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91_HB2604
LRB9103299MWgcA
1 AN ACT to transfer the power and functions of the
2 Department of Law Enforcement of the Office of the State Fire
3 Marshal to the Department of State Police.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Civil Administrative Code of Illinois is
7 amended by changing Section 55a and adding Section 55a-9 as
8 follows:
9 (20 ILCS 2605/55a) (from Ch. 127, par. 55a)
10 (Text of Section before amendment by P.A. 90-590)
11 Sec. 55a. Powers and duties.
12 (A) The Department of State Police shall have the
13 following powers and duties, and those set forth in Sections
14 55a-1 through 55c:
15 1. To exercise the rights, powers and duties which have
16 been vested in the Department of Public Safety by the State
17 Police Act.
18 2. To exercise the rights, powers and duties which have
19 been vested in the Department of Public Safety by the State
20 Police Radio Act.
21 3. To exercise the rights, powers and duties which have
22 been vested in the Department of Public Safety by the
23 Criminal Identification Act.
24 4. To (a) investigate the origins, activities, personnel
25 and incidents of crime and the ways and means to redress the
26 victims of crimes, and study the impact, if any, of
27 legislation relative to the effusion of crime and growing
28 crime rates, and enforce the criminal laws of this State
29 related thereto, (b) enforce all laws regulating the
30 production, sale, prescribing, manufacturing, administering,
31 transporting, having in possession, dispensing, delivering,
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1 distributing, or use of controlled substances and cannabis,
2 (c) employ skilled experts, scientists, technicians,
3 investigators or otherwise specially qualified persons to aid
4 in preventing or detecting crime, apprehending criminals, or
5 preparing and presenting evidence of violations of the
6 criminal laws of the State, (d) cooperate with the police of
7 cities, villages and incorporated towns, and with the police
8 officers of any county, in enforcing the laws of the State
9 and in making arrests and recovering property, (e) apprehend
10 and deliver up any person charged in this State or any other
11 State of the United States with treason, felony, or other
12 crime, who has fled from justice and is found in this State,
13 and (f) conduct such other investigations as may be provided
14 by law. Persons exercising these powers within the Department
15 are conservators of the peace and as such have all the powers
16 possessed by policemen in cities and sheriffs, except that
17 they may exercise such powers anywhere in the State in
18 cooperation with and after contact with the local law
19 enforcement officials. Such persons may use false or
20 fictitious names in the performance of their duties under
21 this paragraph, upon approval of the Director, and shall not
22 be subject to prosecution under the criminal laws for such
23 use.
24 5. To: (a) be a central repository and custodian of
25 criminal statistics for the State, (b) be a central
26 repository for criminal history record information, (c)
27 procure and file for record such information as is necessary
28 and helpful to plan programs of crime prevention, law
29 enforcement and criminal justice, (d) procure and file for
30 record such copies of fingerprints, as may be required by
31 law, (e) establish general and field crime laboratories, (f)
32 register and file for record such information as may be
33 required by law for the issuance of firearm owner's
34 identification cards, (g) employ polygraph operators,
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1 laboratory technicians and other specially qualified persons
2 to aid in the identification of criminal activity, and (h)
3 undertake such other identification, information, laboratory,
4 statistical or registration activities as may be required by
5 law.
6 6. To (a) acquire and operate one or more radio
7 broadcasting stations in the State to be used for police
8 purposes, (b) operate a statewide communications network to
9 gather and disseminate information for law enforcement
10 agencies, (c) operate an electronic data processing and
11 computer center for the storage and retrieval of data
12 pertaining to criminal activity, and (d) undertake such other
13 communication activities as may be required by law.
14 7. To provide, as may be required by law, assistance to
15 local law enforcement agencies through (a) training,
16 management and consultant services for local law enforcement
17 agencies, and (b) the pursuit of research and the publication
18 of studies pertaining to local law enforcement activities.
19 8. To exercise the rights, powers and duties which have
20 been vested in the Department of State Police and the
21 Director of the Department of State Police by the Narcotic
22 Control Division Abolition Act.
23 9. To exercise the rights, powers and duties which have
24 been vested in the Department of Public Safety by the
25 Illinois Vehicle Code.
26 10. To exercise the rights, powers and duties which have
27 been vested in the Department of Public Safety by the Firearm
28 Owners Identification Card Act.
29 11. To enforce and administer such other laws in
30 relation to law enforcement as may be vested in the
31 Department.
32 12. To transfer jurisdiction of any realty title to
33 which is held by the State of Illinois under the control of
34 the Department to any other department of the State
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1 government or to the State Employees Housing Commission, or
2 to acquire or accept Federal land, when such transfer,
3 acquisition or acceptance is advantageous to the State and is
4 approved in writing by the Governor.
5 13. With the written approval of the Governor, to enter
6 into agreements with other departments created by this Act,
7 for the furlough of inmates of the penitentiary to such other
8 departments for their use in research programs being
9 conducted by them.
10 For the purpose of participating in such research
11 projects, the Department may extend the limits of any
12 inmate's place of confinement, when there is reasonable cause
13 to believe that the inmate will honor his or her trust by
14 authorizing the inmate, under prescribed conditions, to leave
15 the confines of the place unaccompanied by a custodial agent
16 of the Department. The Department shall make rules governing
17 the transfer of the inmate to the requesting other department
18 having the approved research project, and the return of such
19 inmate to the unextended confines of the penitentiary. Such
20 transfer shall be made only with the consent of the inmate.
21 The willful failure of a prisoner to remain within the
22 extended limits of his or her confinement or to return within
23 the time or manner prescribed to the place of confinement
24 designated by the Department in granting such extension shall
25 be deemed an escape from custody of the Department and
26 punishable as provided in Section 3-6-4 of the Unified Code
27 of Corrections.
28 14. To provide investigative services, with all of the
29 powers possessed by policemen in cities and sheriffs, in and
30 around all race tracks subject to the Horse Racing Act of
31 1975.
32 15. To expend such sums as the Director deems necessary
33 from Contractual Services appropriations for the Division of
34 Criminal Investigation for the purchase of evidence and for
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1 the employment of persons to obtain evidence. Such sums shall
2 be advanced to agents authorized by the Director to expend
3 funds, on vouchers signed by the Director.
