5 of the School Code. The 22 Department shall furnish such conviction information to the 23 President of the school board of the school district which 24 has requested the information, or if the information was 25 requested by the regional superintendent to that regional 26 superintendent. 27 26. To promulgate rules and regulations necessary for 28 the administration and enforcement of its powers and duties, 29 wherever granted and imposed, pursuant to the Illinois 30 Administrative Procedure Act. 31 27. To (a) promulgate rules pertaining to the 32 certification, revocation of certification and training of 33 law enforcement officers as electronic criminal surveillance 34 officers, (b) provide training and technical assistance to HB1224 Enrolled -11- LRB9101685MWgc 1 State's Attorneys and local law enforcement agencies 2 pertaining to the interception of private oral 3 communications, (c) promulgate rules necessary for the 4 administration of Article 108B of the Code of Criminal 5 Procedure of 1963, including but not limited to standards for 6 recording and minimization of electronic criminal 7 surveillance intercepts, documentation required to be 8 maintained during an intercept, procedures in relation to 9 evidence developed by an intercept, and (d) charge a 10 reasonable fee to each law enforcement agency that sends 11 officers to receive training as electronic criminal 12 surveillance officers. 13 28. Upon the request of any private organization which 14 devotes a major portion of its time to the provision of 15 recreational, social, educational or child safety services to 16 children, to conduct, pursuant to positive identification, 17 criminal background investigations of all of that 18 organization's current employees, current volunteers, 19 prospective employees or prospective volunteers charged with 20 the care and custody of children during the provision of the 21 organization's services, and to report to the requesting 22 organization any record of convictions maintained in the 23 Department's files about such persons. The Department shall 24 charge an application fee, based on actual costs, for the 25 dissemination of conviction information pursuant to this 26 subsection. The Department is empowered to establish this 27 fee and shall prescribe the form and manner for requesting 28 and furnishing conviction information pursuant to this 29 subsection. Information received by the organization from the 30 Department concerning an individual shall be provided to such 31 individual. Any such information obtained by the 32 organization shall be confidential and may not be transmitted 33 outside the organization and may not be transmitted to anyone 34 within the organization except as needed for the purpose of HB1224 Enrolled -12- LRB9101685MWgc 1 evaluating the individual. Only information and standards 2 which bear a reasonable and rational relation to the 3 performance of child care shall be used by the organization. 4 Any employee of the Department or any member, employee or 5 volunteer of the organization receiving confidential 6 information under this subsection who gives or causes to be 7 given any confidential information concerning any criminal 8 convictions of an individual shall be guilty of a Class A 9 misdemeanor unless release of such information is authorized 10 by this subsection. 11 29. Upon the request of the Department of Children and 12 Family Services, to investigate reports of child abuse or 13 neglect. 14 30. To obtain registration of a fictitious vital record 15 pursuant to Section 15.1 of the Vital Records Act. 16 31. To collect and disseminate information relating to 17 "hate crimes" as defined under Section 12-7.1 of the Criminal 18 Code of 1961 contingent upon the availability of State or 19 Federal funds to revise and upgrade the Illinois Uniform 20 Crime Reporting System. All law enforcement agencies shall 21 report monthly to the Department of State Police concerning 22 such offenses in such form and in such manner as may be 23 prescribed by rules and regulations adopted by the Department 24 of State Police. Such information shall be compiled by the 25 Department and be disseminated upon request to any local law 26 enforcement agency, unit of local government, or state 27 agency. Dissemination of such information shall be subject 28 to all confidentiality requirements otherwise imposed by law. 29 The Department of State Police shall provide training for 30 State Police officers in identifying, responding to, and 31 reporting all hate crimes. The IllinoisLocal Governmental32 Law EnforcementOfficer'sTraining Standards Board shall 33 develop and certify a course of such training to be made 34 available to local law enforcement officers. HB1224 Enrolled -13- LRB9101685MWgc 1 32. Upon the request of a private carrier company that 2 provides transportation under Section 28b of the Metropolitan 3 Transit Authority Act, to ascertain if an applicant for a 4 driver position has been convicted of any criminal or drug 5 offense enumerated in Section 28b of the Metropolitan Transit 6 Authority Act. The Department shall furnish the conviction 7 information to the private carrier company that requested the 8 information. 