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90_SB1357
20 ILCS 2605/55a from Ch. 127, par. 55a
20 ILCS 2605/55a-1 from Ch. 127, par. 55a-1
20 ILCS 2605/55a-2 from Ch. 127, par. 55a-2
20 ILCS 2605/55a-3 from Ch. 127, par. 55a-3
20 ILCS 2605/55a-4 from Ch. 127, par. 55a-4
20 ILCS 2605/55a-5 from Ch. 127, par. 55a-5
20 ILCS 2605/55a-7 from Ch. 127, par. 55a-7
20 ILCS 2605/55a-8 from Ch. 127, par. 55a-8
20 ILCS 2705/49.22 from Ch. 127, par. 49.22
30 ILCS 105/8.3 from Ch. 127, par. 144.3
40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
40 ILCS 5/16-163 from Ch. 108 1/2, par. 16-163
105 ILCS 5/27-24.5 from Ch. 122, par. 27-24.5
110 ILCS 947/73 new
740 ILCS 175/2 from Ch. 127, par. 4102
Amends the Civil Administrative Code of Illinois, the
State Finance Act, the Illinois Pension Code, the School
Code, the Higher Education Student Assistance Act, and the
Whistleblower Reward and Protection Act. Incorporates into
the statutes a 1993 executive order merging the Division of
State Troopers and the Division of Criminal Investigation
within the Department of State Police into the Division of
Operations. Places enforcement of the Firearm Owners
Identification Card Act within the Division of
Administration, rather than the Division of Forensic
Services. Requires the Department to coordinate the State's
participation in a national dental record repository, rather
than operating its own. Amends the Downstate Teacher Article
of the Illinois Pension Code to give the Governor the power
to appoint the president of the Board from among its members
(currently the State Superintendent of Education serves as
president, ex officio). Makes changes in relation to the
State's reimbursement of a school district's driver education
claims. Authorizes the Illinois Student Assistance
Commission to charge a fee for its scholarship and grant
search service. Effective immediately.
LRB9011179JMmb
LRB9011179JMmb
1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Civil Administrative Code of Illinois is
5 amended by changing Sections 55a, 55a-1, 55a-2, 55a-3, 55a-4,
6 55a-5, 55a-7, 55a-8, and 49.22 as follows:
7 (20 ILCS 2605/55a) (from Ch. 127, par. 55a)
8 (Text of Section before amendment by P.A. 90-372)
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,
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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)
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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,
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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 Operations Criminal Investigation for the purchase of
33 evidence and for the employment of persons to obtain
34 evidence. Such sums shall be advanced to agents authorized by
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1 the Director to expend funds, on vouchers signed by the
2 Director.
3 16. To assist victims and witnesses in gang crime
4 prosecutions through the administration of funds appropriated
5 from the Gang Violence Victims and Witnesses Fund to the
6 Department. Such funds shall be appropriated to the
7 Department and shall only be used to assist victims and
8 witnesses in gang crime prosecutions and such assistance may
9 include any of the following:
10 (a) temporary living costs;
11 (b) moving expenses;
12 (c) closing costs on the sale of private residence;
13 (d) first month's rent;
14 (e) security deposits;
15 (f) apartment location assistance;
16 (g) other expenses which the Department considers
17 appropriate; and
18 (h) compensation for any loss of or injury to real
19 or personal property resulting from a gang crime to a
20 maximum of $5,000, subject to the following provisions:
21 (1) in the case of loss of property, the
22 amount of compensation shall be measured by the
23 replacement cost of similar or like property which
24 has been incurred by and which is substantiated by
25 the property owner,
26 (2) in the case of injury to property, the
27 amount of compensation shall be measured by the cost
28 of repair incurred and which can be substantiated by
29 the property owner,
30 (3) compensation under this provision is a
31 secondary source of compensation and shall be
32 reduced by any amount the property owner receives
33 from any other source as compensation for the loss
34 or injury, including, but not limited to, personal
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1 insurance coverage,
2 (4) no compensation may be awarded if the
3 property owner was an offender or an accomplice of
4 the offender, or if the award would unjustly benefit
5 the offender or offenders, or an accomplice of the
6 offender or offenders.