4 16. To assist victims and witnesses in gang crime
5 prosecutions through the administration of funds appropriated
6 from the Gang Violence Victims and Witnesses Fund to the
7 Department. Such funds shall be appropriated to the
8 Department and shall only be used to assist victims and
9 witnesses in gang crime prosecutions and such assistance may
10 include any of the following:
11 (a) temporary living costs;
12 (b) moving expenses;
13 (c) closing costs on the sale of private residence;
14 (d) first month's rent;
15 (e) security deposits;
16 (f) apartment location assistance;
17 (g) other expenses which the Department considers
18 appropriate; and
19 (h) compensation for any loss of or injury to real
20 or personal property resulting from a gang crime to a
21 maximum of $5,000, subject to the following provisions:
22 (1) in the case of loss of property, the
23 amount of compensation shall be measured by the
24 replacement cost of similar or like property which
25 has been incurred by and which is substantiated by
26 the property owner,
27 (2) in the case of injury to property, the
28 amount of compensation shall be measured by the cost
29 of repair incurred and which can be substantiated by
30 the property owner,
31 (3) compensation under this provision is a
32 secondary source of compensation and shall be
33 reduced by any amount the property owner receives
34 from any other source as compensation for the loss
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1 or injury, including, but not limited to, personal
2 insurance coverage,
3 (4) no compensation may be awarded if the
4 property owner was an offender or an accomplice of
5 the offender, or if the award would unjustly benefit
6 the offender or offenders, or an accomplice of the
7 offender or offenders.
8 No victim or witness may receive such assistance if he or
9 she is not a part of or fails to fully cooperate in the
10 prosecution of gang crime members by law enforcement
11 authorities.
12 The Department shall promulgate any rules necessary for
13 the implementation of this amendatory Act of 1985.
14 17. To conduct arson investigations. Beginning on the
15 effective date of this amendatory Act of the 91st General
16 Assembly, the Department shall exercise the authority to
17 investigate arsons, fires, and explosions that had been
18 vested by law in the Office of State Fire Marshal.
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 adjudicatory
26 and dispositional records system for persons under 19 years
27 of age who have been adjudicated delinquent minors and to
28 make information available to local registered participating
29 police youth officers so that police youth officers will be
30 able to obtain rapid access to the juvenile's background from
31 other jurisdictions to the end that the police youth officers
32 can make appropriate dispositions which will best serve the
33 interest of the child and the community. Information
34 maintained in the adjudicatory and dispositional record
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1 system shall be limited to the incidents or offenses for
2 which the minor was adjudicated delinquent by a court, and a
3 copy of the court's dispositional order. All individually
4 identifiable records in the adjudicatory and dispositional
5 records system shall be destroyed when the person reaches 19
6 years of age.
7 20. To develop rules which guarantee the confidentiality
8 of such individually identifiable adjudicatory and
9 dispositional records except when used for the following:
10 (a) by authorized juvenile court personnel or the
11 State's Attorney in connection with proceedings under the
12 Juvenile Court Act of 1987; or
13 (b) inquiries from registered police youth
14 officers.
15 For the purposes of this Act "police youth officer" means
16 a member of a duly organized State, county or municipal
17 police force who is assigned by his or her Superintendent,
18 Sheriff or chief of police, as the case may be, to specialize
19 in youth problems.
20 21. To develop administrative rules and administrative
21 hearing procedures which allow a minor, his or her attorney,
22 and his or her parents or guardian access to individually
23 identifiable adjudicatory and dispositional records for the
24 purpose of determining or challenging the accuracy of the
25 records. Final administrative decisions shall be subject to
26 the provisions of the Administrative Review Law.
27 22. To charge, collect, and receive fees or moneys
28 equivalent to the cost of providing Department of State
29 Police personnel, equipment, and services to local
30 governmental agencies when explicitly requested by a local
31 governmental agency and pursuant to an intergovernmental
32 agreement as provided by this Section, other State agencies,
33 and federal agencies, including but not limited to fees or
34 moneys equivalent to the cost of providing dispatching
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1 services, radio and radar repair, and training to local
2 governmental agencies on such terms and conditions as in the
3 judgment of the Director are in the best interest of the
4 State; and to establish, charge, collect and receive fees or
5 moneys based on the cost of providing responses to requests
6 for criminal history record information pursuant to positive
7 identification and any Illinois or federal law authorizing
8 access to some aspect of such information and to prescribe
9 the form and manner for requesting and furnishing such
10 information to the requestor on such terms and conditions as
11 in the judgment of the Director are in the best interest of
12 the State, provided fees for requesting and furnishing
13 criminal history record information may be waived for
14 requests in the due administration of the criminal laws. The
15 Department may also charge, collect and receive fees or
16 moneys equivalent to the cost of providing electronic data
17 processing lines or related telecommunication services to
18 local governments, but only when such services can be
19 provided by the Department at a cost less than that
20 experienced by said local governments through other means.
21 All services provided by the Department shall be conducted
22 pursuant to contracts in accordance with the
23 Intergovernmental Cooperation Act, and all telecommunication
24 services shall be provided pursuant to the provisions of
25 Section 67.18 of this Code.
26 All fees received by the Department of State Police under
27 this Act or the Illinois Uniform Conviction Information Act
28 shall be deposited in a special fund in the State Treasury to
29 be known as the State Police Services Fund. The money
30 deposited in the State Police Services Fund shall be
31 appropriated to the Department of State Police for expenses
32 of the Department of State Police.
33 Upon the completion of any audit of the Department of
34 State Police as prescribed by the Illinois State Auditing
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1 Act, which audit includes an audit of the State Police
2 Services Fund, the Department of State Police shall make the
3 audit open to inspection by any interested person.
4 23. To exercise the powers and perform the duties which
5 have been vested in the Department of State Police by the
6 Intergovernmental Missing Child Recovery Act of 1984, and to
7 establish reasonable rules and regulations necessitated
8 thereby.