9 33. To apply for grants or contracts, receive, expend, 10 allocate, or disburse funds and moneys made available by 11 public or private entities, including, but not limited to, 12 contracts, bequests, grants, or receiving equipment from 13 corporations, foundations, or public or private institutions 14 of higher learning. All funds received by the Department 15 from these sources shall be deposited into the appropriate 16 fund in the State Treasury to be appropriated to the 17 Department for purposes as indicated by the grantor or 18 contractor or, in the case of funds or moneys bequeathed or 19 granted for no specific purpose, for any purpose as deemed 20 appropriate by the Director in administering the 21 responsibilities of the Department. 22 34. Upon the request of the Department of Children and 23 Family Services, the Department of State Police shall provide 24 properly designated employees of the Department of Children 25 and Family Services with criminal history record information 26 as defined in the Illinois Uniform Conviction Information Act 27 and information maintained in the adjudicatory and 28 dispositional record system as defined in subdivision (A)19 29 of this Section if the Department of Children and Family 30 Services determines the information is necessary to perform 31 its duties under the Abused and Neglected Child Reporting 32 Act, the Child Care Act of 1969, and the Children and Family 33 Services Act. The request shall be in the form and manner 34 specified by the Department of State Police. HB1224 Enrolled -14- LRB9101685MWgc 1 35. The Illinois Department of Public Aid is an 2 authorized entity under this Section for the purpose of 3 obtaining access to various data repositories available 4 through LEADS, to facilitate the location of individuals for 5 establishing paternity, and establishing, modifying, and 6 enforcing child support obligations, pursuant to the Illinois 7 Public Aid Code and Title IV, Part D of the Social Security 8 Act. The Department shall enter into an agreement with the 9 Illinois Department of Public Aid consistent with these 10 purposes. 11 36. Upon request of the Department of Human Services, to 12 conduct an assessment and evaluation of sexually violent 13 persons as mandated by the Sexually Violent Persons 14 Commitment Act, the Department shall furnish criminal history 15 information maintained on the requested person. The request 16 shall be in the form and manner specified by the Department. 17 37. Upon the request of the chief of a volunteer fire 18 department, the Department shall conduct criminal background 19 investigations of prospective firefighters and report to the 20 requesting chief any record of convictions maintained in the 21 Department's files about those persons. The Department may 22 charge a fee, based on actual costs, for the dissemination of 23 conviction information under this paragraph. The Department 24 may prescribe the form and manner for requesting and 25 furnishing conviction information under this paragraph. 26 (B) The Department of State Police may establish and 27 maintain, within the Department of State Police, a Statewide 28 Organized Criminal Gang Database (SWORD) for the purpose of 29 tracking organized criminal gangs and their memberships. 30 Information in the database may include, but not be limited 31 to, the name, last known address, birth date, physical 32 descriptions (such as scars, marks, or tattoos), officer 33 safety information, organized gang affiliation, and entering 34 agency identifier. The Department may develop, in HB1224 Enrolled -15- LRB9101685MWgc 1 consultation with the Criminal Justice Information Authority, 2 and in a form and manner prescribed by the Department, an 3 automated data exchange system to compile, to maintain, and 4 to make this information electronically available to 5 prosecutors and to other law enforcement agencies. The 6 information may be used by authorized agencies to combat the 7 operations of organized criminal gangs statewide. 8 (C) The Department of State Police may ascertain the 9 number of bilingual police officers and other personnel 10 needed to provide services in a language other than English 11 and may establish, under applicable personnel rules and 12 Department guidelines or through a collective bargaining 13 agreement, a bilingual pay supplement program. 