Illinois General Assembly - Full Text of Public Act 096-0149
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Public Act 096-0149


 

Public Act 0149 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0149
 
SB0027 Enrolled LRB096 03261 JAM 13278 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Department of State Police Law of the Civil
Administrative Code of Illinois is amended by adding Section
2605-485 as follows:
 
    (20 ILCS 2605/2605-485 new)
    Sec. 2605-485. Endangered Missing Person Advisory.
    (a) A coordinated program known as the Endangered Missing
Person Advisory is established within the Department of State
Police. The purpose of the Endangered Missing Person Advisory
is to provide a regional system for the rapid dissemination of
information regarding a missing person who is believed to be a
high-risk missing person as defined in Section 10 of the
Missing Persons Identification Act.
    (b) The AMBER Plan Task Force, established under Section
2605-480 of the Department of State Police Law, shall serve as
the task force for the Endangered Missing Person Advisory. The
AMBER Plan Task Force shall monitor and review the
implementation and operation of the regional system developed
under subsection (a), including procedures, budgetary
requirements, and response protocols. The AMBER Plan Task Force
shall also develop additional network resources for use in the
system.
    (c) The Department of State Police, in coordination with
the Illinois Department on Aging, shall develop and implement a
community outreach program to promote awareness among the
State's healthcare facilities, nursing homes, assisted living
facilities, and other senior centers. The guidelines and
procedures shall ensure that specific health information about
the missing person is not made public through the alert or
otherwise.
    (d) The Child Safety Coordinator, created under Section
2605-480 of the Department of State Police Law, shall act in
the dual capacity of Child Safety Coordinator and Endangered
Missing Person Coordinator. The Coordinator shall assist in the
establishment of State standards and monitor the availability
of federal funding that may become available to further the
objectives of the Endangered Missing Person Advisory. The
Department shall provide technical assistance for the
Coordinator from its existing resources.
 
    Section 10. The Missing Persons Identification Act is
amended by changing Section 10 as follows:
 
    (50 ILCS 722/10)
    Sec. 10. Law enforcement analysis and reporting of missing
person information.
    (a) Prompt determination of high-risk missing person.
        (1) Definition. "High-risk missing person" means a
    person whose whereabouts are not currently known and whose
    circumstances indicate that the person may be at risk of
    injury or death. The circumstances that indicate that a
    person is a high-risk missing person include, but are not
    limited to, any of the following:
            (A) the person is missing as a result of a stranger
        abduction;
            (B) the person is missing under suspicious
        circumstances;
            (C) the person is missing under unknown
        circumstances;
            (D) the person is missing under known dangerous
        circumstances;
            (E) the person is missing more than 30 days;
            (F) the person has already been designated as a
        high-risk missing person by another law enforcement
        agency;
            (G) there is evidence that the person is at risk
        because:
                (i) the person is in need of medical attention,
            including but not limited to persons with
            dementia-like symptoms, or prescription
            medication;
                (ii) the person does not have a pattern of
            running away or disappearing;
                (iii) the person may have been abducted by a
            non-custodial parent;
                (iv) the person is mentally impaired;
                (v) the person is under the age of 21;
                (vi) the person has been the subject of past
            threats or acts of violence;
                (vii) the person has eloped from a nursing
            home; or
            (H) any other factor that may, in the judgment of
        the law enforcement official, indicate that the
        missing person may be at risk.
        (2) Law enforcement risk assessment.
            (A) Upon initial receipt of a missing person
        report, the law enforcement agency shall immediately
        determine whether there is a basis to determine that
        the missing person is a high-risk missing person.
            (B) If a law enforcement agency has previously
        determined that a missing person is not a high-risk
        missing person, but obtains new information, it shall
        immediately determine whether the information
        indicates that the missing person is a high-risk
        missing person.
            (C) Law enforcement agencies are encouraged to
        establish written protocols for the handling of
        missing person cases to accomplish the purposes of this
        Act.
        (3) Law enforcement agency reports.
            (A) The responding local law enforcement agency
        shall immediately enter all collected information
        relating to the missing person case in the Law
        Enforcement Agencies Data System (LEADS) and the
        National Crime Information Center (NCIC) databases.
        The information shall be provided in accordance with
        applicable guidelines relating to the databases. The
        information shall be entered as follows:
                (i) All appropriate DNA profiles, as
            determined by the Department of State Police,
            shall be uploaded into the missing person
            databases of the State DNA Index System (SDIS) and
            National DNA Index System (NDIS) after completion
            of the DNA analysis and other procedures required
            for database entry.
                (ii) Information relevant to the Federal
            Bureau of Investigation's Violent Criminal
            Apprehension Program shall be entered as soon as
            possible.
                (iii) The Department of State Police shall
            ensure that persons entering data relating to
            medical or dental records in State or federal
            databases are specifically trained to understand
            and correctly enter the information sought by
            these databases. The Department of State Police
            shall either use a person with specific expertise
            in medical or dental records for this purpose or
            consult with a chief medical examiner, forensic
            anthropologist, or odontologist to ensure the
            accuracy and completeness of information entered
            into the State and federal databases.
            (B) The Department of State Police shall
        immediately notify all law enforcement agencies within
        this State and the surrounding region of the
        information that will aid in the prompt location and
        safe return of the high-risk missing person.
            (C) The local law enforcement agencies that
        receive the notification from the Department of State
        Police shall notify officers to be on the lookout for
        the missing person or a suspected abductor.
            (D) Pursuant to any applicable State criteria,
        local law enforcement agencies shall also provide for
        the prompt use of an Amber Alert in cases involving
        abducted children; or use of the Endangered Missing
        Person Advisory public dissemination of photographs in
        appropriate high risk cases.
(Source: P.A. 95-192, eff. 8-16-07.)

Effective Date: 1/1/2010