9 24. (a) To establish and maintain a statewide Law
10 Enforcement Agencies Data System (LEADS) for the purpose of
11 providing electronic access by authorized entities to
12 criminal justice data repositories and effecting an immediate
13 law enforcement response to reports of missing persons,
14 including lost, missing or runaway minors. The Department
15 shall implement an automatic data exchange system to compile,
16 to maintain and to make available to other law enforcement
17 agencies for immediate dissemination data which can assist
18 appropriate agencies in recovering missing persons and
19 provide access by authorized entities to various data
20 repositories available through LEADS for criminal justice and
21 related purposes. To assist the Department in this effort,
22 funds may be appropriated from the LEADS Maintenance Fund.
23 (b) In exercising its duties under this subsection, the
24 Department shall:
25 (1) provide a uniform reporting format for the
26 entry of pertinent information regarding the report of a
27 missing person into LEADS;
28 (2) develop and implement a policy whereby a
29 statewide or regional alert would be used in situations
30 relating to the disappearances of individuals, based on
31 criteria and in a format established by the Department.
32 Such a format shall include, but not be limited to, the
33 age of the missing person and the suspected circumstance
34 of the disappearance;
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1 (3) notify all law enforcement agencies that
2 reports of missing persons shall be entered as soon as
3 the minimum level of data specified by the Department is
4 available to the reporting agency, and that no waiting
5 period for the entry of such data exists;
6 (4) compile and retain information regarding lost,
7 abducted, missing or runaway minors in a separate data
8 file, in a manner that allows such information to be used
9 by law enforcement and other agencies deemed appropriate
10 by the Director, for investigative purposes. Such
11 information shall include the disposition of all reported
12 lost, abducted, missing or runaway minor cases;
13 (5) compile and maintain an historic data
14 repository relating to lost, abducted, missing or runaway
15 minors and other missing persons in order to develop and
16 improve techniques utilized by law enforcement agencies
17 when responding to reports of missing persons; and
18 (6) create a quality control program regarding
19 confirmation of missing person data, timeliness of
20 entries of missing person reports into LEADS and
21 performance audits of all entering agencies.
22 25. On request of a school board or regional
23 superintendent of schools, to conduct an inquiry pursuant to
24 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
25 an applicant for employment in a school district has been
26 convicted of any criminal or drug offenses enumerated in
27 Section 10-21.9 or 34-18.5 of the School Code. The
28 Department shall furnish such conviction information to the
29 President of the school board of the school district which
30 has requested the information, or if the information was
31 requested by the regional superintendent to that regional
32 superintendent.
33 26. To promulgate rules and regulations necessary for
34 the administration and enforcement of its powers and duties,
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1 wherever granted and imposed, pursuant to the Illinois
2 Administrative Procedure Act.
3 27. To (a) promulgate rules pertaining to the
4 certification, revocation of certification and training of
5 law enforcement officers as electronic criminal surveillance
6 officers, (b) provide training and technical assistance to
7 State's Attorneys and local law enforcement agencies
8 pertaining to the interception of private oral
9 communications, (c) promulgate rules necessary for the
10 administration of Article 108B of the Code of Criminal
11 Procedure of 1963, including but not limited to standards for
12 recording and minimization of electronic criminal
13 surveillance intercepts, documentation required to be
14 maintained during an intercept, procedures in relation to
15 evidence developed by an intercept, and (d) charge a
16 reasonable fee to each law enforcement agency that sends
17 officers to receive training as electronic criminal
18 surveillance officers.
19 28. Upon the request of any private organization which
20 devotes a major portion of its time to the provision of
21 recreational, social, educational or child safety services to
22 children, to conduct, pursuant to positive identification,
23 criminal background investigations of all of that
24 organization's current employees, current volunteers,
25 prospective employees or prospective volunteers charged with
26 the care and custody of children during the provision of the
27 organization's services, and to report to the requesting
28 organization any record of convictions maintained in the
29 Department's files about such persons. The Department shall
30 charge an application fee, based on actual costs, for the
31 dissemination of conviction information pursuant to this
32 subsection. The Department is empowered to establish this
33 fee and shall prescribe the form and manner for requesting
34 and furnishing conviction information pursuant to this
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1 subsection. Information received by the organization from the
2 Department concerning an individual shall be provided to such
3 individual. Any such information obtained by the
4 organization shall be confidential and may not be transmitted
5 outside the organization and may not be transmitted to anyone
6 within the organization except as needed for the purpose of
7 evaluating the individual. Only information and standards
8 which bear a reasonable and rational relation to the
9 performance of child care shall be used by the organization.
10 Any employee of the Department or any member, employee or
11 volunteer of the organization receiving confidential
12 information under this subsection who gives or causes to be
13 given any confidential information concerning any criminal
14 convictions of an individual shall be guilty of a Class A
15 misdemeanor unless release of such information is authorized
16 by this subsection.
17 29. Upon the request of the Department of Children and
18 Family Services, to investigate reports of child abuse or
19 neglect.
20 30. To obtain registration of a fictitious vital record
21 pursuant to Section 15.1 of the Vital Records Act.
22 31. To collect and disseminate information relating to
23 "hate crimes" as defined under Section 12-7.1 of the Criminal
24 Code of 1961 contingent upon the availability of State or
25 Federal funds to revise and upgrade the Illinois Uniform
26 Crime Reporting System. All law enforcement agencies shall
27 report monthly to the Department of State Police concerning
28 such offenses in such form and in such manner as may be
29 prescribed by rules and regulations adopted by the Department
30 of State Police. Such information shall be compiled by the
31 Department and be disseminated upon request to any local law
32 enforcement agency, unit of local government, or state
33 agency. Dissemination of such information shall be subject
34 to all confidentiality requirements otherwise imposed by law.
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1 The Department of State Police shall provide training for
2 State Police officers in identifying, responding to, and
3 reporting all hate crimes. The Illinois Local Governmental
4 Law Enforcement Officer's Training Standards Board shall
5 develop and certify a course of such training to be made
6 available to local law enforcement officers.
7 32. Upon the request of a private carrier company that
8 provides transportation under Section 28b of the Metropolitan
9 Transit Authority Act, to ascertain if an applicant for a
10 driver position has been convicted of any criminal or drug
11 offense enumerated in Section 28b of the Metropolitan Transit
12 Authority Act. The Department shall furnish the conviction
13 information to the private carrier company that requested the
14 information.