14 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 15 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-655, eff. 16 7-30-98; 90-793, eff. 8-14-98; revised 10-6-98.) 17 (Text of Section after amendment by P.A. 90-590) 18 Sec. 55a. Powers and duties. 19 (A) The Department of State Police shall have the 20 following powers and duties, and those set forth in Sections 21 55a-1 through 55c: 22 1. To exercise the rights, powers and duties which have 23 been vested in the Department of Public Safety by the State 24 Police Act. 25 2. To exercise the rights, powers and duties which have 26 been vested in the Department of Public Safety by the State 27 Police Radio Act. 28 3. To exercise the rights, powers and duties which have 29 been vested in the Department of Public Safety by the 30 Criminal Identification Act. 31 4. To (a) investigate the origins, activities, personnel 32 and incidents of crime and the ways and means to redress the 33 victims of crimes, and study the impact, if any, of 34 legislation relative to the effusion of crime and growing HB1224 Enrolled -16- LRB9101685MWgc 1 crime rates, and enforce the criminal laws of this State 2 related thereto, (b) enforce all laws regulating the 3 production, sale, prescribing, manufacturing, administering, 4 transporting, having in possession, dispensing, delivering, 5 distributing, or use of controlled substances and cannabis, 6 (c) employ skilled experts, scientists, technicians, 7 investigators or otherwise specially qualified persons to aid 8 in preventing or detecting crime, apprehending criminals, or 9 preparing and presenting evidence of violations of the 10 criminal laws of the State, (d) cooperate with the police of 11 cities, villages and incorporated towns, and with the police 12 officers of any county, in enforcing the laws of the State 13 and in making arrests and recovering property, (e) apprehend 14 and deliver up any person charged in this State or any other 15 State of the United States with treason, felony, or other 16 crime, who has fled from justice and is found in this State, 17 and (f) conduct such other investigations as may be provided 18 by law. Persons exercising these powers within the Department 19 are conservators of the peace and as such have all the powers 20 possessed by policemen in cities and sheriffs, except that 21 they may exercise such powers anywhere in the State in 22 cooperation with and after contact with the local law 23 enforcement officials. Such persons may use false or 24 fictitious names in the performance of their duties under 25 this paragraph, upon approval of the Director, and shall not 26 be subject to prosecution under the criminal laws for such 27 use. 28 5. To: (a) be a central repository and custodian of 29 criminal statistics for the State, (b) be a central 30 repository for criminal history record information, (c) 31 procure and file for record such information as is necessary 32 and helpful to plan programs of crime prevention, law 33 enforcement and criminal justice, (d) procure and file for 34 record such copies of fingerprints, as may be required by HB1224 Enrolled -17- LRB9101685MWgc 1 law, (e) establish general and field crime laboratories, (f) 2 register and file for record such information as may be 3 required by law for the issuance of firearm owner's 4 identification cards, (g) employ polygraph operators, 5 laboratory technicians and other specially qualified persons 6 to aid in the identification of criminal activity, and (h) 7 undertake such other identification, information, laboratory, 8 statistical or registration activities as may be required by 9 law. 10 6. To (a) acquire and operate one or more radio 11 broadcasting stations in the State to be used for police 12 purposes, (b) operate a statewide communications network to 13 gather and disseminate information for law enforcement 14 agencies, (c) operate an electronic data processing and 15 computer center for the storage and retrieval of data 16 pertaining to criminal activity, and (d) undertake such other 17 communication activities as may be required by law. 18 7. To provide, as may be required by law, assistance to 19 local law enforcement agencies through (a) training, 20 management and consultant services for local law enforcement 21 agencies, and (b) the pursuit of research and the publication 22 of studies pertaining to local law enforcement activities. 23 8. To exercise the rights, powers and duties which have 24 been vested in the Department of State Police and the 25 Director of the Department of State Police by the Narcotic 26 Control Division Abolition Act. 27 9. To exercise the rights, powers and duties which have 28 been vested in the Department of Public Safety by the 29 Illinois Vehicle Code. 30 10. To exercise the rights, powers and duties which have 31 been vested in the Department of Public Safety by the Firearm 32 Owners Identification Card Act. 33 11. To enforce and administer such other laws in 34 relation to law enforcement as may be vested in the HB1224 Enrolled -18- LRB9101685MWgc 1 Department. 