7 No victim or witness may receive such assistance if he or
8 she is not a part of or fails to fully cooperate in the
9 prosecution of gang crime members by law enforcement
10 authorities.
11 The Department shall promulgate any rules necessary for
12 the implementation of this amendatory Act of 1985.
13 17. To conduct arson investigations.
14 18. To develop a separate statewide statistical police
15 contact record keeping system for the study of juvenile
16 delinquency. The records of this police contact system shall
17 be limited to statistical information. No individually
18 identifiable information shall be maintained in the police
19 contact statistical record system.
20 19. To develop a separate statewide central adjudicatory
21 and dispositional records system for persons under 19 years
22 of age who have been adjudicated delinquent minors and to
23 make information available to local registered participating
24 police youth officers so that police youth officers will be
25 able to obtain rapid access to the juvenile's background from
26 other jurisdictions to the end that the police youth officers
27 can make appropriate dispositions which will best serve the
28 interest of the child and the community. Information
29 maintained in the adjudicatory and dispositional record
30 system shall be limited to the incidents or offenses for
31 which the minor was adjudicated delinquent by a court, and a
32 copy of the court's dispositional order. All individually
33 identifiable records in the adjudicatory and dispositional
34 records system shall be destroyed when the person reaches 19
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1 years of age.
2 20. To develop rules which guarantee the confidentiality
3 of such individually identifiable adjudicatory and
4 dispositional records except when used for the following:
5 (a) by authorized juvenile court personnel or the
6 State's Attorney in connection with proceedings under the
7 Juvenile Court Act of 1987; or
8 (b) inquiries from registered police youth
9 officers.
10 For the purposes of this Act "police youth officer" means
11 a member of a duly organized State, county or municipal
12 police force who is assigned by his or her Superintendent,
13 Sheriff or chief of police, as the case may be, to specialize
14 in youth problems.
15 21. To develop administrative rules and administrative
16 hearing procedures which allow a minor, his or her attorney,
17 and his or her parents or guardian access to individually
18 identifiable adjudicatory and dispositional records for the
19 purpose of determining or challenging the accuracy of the
20 records. Final administrative decisions shall be subject to
21 the provisions of the Administrative Review Law.
22 22. To charge, collect, and receive fees or moneys
23 equivalent to the cost of providing Department of State
24 Police personnel, equipment, and services to local
25 governmental agencies when explicitly requested by a local
26 governmental agency and pursuant to an intergovernmental
27 agreement as provided by this Section, other State agencies,
28 and federal agencies, including but not limited to fees or
29 moneys equivalent to the cost of providing dispatching
30 services, radio and radar repair, and training to local
31 governmental agencies on such terms and conditions as in the
32 judgment of the Director are in the best interest of the
33 State; and to establish, charge, collect and receive fees or
34 moneys based on the cost of providing responses to requests
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1 for criminal history record information pursuant to positive
2 identification and any Illinois or federal law authorizing
3 access to some aspect of such information and to prescribe
4 the form and manner for requesting and furnishing such
5 information to the requestor on such terms and conditions as
6 in the judgment of the Director are in the best interest of
7 the State, provided fees for requesting and furnishing
8 criminal history record information may be waived for
9 requests in the due administration of the criminal laws. The
10 Department may also charge, collect and receive fees or
11 moneys equivalent to the cost of providing electronic data
12 processing lines or related telecommunication services to
13 local governments, but only when such services can be
14 provided by the Department at a cost less than that
15 experienced by said local governments through other means.
16 All services provided by the Department shall be conducted
17 pursuant to contracts in accordance with the
18 Intergovernmental Cooperation Act, and all telecommunication
19 services shall be provided pursuant to the provisions of
20 Section 67.18 of this Code.
21 All fees received by the Department of State Police under
22 this Act or the Illinois Uniform Conviction Information Act
23 shall be deposited in a special fund in the State Treasury to
24 be known as the State Police Services Fund. The money
25 deposited in the State Police Services Fund shall be
26 appropriated to the Department of State Police for expenses
27 of the Department of State Police.