15 33. To apply for grants or contracts, receive, expend,
16 allocate, or disburse funds and moneys made available by
17 public or private entities, including, but not limited to,
18 contracts, bequests, grants, or receiving equipment from
19 corporations, foundations, or public or private institutions
20 of higher learning. All funds received by the Department
21 from these sources shall be deposited into the appropriate
22 fund in the State Treasury to be appropriated to the
23 Department for purposes as indicated by the grantor or
24 contractor or, in the case of funds or moneys bequeathed or
25 granted for no specific purpose, for any purpose as deemed
26 appropriate by the Director in administering the
27 responsibilities of the Department.
28 34. Upon the request of the Department of Children and
29 Family Services, the Department of State Police shall provide
30 properly designated employees of the Department of Children
31 and Family Services with criminal history record information
32 as defined in the Illinois Uniform Conviction Information Act
33 and information maintained in the adjudicatory and
34 dispositional record system as defined in subdivision (A)19
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1 of this Section if the Department of Children and Family
2 Services determines the information is necessary to perform
3 its duties under the Abused and Neglected Child Reporting
4 Act, the Child Care Act of 1969, and the Children and Family
5 Services Act. The request shall be in the form and manner
6 specified by the Department of State Police.
7 35. The Illinois Department of Public Aid is an
8 authorized entity under this Section for the purpose of
9 obtaining access to various data repositories available
10 through LEADS, to facilitate the location of individuals for
11 establishing paternity, and establishing, modifying, and
12 enforcing child support obligations, pursuant to the Illinois
13 Public Aid Code and Title IV, Part D of the Social Security
14 Act. The Department shall enter into an agreement with the
15 Illinois Department of Public Aid consistent with these
16 purposes.
17 36. Upon request of the Department of Human Services, to
18 conduct an assessment and evaluation of sexually violent
19 persons as mandated by the Sexually Violent Persons
20 Commitment Act, the Department shall furnish criminal history
21 information maintained on the requested person. The request
22 shall be in the form and manner specified by the Department.
23 (B) The Department of State Police may establish and
24 maintain, within the Department of State Police, a Statewide
25 Organized Criminal Gang Database (SWORD) for the purpose of
26 tracking organized criminal gangs and their memberships.
27 Information in the database may include, but not be limited
28 to, the name, last known address, birth date, physical
29 descriptions (such as scars, marks, or tattoos), officer
30 safety information, organized gang affiliation, and entering
31 agency identifier. The Department may develop, in
32 consultation with the Criminal Justice Information Authority,
33 and in a form and manner prescribed by the Department, an
34 automated data exchange system to compile, to maintain, and
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1 to make this information electronically available to
2 prosecutors and to other law enforcement agencies. The
3 information may be used by authorized agencies to combat the
4 operations of organized criminal gangs statewide.
5 (C) The Department of State Police may ascertain the
6 number of bilingual police officers and other personnel
7 needed to provide services in a language other than English
8 and may establish, under applicable personnel rules and
9 Department guidelines or through a collective bargaining
10 agreement, a bilingual pay supplement program.
11 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
12 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-655, eff.
13 7-30-98; 90-793, eff. 8-14-98; revised 10-6-98.)
14 (Text of Section after amendment by P.A. 90-590)
15 Sec. 55a. Powers and duties.
16 (A) The Department of State Police shall have the
17 following powers and duties, and those set forth in Sections
18 55a-1 through 55c:
19 1. To exercise the rights, powers and duties which have
20 been vested in the Department of Public Safety by the State
21 Police Act.
22 2. To exercise the rights, powers and duties which have
23 been vested in the Department of Public Safety by the State
24 Police Radio Act.
25 3. To exercise the rights, powers and duties which have
26 been vested in the Department of Public Safety by the
27 Criminal Identification Act.
28 4. To (a) investigate the origins, activities, personnel
29 and incidents of crime and the ways and means to redress the
30 victims of crimes, and study the impact, if any, of
31 legislation relative to the effusion of crime and growing
32 crime rates, and enforce the criminal laws of this State
33 related thereto, (b) enforce all laws regulating the
34 production, sale, prescribing, manufacturing, administering,
-16- LRB9103299MWgcA
1 transporting, having in possession, dispensing, delivering,
2 distributing, or use of controlled substances and cannabis,
3 (c) employ skilled experts, scientists, technicians,
4 investigators or otherwise specially qualified persons to aid
5 in preventing or detecting crime, apprehending criminals, or
6 preparing and presenting evidence of violations of the
7 criminal laws of the State, (d) cooperate with the police of
8 cities, villages and incorporated towns, and with the police
9 officers of any county, in enforcing the laws of the State
10 and in making arrests and recovering property, (e) apprehend
11 and deliver up any person charged in this State or any other
12 State of the United States with treason, felony, or other
13 crime, who has fled from justice and is found in this State,
14 and (f) conduct such other investigations as may be provided
15 by law. Persons exercising these powers within the Department
16 are conservators of the peace and as such have all the powers
17 possessed by policemen in cities and sheriffs, except that
18 they may exercise such powers anywhere in the State in
19 cooperation with and after contact with the local law
20 enforcement officials. Such persons may use false or
21 fictitious names in the performance of their duties under
22 this paragraph, upon approval of the Director, and shall not
23 be subject to prosecution under the criminal laws for such
24 use.
25 5. To: (a) be a central repository and custodian of
26 criminal statistics for the State, (b) be a central
27 repository for criminal history record information, (c)
28 procure and file for record such information as is necessary
29 and helpful to plan programs of crime prevention, law
30 enforcement and criminal justice, (d) procure and file for
31 record such copies of fingerprints, as may be required by
32 law, (e) establish general and field crime laboratories, (f)
33 register and file for record such information as may be
34 required by law for the issuance of firearm owner's
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1 identification cards, (g) employ polygraph operators,
2 laboratory technicians and other specially qualified persons
3 to aid in the identification of criminal activity, and (h)
4 undertake such other identification, information, laboratory,
5 statistical or registration activities as may be required by
6 law.