2 12. To transfer jurisdiction of any realty title to 3 which is held by the State of Illinois under the control of 4 the Department to any other department of the State 5 government or to the State Employees Housing Commission, or 6 to acquire or accept Federal land, when such transfer, 7 acquisition or acceptance is advantageous to the State and is 8 approved in writing by the Governor. 9 13. With the written approval of the Governor, to enter 10 into agreements with other departments created by this Act, 11 for the furlough of inmates of the penitentiary to such other 12 departments for their use in research programs being 13 conducted by them. 14 For the purpose of participating in such research 15 projects, the Department may extend the limits of any 16 inmate's place of confinement, when there is reasonable cause 17 to believe that the inmate will honor his or her trust by 18 authorizing the inmate, under prescribed conditions, to leave 19 the confines of the place unaccompanied by a custodial agent 20 of the Department. The Department shall make rules governing 21 the transfer of the inmate to the requesting other department 22 having the approved research project, and the return of such 23 inmate to the unextended confines of the penitentiary. Such 24 transfer shall be made only with the consent of the inmate. 25 The willful failure of a prisoner to remain within the 26 extended limits of his or her confinement or to return within 27 the time or manner prescribed to the place of confinement 28 designated by the Department in granting such extension shall 29 be deemed an escape from custody of the Department and 30 punishable as provided in Section 3-6-4 of the Unified Code 31 of Corrections. 32 14. To provide investigative services, with all of the 33 powers possessed by policemen in cities and sheriffs, in and 34 around all race tracks subject to the Horse Racing Act of HB1224 Enrolled -19- LRB9101685MWgc 1 1975. 2 15. To expend such sums as the Director deems necessary 3 from Contractual Services appropriations for the Division of 4 Criminal Investigation for the purchase of evidence and for 5 the employment of persons to obtain evidence. Such sums shall 6 be advanced to agents authorized by the Director to expend 7 funds, on vouchers signed by the Director. 8 16. To assist victims and witnesses in gang crime 9 prosecutions through the administration of funds appropriated 10 from the Gang Violence Victims and Witnesses Fund to the 11 Department. Such funds shall be appropriated to the 12 Department and shall only be used to assist victims and 13 witnesses in gang crime prosecutions and such assistance may 14 include any of the following: 15 (a) temporary living costs; 16 (b) moving expenses; 17 (c) closing costs on the sale of private residence; 18 (d) first month's rent; 19 (e) security deposits; 20 (f) apartment location assistance; 21 (g) other expenses which the Department considers 22 appropriate; and 23 (h) compensation for any loss of or injury to real 24 or personal property resulting from a gang crime to a 25 maximum of $5,000, subject to the following provisions: 26 (1) in the case of loss of property, the 27 amount of compensation shall be measured by the 28 replacement cost of similar or like property which 29 has been incurred by and which is substantiated by 30 the property owner, 31 (2) in the case of injury to property, the 32 amount of compensation shall be measured by the cost 33 of repair incurred and which can be substantiated by 34 the property owner, HB1224 Enrolled -20- LRB9101685MWgc 1 (3) compensation under this provision is a 2 secondary source of compensation and shall be 3 reduced by any amount the property owner receives 4 from any other source as compensation for the loss 5 or injury, including, but not limited to, personal 6 insurance coverage, 7 (4) no compensation may be awarded if the 8 property owner was an offender or an accomplice of 9 the offender, or if the award would unjustly benefit 10 the offender or offenders, or an accomplice of the 11 offender or offenders. 12 No victim or witness may receive such assistance if he or 13 she is not a part of or fails to fully cooperate in the 14 prosecution of gang crime members by law enforcement 15 authorities. 16 The Department shall promulgate any rules necessary for 17 the implementation of this amendatory Act of 1985. 18 17. To conduct arson investigations. 19 18. To develop a separate statewide statistical police 20 contact record keeping system for the study of juvenile 21 delinquency. The records of this police contact system shall 22 be limited to statistical information. No individually 23 identifiable information shall be maintained in the police 24 contact statistical record system. 25 19. To develop a separate statewide central juvenile 26 records system for persons arrested prior to the age of 17 27 under Section 5-401 of the Juvenile Court Act of 1987 or 28 adjudicated delinquent minors and to make information 29 available to local law enforcement officers so that law 30 enforcement officers will be able to obtain rapid access to 31 the background of the minor from other jurisdictions to the 32 end that the juvenile police officers can make appropriate 33 decisions which will best serve the interest of the child and 34 the community. The Department shall submit a quarterly HB1224 Enrolled -21- LRB9101685MWgc 1 report to the General Assembly and Governor which shall 2 contain the number of juvenile records that the Department 3 has received in that quarter and,a list, by category, of 4 offenses that minors were arrested for or convicted of by 5 age, race and gender. 6 20. To develop rules which guarantee the confidentiality 7 of such individually identifiable juvenile records except to 8 juvenile authorities who request information concerning the 9 minor and who certify in writing that the information will 10 not be disclosed to any other party except as provided under 11 law or order of court. For purposes of this Section, 12 "juvenile authorities" means: (i) a judge of the circuit 13 court and members of the staff of the court designated by the 14 judge; (ii) parties to the proceedings under the Juvenile 15 Court Act of 1987 and their attorneys; (iii) probation 16 officers and court appointed advocates for the juvenile 17 authorized by the judge hearing the case; (iv) any individual 18 or,public orofprivate agency having custody of the child 19 pursuant to court order; (v) any individual or,public or 20 private agency providing education, medical or mental health 21 service to the child when the requested information is needed 22 to determine the appropriate service or treatment for the 23 minor; (vi) any potential placement provider when such 24 release is authorized by the court for the limited purpose of 25 determining the appropriateness of the potential placement; 26 (vii) law enforcement officers and prosecutors; (viii) adult 27 and juvenile prisoner review boards; (ix) authorized military 28 personnel; (x) individuals authorized by court; (xi) the 29 Illinois General Assembly or any committee or commission 30 thereof. 31 21. To develop administrative rules and administrative 32 hearing procedures which allow a minor, his or her attorney, 33 and his or her parents or guardian access to individually 34 identifiable juvenile records for the purpose of determining HB1224 Enrolled -22- LRB9101685MWgc 1 or challenging the accuracy of the records. Final 2 administrative decisions shall be subject to the provisions 3 of the Administrative Review Law. 4 22. To charge, collect, and receive fees or moneys 5 equivalent to the cost of providing Department of State 6 Police personnel, equipment, and services to local 7 governmental agencies when explicitly requested by a local 8 governmental agency and pursuant to an intergovernmental 9 agreement as provided by this Section, other State agencies, 10 and federal agencies, including but not limited to fees or 11 moneys equivalent to the cost of providing dispatching 12 services, radio and radar repair, and training to local 13 governmental agencies on such terms and conditions as in the 14 judgment of the Director are in the best interest of the 15 State; and to establish, charge, collect and receive fees or 16 moneys based on the cost of providing responses to requests 17 for criminal history record information pursuant to positive 18 identification and any Illinois or federal law authorizing 19 access to some aspect of such information and to prescribe 20 the form and manner for requesting and furnishing such 21 information to the requestor on such terms and conditions as 22 in the judgment of the Director are in the best interest of 23 the State, provided fees for requesting and furnishing 24 criminal history record information may be waived for 25 requests in the due administration of the criminal laws. The 26 Department may also charge, collect and receive fees or 27 moneys equivalent to the cost of providing electronic data 28 processing lines or related telecommunication services to 29 local governments, but only when such services can be 30 provided by the Department at a cost less than that 31 experienced by said local governments through other means. 