7 6. To (a) acquire and operate one or more radio
8 broadcasting stations in the State to be used for police
9 purposes, (b) operate a statewide communications network to
10 gather and disseminate information for law enforcement
11 agencies, (c) operate an electronic data processing and
12 computer center for the storage and retrieval of data
13 pertaining to criminal activity, and (d) undertake such other
14 communication activities as may be required by law.
15 7. To provide, as may be required by law, assistance to
16 local law enforcement agencies through (a) training,
17 management and consultant services for local law enforcement
18 agencies, and (b) the pursuit of research and the publication
19 of studies pertaining to local law enforcement activities.
20 8. To exercise the rights, powers and duties which have
21 been vested in the Department of State Police and the
22 Director of the Department of State Police by the Narcotic
23 Control Division Abolition Act.
24 9. To exercise the rights, powers and duties which have
25 been vested in the Department of Public Safety by the
26 Illinois Vehicle Code.
27 10. To exercise the rights, powers and duties which have
28 been vested in the Department of Public Safety by the Firearm
29 Owners Identification Card Act.
30 11. To enforce and administer such other laws in
31 relation to law enforcement as may be vested in the
32 Department.
33 12. To transfer jurisdiction of any realty title to
34 which is held by the State of Illinois under the control of
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1 the Department to any other department of the State
2 government or to the State Employees Housing Commission, or
3 to acquire or accept Federal land, when such transfer,
4 acquisition or acceptance is advantageous to the State and is
5 approved in writing by the Governor.
6 13. With the written approval of the Governor, to enter
7 into agreements with other departments created by this Act,
8 for the furlough of inmates of the penitentiary to such other
9 departments for their use in research programs being
10 conducted by them.
11 For the purpose of participating in such research
12 projects, the Department may extend the limits of any
13 inmate's place of confinement, when there is reasonable cause
14 to believe that the inmate will honor his or her trust by
15 authorizing the inmate, under prescribed conditions, to leave
16 the confines of the place unaccompanied by a custodial agent
17 of the Department. The Department shall make rules governing
18 the transfer of the inmate to the requesting other department
19 having the approved research project, and the return of such
20 inmate to the unextended confines of the penitentiary. Such
21 transfer shall be made only with the consent of the inmate.
22 The willful failure of a prisoner to remain within the
23 extended limits of his or her confinement or to return within
24 the time or manner prescribed to the place of confinement
25 designated by the Department in granting such extension shall
26 be deemed an escape from custody of the Department and
27 punishable as provided in Section 3-6-4 of the Unified Code
28 of Corrections.
29 14. To provide investigative services, with all of the
30 powers possessed by policemen in cities and sheriffs, in and
31 around all race tracks subject to the Horse Racing Act of
32 1975.
33 15. To expend such sums as the Director deems necessary
34 from Contractual Services appropriations for the Division of
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1 Criminal Investigation for the purchase of evidence and for
2 the employment of persons to obtain evidence. Such sums shall
3 be advanced to agents authorized by the Director to expend
4 funds, on vouchers signed by the Director.
5 16. To assist victims and witnesses in gang crime
6 prosecutions through the administration of funds appropriated
7 from the Gang Violence Victims and Witnesses Fund to the
8 Department. Such funds shall be appropriated to the
9 Department and shall only be used to assist victims and
10 witnesses in gang crime prosecutions and such assistance may
11 include any of the following:
12 (a) temporary living costs;
13 (b) moving expenses;
14 (c) closing costs on the sale of private residence;
15 (d) first month's rent;
16 (e) security deposits;
17 (f) apartment location assistance;
18 (g) other expenses which the Department considers
19 appropriate; and
20 (h) compensation for any loss of or injury to real
21 or personal property resulting from a gang crime to a
22 maximum of $5,000, subject to the following provisions:
23 (1) in the case of loss of property, the
24 amount of compensation shall be measured by the
25 replacement cost of similar or like property which
26 has been incurred by and which is substantiated by
27 the property owner,
28 (2) in the case of injury to property, the
29 amount of compensation shall be measured by the cost
30 of repair incurred and which can be substantiated by
31 the property owner,
32 (3) compensation under this provision is a
33 secondary source of compensation and shall be
34 reduced by any amount the property owner receives
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1 from any other source as compensation for the loss
2 or injury, including, but not limited to, personal
3 insurance coverage,
4 (4) no compensation may be awarded if the
5 property owner was an offender or an accomplice of
6 the offender, or if the award would unjustly benefit
7 the offender or offenders, or an accomplice of the
8 offender or offenders.
9 No victim or witness may receive such assistance if he or
10 she is not a part of or fails to fully cooperate in the
11 prosecution of gang crime members by law enforcement
12 authorities.
13 The Department shall promulgate any rules necessary for
14 the implementation of this amendatory Act of 1985.
15 17. To conduct arson investigations. Beginning on the
16 effective date of this amendatory Act of the 91st General
17 Assembly, the Department shall exercise the authority to
18 investigate arsons, fires, and explosions that had been
19 vested in the Office of the State Fire Marshal.
20 18. To develop a separate statewide statistical police
21 contact record keeping system for the study of juvenile
22 delinquency. The records of this police contact system shall
23 be limited to statistical information. No individually
24 identifiable information shall be maintained in the police
25 contact statistical record system.
26 19. To develop a separate statewide central juvenile
27 records system for persons arrested prior to the age of 17
28 under Section 5-401 of the Juvenile Court Act of 1987 or
29 adjudicated delinquent minors and to make information
30 available to local law enforcement officers so that law
31 enforcement officers will be able to obtain rapid access to
32 the background of the minor from other jurisdictions to the
33 end that the juvenile police officers can make appropriate
34 decisions which will best serve the interest of the child and
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1 the community. The Department shall submit a quarterly
2 report to the General Assembly and Governor which shall
3 contain the number of juvenile records that the Department
4 has received in that quarter and, a list, by category, of
5 offenses that minors were arrested for or convicted of by
6 age, race and gender.