32 All services provided by the Department shall be conducted 33 pursuant to contracts in accordance with the 34 Intergovernmental Cooperation Act, and all telecommunication HB1224 Enrolled -23- LRB9101685MWgc 1 services shall be provided pursuant to the provisions of 2 Section 67.18 of this Code. 3 All fees received by the Department of State Police under 4 this Act or the Illinois Uniform Conviction Information Act 5 shall be deposited in a special fund in the State Treasury to 6 be known as the State Police Services Fund. The money 7 deposited in the State Police Services Fund shall be 8 appropriated to the Department of State Police for expenses 9 of the Department of State Police. 10 Upon the completion of any audit of the Department of 11 State Police as prescribed by the Illinois State Auditing 12 Act, which audit includes an audit of the State Police 13 Services Fund, the Department of State Police shall make the 14 audit open to inspection by any interested person. 15 23. To exercise the powers and perform the duties which 16 have been vested in the Department of State Police by the 17 Intergovernmental Missing Child Recovery Act of 1984, and to 18 establish reasonable rules and regulations necessitated 19 thereby. 20 24. (a) To establish and maintain a statewide Law 21 Enforcement Agencies Data System (LEADS) for the purpose of 22 providing electronic access by authorized entities to 23 criminal justice data repositories and effecting an immediate 24 law enforcement response to reports of missing persons, 25 including lost, missing or runaway minors. The Department 26 shall implement an automatic data exchange system to compile, 27 to maintain and to make available to other law enforcement 28 agencies for immediate dissemination data which can assist 29 appropriate agencies in recovering missing persons and 30 provide access by authorized entities to various data 31 repositories available through LEADS for criminal justice and 32 related purposes. To assist the Department in this effort, 33 funds may be appropriated from the LEADS Maintenance Fund. 34 (b) In exercising its duties under this subsection, the HB1224 Enrolled -24- LRB9101685MWgc 1 Department shall: 2 (1) provide a uniform reporting format for the 3 entry of pertinent information regarding the report of a 4 missing person into LEADS; 5 (2) develop and implement a policy whereby a 6 statewide or regional alert would be used in situations 7 relating to the disappearances of individuals, based on 8 criteria and in a format established by the Department. 9 Such a format shall include, but not be limited to, the 10 age of the missing person and the suspected circumstance 11 of the disappearance; 12 (3) notify all law enforcement agencies that 13 reports of missing persons shall be entered as soon as 14 the minimum level of data specified by the Department is 15 available to the reporting agency, and that no waiting 16 period for the entry of such data exists; 17 (4) compile and retain information regarding lost, 18 abducted, missing or runaway minors in a separate data 19 file, in a manner that allows such information to be used 20 by law enforcement and other agencies deemed appropriate 21 by the Director, for investigative purposes. Such 22 information shall include the disposition of all reported 23 lost, abducted, missing or runaway minor cases; 24 (5) compile and maintain an historic data 25 repository relating to lost, abducted, missing or runaway 26 minors and other missing persons in order to develop and 27 improve techniques utilized by law enforcement agencies 28 when responding to reports of missing persons; and 29 (6) create a quality control program regarding 30 confirmation of missing person data, timeliness of 31 entries of missing person reports into LEADS and 32 performance audits of all entering agencies. 33 25. On request of a school board or regional 34 superintendent of schools, to conduct an inquiry pursuant to HB1224 Enrolled -25- LRB9101685MWgc 1 Section 10-21.9 or 34-18.5 of the School Code to ascertain if 2 an applicant for employment in a school district has been 3 convicted of any criminal or drug offenses enumerated in 4 Section 10-21.9 or 34-18.5 of the School Code. The 5 Department shall furnish such conviction information to the 6 President of the school board of the school district which 7 has requested the information, or if the information was 8 requested by the regional superintendent to that regional 9 superintendent. 10 26. To promulgate rules and regulations necessary for 11 the administration and enforcement of its powers and duties, 12 wherever granted and imposed, pursuant to the Illinois 13 Administrative Procedure Act. 14 27. To (a) promulgate rules pertaining to the 15 certification, revocation of certification and training of 16 law enforcement officers as electronic criminal surveillance 17 officers, (b) provide training and technical assistance to 18 State's Attorneys and local law enforcement agencies 19 pertaining to the interception of private oral 20 communications, (c) promulgate rules necessary for the 21 administration of Article 108B of the Code of Criminal 22 Procedure of 1963, including but not limited to standards for 23 recording and minimization of electronic criminal 24 surveillance intercepts, documentation required to be 25 maintained during an intercept, procedures in relation to 26 evidence developed by an intercept, and (d) charge a 27 reasonable fee to each law enforcement agency that sends 28 officers to receive training as electronic criminal 29 surveillance officers. 30 28. Upon the request of any private organization which 31 devotes a major portion of its time to the provision of 32 recreational, social, educational or child safety services to 33 children, to conduct, pursuant to positive identification, 34 criminal background investigations of all of that HB1224 Enrolled -26- LRB9101685MWgc 1 organization's current employees, current volunteers, 2 prospective employees or prospective volunteers charged with 3 the care and custody of children during the provision of the 4 organization's services, and to report to the requesting 5 organization any record of convictions maintained in the 6 Department's files about such persons. The Department shall 7 charge an application fee, based on actual costs, for the 8 dissemination of conviction information pursuant to this 9 subsection. The Department is empowered to establish this 10 fee and shall prescribe the form and manner for requesting 11 and furnishing conviction information pursuant to this 12 subsection. Information received by the organization from the 13 Department concerning an individual shall be provided to such 14 individual. Any such information obtained by the 15 organization shall be confidential and may not be transmitted 16 outside the organization and may not be transmitted to anyone 17 within the organization except as needed for the purpose of 18 evaluating the individual. Only information and standards 19 which bear a reasonable and rational relation to the 20 performance of child care shall be used by the organization. 21 Any employee of the Department or any member, employee or 22 volunteer of the organization receiving confidential 23 information under this subsection who gives or causes to be 24 given any confidential information concerning any criminal 25 convictions of an individual shall be guilty of a Class A 26 misdemeanor unless release of such information is authorized 27 by this subsection. 28 29. Upon the request of the Department of Children and 29 Family Services, to investigate reports of child abuse or 30 neglect. 31 30. To obtain registration of a fictitious vital record 32 pursuant to Section 15.1 of the Vital Records Act. 33 31. To collect and disseminate information relating to 34 "hate crimes" as defined under Section 12-7.1 of the Criminal HB1224 Enrolled -27- LRB9101685MWgc 1 Code of 1961 contingent upon the availability of State or 2 Federal funds to revise and upgrade the Illinois Uniform 3 Crime Reporting System. All law enforcement agencies shall 4 report monthly to the Department of State Police concerning 5 such offenses in such form and in such manner as may be 6 prescribed by rules and regulations adopted by the Department 7 of State Police. Such information shall be compiled by the 8 Department and be disseminated upon request to any local law 9 enforcement agency, unit of local government, or state 10 agency. Dissemination of such information shall be subject 11 to all confidentiality requirements otherwise imposed by law. 12 The Department of State Police shall provide training for 13 State Police officers in identifying, responding to, and 14 reporting all hate crimes. The Illinois Law Enforcement 15 Training Standards Board shall develop and certify a course 16 of such training to be made available to local law 17 enforcement officers. 18 32. Upon the request of a private carrier company that 19 provides transportation under Section 28b of the Metropolitan 20 Transit Authority Act, to ascertain if an applicant for a 21 driver position has been convicted of any criminal or drug 22 offense enumerated in Section 28b of the Metropolitan Transit 23 Authority Act. The Department shall furnish the conviction 24 information to the private carrier company that requested the 25 information. 