7 20. To develop rules which guarantee the confidentiality
8 of such individually identifiable juvenile records except to
9 juvenile authorities who request information concerning the
10 minor and who certify in writing that the information will
11 not be disclosed to any other party except as provided under
12 law or order of court. For purposes of this Section,
13 "juvenile authorities" means: (i) a judge of the circuit
14 court and members of the staff of the court designated by the
15 judge; (ii) parties to the proceedings under the Juvenile
16 Court Act of 1987 and their attorneys; (iii) probation
17 officers and court appointed advocates for the juvenile
18 authorized by the judge hearing the case; (iv) any individual
19 or, public or of private agency having custody of the child
20 pursuant to court order; (v) any individual or, public or
21 private agency providing education, medical or mental health
22 service to the child when the requested information is needed
23 to determine the appropriate service or treatment for the
24 minor; (vi) any potential placement provider when such
25 release is authorized by the court for the limited purpose of
26 determining the appropriateness of the potential placement;
27 (vii) law enforcement officers and prosecutors; (viii) adult
28 and juvenile prisoner review boards; (ix) authorized military
29 personnel; (x) individuals authorized by court; (xi) the
30 Illinois General Assembly or any committee or commission
31 thereof.
32 21. To develop administrative rules and administrative
33 hearing procedures which allow a minor, his or her attorney,
34 and his or her parents or guardian access to individually
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1 identifiable juvenile records for the purpose of determining
2 or challenging the accuracy of the records. Final
3 administrative decisions shall be subject to the provisions
4 of the Administrative Review Law.
5 22. To charge, collect, and receive fees or moneys
6 equivalent to the cost of providing Department of State
7 Police personnel, equipment, and services to local
8 governmental agencies when explicitly requested by a local
9 governmental agency and pursuant to an intergovernmental
10 agreement as provided by this Section, other State agencies,
11 and federal agencies, including but not limited to fees or
12 moneys equivalent to the cost of providing dispatching
13 services, radio and radar repair, and training to local
14 governmental agencies on such terms and conditions as in the
15 judgment of the Director are in the best interest of the
16 State; and to establish, charge, collect and receive fees or
17 moneys based on the cost of providing responses to requests
18 for criminal history record information pursuant to positive
19 identification and any Illinois or federal law authorizing
20 access to some aspect of such information and to prescribe
21 the form and manner for requesting and furnishing such
22 information to the requestor on such terms and conditions as
23 in the judgment of the Director are in the best interest of
24 the State, provided fees for requesting and furnishing
25 criminal history record information may be waived for
26 requests in the due administration of the criminal laws. The
27 Department may also charge, collect and receive fees or
28 moneys equivalent to the cost of providing electronic data
29 processing lines or related telecommunication services to
30 local governments, but only when such services can be
31 provided by the Department at a cost less than that
32 experienced by said local governments through other means.
33 All services provided by the Department shall be conducted
34 pursuant to contracts in accordance with the
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1 Intergovernmental Cooperation Act, and all telecommunication
2 services shall be provided pursuant to the provisions of
3 Section 67.18 of this Code.
4 All fees received by the Department of State Police under
5 this Act or the Illinois Uniform Conviction Information Act
6 shall be deposited in a special fund in the State Treasury to
7 be known as the State Police Services Fund. The money
8 deposited in the State Police Services Fund shall be
9 appropriated to the Department of State Police for expenses
10 of the Department of State Police.
11 Upon the completion of any audit of the Department of
12 State Police as prescribed by the Illinois State Auditing
13 Act, which audit includes an audit of the State Police
14 Services Fund, the Department of State Police shall make the
15 audit open to inspection by any interested person.
16 23. To exercise the powers and perform the duties which
17 have been vested in the Department of State Police by the
18 Intergovernmental Missing Child Recovery Act of 1984, and to
19 establish reasonable rules and regulations necessitated
20 thereby.
21 24. (a) To establish and maintain a statewide Law
22 Enforcement Agencies Data System (LEADS) for the purpose of
23 providing electronic access by authorized entities to
24 criminal justice data repositories and effecting an immediate
25 law enforcement response to reports of missing persons,
26 including lost, missing or runaway minors. The Department
27 shall implement an automatic data exchange system to compile,
28 to maintain and to make available to other law enforcement
29 agencies for immediate dissemination data which can assist
30 appropriate agencies in recovering missing persons and
31 provide access by authorized entities to various data
32 repositories available through LEADS for criminal justice and
33 related purposes. To assist the Department in this effort,
34 funds may be appropriated from the LEADS Maintenance Fund.
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1 (b) In exercising its duties under this subsection, the
2 Department shall:
3 (1) provide a uniform reporting format for the
4 entry of pertinent information regarding the report of a
5 missing person into LEADS;
6 (2) develop and implement a policy whereby a
7 statewide or regional alert would be used in situations
8 relating to the disappearances of individuals, based on
9 criteria and in a format established by the Department.
10 Such a format shall include, but not be limited to, the
11 age of the missing person and the suspected circumstance
12 of the disappearance;
13 (3) notify all law enforcement agencies that
14 reports of missing persons shall be entered as soon as
15 the minimum level of data specified by the Department is
16 available to the reporting agency, and that no waiting
17 period for the entry of such data exists;
18 (4) compile and retain information regarding lost,
19 abducted, missing or runaway minors in a separate data
20 file, in a manner that allows such information to be used
21 by law enforcement and other agencies deemed appropriate
22 by the Director, for investigative purposes. Such
23 information shall include the disposition of all reported
24 lost, abducted, missing or runaway minor cases;
25 (5) compile and maintain an historic data
26 repository relating to lost, abducted, missing or runaway
27 minors and other missing persons in order to develop and
28 improve techniques utilized by law enforcement agencies
29 when responding to reports of missing persons; and
30 (6) create a quality control program regarding
31 confirmation of missing person data, timeliness of
32 entries of missing person reports into LEADS and
33 performance audits of all entering agencies.
34 25. On request of a school board or regional
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1 superintendent of schools, to conduct an inquiry pursuant to
2 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
3 an applicant for employment in a school district has been
4 convicted of any criminal or drug offenses enumerated in
5 Section 10-21.9 or 34-18.5 of the School Code. The
6 Department shall furnish such conviction information to the
7 President of the school board of the school district which
8 has requested the information, or if the information was
9 requested by the regional superintendent to that regional
10 superintendent.
11 26. To promulgate rules and regulations necessary for
12 the administration and enforcement of its powers and duties,
13 wherever granted and imposed, pursuant to the Illinois
14 Administrative Procedure Act.
15 27. To (a) promulgate rules pertaining to the
16 certification, revocation of certification and training of
17 law enforcement officers as electronic criminal surveillance
18 officers, (b) provide training and technical assistance to
19 State's Attorneys and local law enforcement agencies
20 pertaining to the interception of private oral
21 communications, (c) promulgate rules necessary for the
22 administration of Article 108B of the Code of Criminal
23 Procedure of 1963, including but not limited to standards for
24 recording and minimization of electronic criminal
25 surveillance intercepts, documentation required to be
26 maintained during an intercept, procedures in relation to
27 evidence developed by an intercept, and (d) charge a
28 reasonable fee to each law enforcement agency that sends
29 officers to receive training as electronic criminal
30 surveillance officers.
31 28. Upon the request of any private organization which
32 devotes a major portion of its time to the provision of
33 recreational, social, educational or child safety services to
34 children, to conduct, pursuant to positive identification,
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1 criminal background investigations of all of that
2 organization's current employees, current volunteers,
3 prospective employees or prospective volunteers charged with
4 the care and custody of children during the provision of the
5 organization's services, and to report to the requesting
6 organization any record of convictions maintained in the
7 Department's files about such persons. The Department shall
8 charge an application fee, based on actual costs, for the
9 dissemination of conviction information pursuant to this
10 subsection. The Department is empowered to establish this
11 fee and shall prescribe the form and manner for requesting
12 and furnishing conviction information pursuant to this
13 subsection. Information received by the organization from the
14 Department concerning an individual shall be provided to such
15 individual. Any such information obtained by the
16 organization shall be confidential and may not be transmitted
17 outside the organization and may not be transmitted to anyone
18 within the organization except as needed for the purpose of
19 evaluating the individual. Only information and standards
20 which bear a reasonable and rational relation to the
21 performance of child care shall be used by the organization.
22 Any employee of the Department or any member, employee or
23 volunteer of the organization receiving confidential
24 information under this subsection who gives or causes to be
25 given any confidential information concerning any criminal
26 convictions of an individual shall be guilty of a Class A
27 misdemeanor unless release of such information is authorized
28 by this subsection.
29 29. Upon the request of the Department of Children and
30 Family Services, to investigate reports of child abuse or
31 neglect.
32 30. To obtain registration of a fictitious vital record
33 pursuant to Section 15.1 of the Vital Records Act.
34 31. To collect and disseminate information relating to
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1 "hate crimes" as defined under Section 12-7.1 of the Criminal
2 Code of 1961 contingent upon the availability of State or
3 Federal funds to revise and upgrade the Illinois Uniform
4 Crime Reporting System. All law enforcement agencies shall
5 report monthly to the Department of State Police concerning
6 such offenses in such form and in such manner as may be
7 prescribed by rules and regulations adopted by the Department
8 of State Police. Such information shall be compiled by the
9 Department and be disseminated upon request to any local law
10 enforcement agency, unit of local government, or state
11 agency. Dissemination of such information shall be subject
12 to all confidentiality requirements otherwise imposed by law.
13 The Department of State Police shall provide training for
14 State Police officers in identifying, responding to, and
15 reporting all hate crimes. The Illinois Law Enforcement
16 Training Standards Board shall develop and certify a course
17 of such training to be made available to local law
18 enforcement officers.
19 32. Upon the request of a private carrier company that
20 provides transportation under Section 28b of the Metropolitan
21 Transit Authority Act, to ascertain if an applicant for a
22 driver position has been convicted of any criminal or drug
23 offense enumerated in Section 28b of the Metropolitan Transit
24 Authority Act. The Department shall furnish the conviction
25 information to the private carrier company that requested the
26 information.
27 33. To apply for grants or contracts, receive, expend,
28 allocate, or disburse funds and moneys made available by
29 public or private entities, including, but not limited to,
30 contracts, bequests, grants, or receiving equipment from
31 corporations, foundations, or public or private institutions
32 of higher learning. All funds received by the Department
33 from these sources shall be deposited into the appropriate
34 fund in the State Treasury to be appropriated to the
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1 Department for purposes as indicated by the grantor or
2 contractor or, in the case of funds or moneys bequeathed or
3 granted for no specific purpose, for any purpose as deemed
4 appropriate by the Director in administering the
5 responsibilities of the Department.
6 34. Upon the request of the Department of Children and
7 Family Services, the Department of State Police shall provide
8 properly designated employees of the Department of Children
9 and Family Services with criminal history record information
10 as defined in the Illinois Uniform Conviction Information Act
11 and information maintained in the Statewide Central Juvenile
12 record system as defined in subdivision (A)19 of this Section
13 if the Department of Children and Family Services determines
14 the information is necessary to perform its duties under the
15 Abused and Neglected Child Reporting Act, the Child Care Act
16 of 1969, and the Children and Family Services Act. The
17 request shall be in the form and manner specified by the
18 Department of State Police.
19 35. The Illinois Department of Public Aid is an
20 authorized entity under this Section for the purpose of
21 exchanging information, in the form and manner required by
22 the Department of State Police, obtaining access to various
23 data repositories available through LEADS, to facilitate the
24 location of individuals for establishing paternity, and
25 establishing, modifying, and enforcing child support
26 obligations, pursuant to the Illinois Public Aid Code and
27 Title IV, Part Section D of the Social Security Act. The
28 Department shall enter into an agreement with the Illinois
29 Department of Public Aid consistent with these purposes.
30 36. Upon request of the Department of Human Services, to
31 conduct an assessment and evaluation of sexually violent
32 persons as mandated by the Sexually Violent Persons
33 Commitment Act, the Department shall furnish criminal history
34 information maintained on the requested person. The request
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1 shall be in the form and manner specified by the Department.
2 (B) The Department of State Police may establish and
3 maintain, within the Department of State Police, a Statewide
4 Organized Criminal Gang Database (SWORD) for the purpose of
5 tracking organized criminal gangs and their memberships.