26 33. To apply for grants or contracts, receive, expend, 27 allocate, or disburse funds and moneys made available by 28 public or private entities, including, but not limited to, 29 contracts, bequests, grants, or receiving equipment from 30 corporations, foundations, or public or private institutions 31 of higher learning. All funds received by the Department 32 from these sources shall be deposited into the appropriate 33 fund in the State Treasury to be appropriated to the 34 Department for purposes as indicated by the grantor or HB1224 Enrolled -28- LRB9101685MWgc 1 contractor or, in the case of funds or moneys bequeathed or 2 granted for no specific purpose, for any purpose as deemed 3 appropriate by the Director in administering the 4 responsibilities of the Department. 5 34. Upon the request of the Department of Children and 6 Family Services, the Department of State Police shall provide 7 properly designated employees of the Department of Children 8 and Family Services with criminal history record information 9 as defined in the Illinois Uniform Conviction Information Act 10 and information maintained in the Statewide Central Juvenile 11 record system as defined in subdivision (A)19 of this Section 12 if the Department of Children and Family Services determines 13 the information is necessary to perform its duties under the 14 Abused and Neglected Child Reporting Act, the Child Care Act 15 of 1969, and the Children and Family Services Act. The 16 request shall be in the form and manner specified by the 17 Department of State Police. 18 35. The Illinois Department of Public Aid is an 19 authorized entity under this Section for the purpose of 20 exchanging information, in the form and manner required by 21 the Department of State Police,obtaining access to various22data repositories available through LEADS,to facilitate the 23 location of individuals for establishing paternity, and 24 establishing, modifying, and enforcing child support 25 obligations, pursuant to the Illinois Public Aid Code and 26 Title IV, PartSectionD of the Social Security Act.The27Department shall enter into an agreement with the Illinois28Department of Public Aid consistent with these purposes.29 36. Upon request of the Department of Human Services, to 30 conduct an assessment and evaluation of sexually violent 31 persons as mandated by the Sexually Violent Persons 32 Commitment Act, the Department shall furnish criminal history 33 information maintained on the requested person. The request 34 shall be in the form and manner specified by the Department. HB1224 Enrolled -29- LRB9101685MWgc 1 37. Upon the request of the chief of a volunteer fire 2 department, the Department shall conduct criminal background 3 investigations of prospective firefighters and report to the 4 requesting chief any record of convictions maintained in the 5 Department's files about those persons. The Department may 6 charge a fee, based on actual costs, for the dissemination of 7 conviction information under this paragraph. The Department 8 may prescribe the form and manner for requesting and 9 furnishing conviction information under this paragraph. 10 (B) The Department of State Police may establish and 11 maintain, within the Department of State Police, a Statewide 12 Organized Criminal Gang Database (SWORD) for the purpose of 13 tracking organized criminal gangs and their memberships. 14 Information in the database may include, but not be limited 15 to, the name, last known address, birth date, physical 16 descriptions (such as scars, marks, or tattoos), officer 17 safety information, organized gang affiliation, and entering 18 agency identifier. The Department may develop, in 19 consultation with the Criminal Justice Information Authority, 20 and in a form and manner prescribed by the Department, an 21 automated data exchange system to compile, to maintain, and 22 to make this information electronically available to 23 prosecutors and to other law enforcement agencies. The 24 information may be used by authorized agencies to combat the 25 operations of organized criminal gangs statewide. 26 (C) The Department of State Police may ascertain the 27 number of bilingual police officers and other personnel 28 needed to provide services in a language other than English 29 and may establish, under applicable personnel rules and 30 Department guidelines or through a collective bargaining 31 agreement, a bilingual pay supplement program. 32 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97; 33 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 34 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised HB1224 Enrolled -30- LRB9101685MWgc 1 10-6-98.) 2 Section 95. No acceleration or delay. Where this Act 3 makes changes in a statute that is represented in this Act by 4 text that is not yet or no longer in effect (for example, a 5 Section represented by multiple versions), the use of that 6 text does not accelerate or delay the taking effect of (i) 7 the changes made by this Act or (ii) provisions derived from 8 any other Public Act.