6 Information in the database may include, but not be limited
7 to, the name, last known address, birth date, physical
8 descriptions (such as scars, marks, or tattoos), officer
9 safety information, organized gang affiliation, and entering
10 agency identifier. The Department may develop, in
11 consultation with the Criminal Justice Information Authority,
12 and in a form and manner prescribed by the Department, an
13 automated data exchange system to compile, to maintain, and
14 to make this information electronically available to
15 prosecutors and to other law enforcement agencies. The
16 information may be used by authorized agencies to combat the
17 operations of organized criminal gangs statewide.
18 (C) The Department of State Police may ascertain the
19 number of bilingual police officers and other personnel
20 needed to provide services in a language other than English
21 and may establish, under applicable personnel rules and
22 Department guidelines or through a collective bargaining
23 agreement, a bilingual pay supplement program.
24 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
25 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
26 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
27 1-21-99.)
28 (20 ILCS 2605/55a-9 new)
29 Sec. 55a-9. Department of Law Enforcement of the Office
30 of the State Fire Marshal; transfer of powers, personnel, and
31 property.
32 (a) Beginning on the effective date of this amendatory
33 Act of the 91st General Assembly, all of the rights, powers,
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1 and duties vested by law in the Department of Law Enforcement
2 of the Office of the State Fire Marshal or in any office,
3 division, or bureau of that Office are transferred to the
4 Department of State Police.
5 (b) Beginning on the effective date of this amendatory
6 Act of the 91st General Assembly, personnel employed by the
7 Department of Law Enforcement of the Office of the State Fire
8 Marshal or in any office, division, or bureau of that Office
9 to perform functions that are transferred by this amendatory
10 Act of the 91st General Assembly to the Department of State
11 Police are transferred to the Department of State Police.
12 (c) All books, records, documents, property, unexpended
13 appropriations, and pending business pertaining to the
14 rights, powers, and duties transferred by this amendatory Act
15 of the 91st General Assembly from the Office of the State
16 Fire Marshal to the Department of State Police shall be
17 delivered and transferred to the Department of State Police.
18 Section 10. The State Fire Marshal Act is amended by
19 changing Sections 1 and 2 as follows:
20 (20 ILCS 2905/1) (from Ch. 127 1/2, par. 1)
21 Sec. 1. There is hereby created the Office of the State
22 Fire Marshal, hereinafter referred to as the Office.
23 The Office shall be under an executive director who shall
24 be appointed by the Governor with the advice and consent of
25 the Senate.
26 The executive director of the Office shall be known as
27 the State Fire Marshal and shall receive $70,197 per year, or
28 an amount set by the Compensation Review Board, whichever is
29 greater.
30 The Office of the State Fire Marshal shall have a
31 Division of Fire Prevention which shall assume the duties of
32 the Division of Fire Prevention, Department of Law
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1 Enforcement, and a Division of Personnel Standards and
2 Education which shall assume the duties of Illinois Fire
3 Protection Personnel Standards and Education Commission.
4 Each Division shall be headed by a deputy State Fire Marshal.
5 The deputy State Fire Marshals shall be employed by the Fire
6 Marshal, subject to the Personnel Code, and shall be
7 responsible to the Fire Marshal.
8 (Source: P.A. 89-703, eff. 1-17-97.)
9 (20 ILCS 2905/2) (from Ch. 127 1/2, par. 2)
10 Sec. 2. The Office shall have the following powers and
11 duties:
12 1. To exercise the rights, powers and duties which have
13 been vested by law in the Department of State Police as the
14 successor of the Department of Public Safety, State Fire
15 Marshal, deputy State Fire Marshal, inspectors, officers and
16 employees of the State Fire Marshal, including arson
17 investigation. Beginning on the effective date of this
18 amendatory Act of the 91st General Assembly, the Office of
19 the State Fire Marshal may not conduct arson, fire, or
20 explosion investigations.
21 2. To keep a record, as may be required by law, of all
22 fires occurring in the State, together with all facts,
23 statistics and circumstances, including the origin of fires.
24 3. To exercise the rights, powers and duties which have
25 been vested in the Department of State Police by the "Boiler
26 and Pressure Vessel Safety Act", approved August 7, 1951, as
27 amended.
28 4. To administer the Illinois Fire Protection Training
29 Act.
30 5. To aid in the establishment and maintenance of the
31 training facilities and programs of the Illinois Fire Service
32 Institute.
33 6. To disburse Federal grants for fire protection
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1 purposes to units of local government.
2 7. To pay to or in behalf of the City of Chicago for the
3 maintenance, expenses, facilities and structures directly
4 incident to the Chicago Fire Department training program.
5 Such payments may be made either as reimbursements for
6 expenditures previously made by the City, or as payments at
7 the time the City has incurred an obligation which is then
8 due and payable for such expenditures. Payments for the
9 Chicago Fire Department training program shall be made only
10 for those expenditures which are not claimable by the City
11 under "An Act relating to fire protection training",
12 certified November 9, 1971, as amended.
13 8. To administer General Revenue Fund grants to areas
14 not located in a fire protection district or in a
15 municipality which provides fire protection services, to
16 defray the organizational expenses of forming a fire
17 protection district.
18 9. In cooperation with the Illinois Environmental
19 Protection Agency, to administer the Illinois Leaking
20 Underground Storage Tank program in accordance with Section 4
21 of this Act and Section 22.12 of the Environmental Protection
22 Act.
23 10. To expend state and federal funds as appropriated by
24 the General Assembly.
25 11. To provide technical assistance, to areas not
26 located in a fire protection district or in a municipality
27 which provides fire protection service, to form a fire
28 protection district, to join an existing district, or to
29 establish a municipal fire department, whichever is
30 applicable.
31 12. To exercise such other powers and duties as may be
32 vested in the Office by law.
33 (Source: P.A. 86-761.)
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1 Section 95. No acceleration or delay. Where this Act
2 makes changes in a statute that is represented in this Act by
3 text that is not yet or no longer in effect (for example, a
4 Section represented by multiple versions), the use of that
5 text does not accelerate or delay the taking effect of (i)
6 the changes made by this Act or (ii) provisions derived from
7 any other Public Act.