28 In addition to any other permitted use of moneys in the
29 Fund, and notwithstanding any restriction on the use of the
30 Fund, moneys in the State Police Services Fund may be
31 transferred to the General Revenue Fund as authorized by this
32 amendatory Act of 1992. The General Assembly finds that an
33 excess of moneys exists in the Fund. On February 1, 1992,
34 the Comptroller shall order transferred and the Treasurer
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1 shall transfer $500,000 (or such lesser amount as may be on
2 deposit in the Fund and unexpended and unobligated on that
3 date) from the Fund to the General Revenue Fund.
4 Upon the completion of any audit of the Department of
5 State Police as prescribed by the Illinois State Auditing
6 Act, which audit includes an audit of the State Police
7 Services Fund, the Department of State Police shall make the
8 audit open to inspection by any interested person.
9 23. To exercise the powers and perform the duties which
10 have been vested in the Department of State Police by the
11 Intergovernmental Missing Child Recovery Act of 1984, and to
12 establish reasonable rules and regulations necessitated
13 thereby.
14 24. (a) To establish and maintain a statewide Law
15 Enforcement Agencies Data System (LEADS) for the purpose of
16 providing electronic access by authorized entities to
17 criminal justice data repositories and effecting an immediate
18 law enforcement response to reports of missing persons,
19 including lost, missing or runaway minors. The Department
20 shall implement an automatic data exchange system to compile,
21 to maintain and to make available to other law enforcement
22 agencies for immediate dissemination data which can assist
23 appropriate agencies in recovering missing persons and
24 provide access by authorized entities to various data
25 repositories available through LEADS for criminal justice and
26 related purposes. To help assist the Department in this
27 effort, funds may be appropriated from the LEADS Maintenance
28 Fund.
29 (b) In exercising its duties under this subsection, the
30 Department shall:
31 (1) provide a uniform reporting format for the
32 entry of pertinent information regarding the report of a
33 missing person into LEADS;
34 (2) develop and implement a policy whereby a
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1 statewide or regional alert would be used in situations
2 relating to the disappearances of individuals, based on
3 criteria and in a format established by the Department.
4 Such a format shall include, but not be limited to, the
5 age of the missing person and the suspected circumstance
6 of the disappearance;
7 (3) notify all law enforcement agencies that
8 reports of missing persons shall be entered as soon as
9 the minimum level of data specified by the Department is
10 available to the reporting agency, and that no waiting
11 period for the entry of such data exists;
12 (4) compile and retain information regarding lost,
13 abducted, missing or runaway minors in a separate data
14 file, in a manner that allows such information to be used
15 by law enforcement and other agencies deemed appropriate
16 by the Director, for investigative purposes. Such
17 information shall include the disposition of all reported
18 lost, abducted, missing or runaway minor cases;
19 (5) compile and maintain an historic data
20 repository relating to lost, abducted, missing or runaway
21 minors and other missing persons in order to develop and
22 improve techniques utilized by law enforcement agencies
23 when responding to reports of missing persons; and
24 (6) create a quality control program regarding
25 confirmation of missing person data, timeliness of
26 entries of missing person reports into LEADS and
27 performance audits of all entering agencies.
28 25. On request of a school board or regional
29 superintendent of schools, to conduct an inquiry pursuant to
30 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
31 an applicant for employment in a school district has been
32 convicted of any criminal or drug offenses enumerated in
33 Section 10-21.9 or 34-18.5 of the School Code. The
34 Department shall furnish such conviction information to the
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1 President of the school board of the school district which
2 has requested the information, or if the information was
3 requested by the regional superintendent to that regional
4 superintendent.
5 26. To promulgate rules and regulations necessary for
6 the administration and enforcement of its powers and duties,
7 wherever granted and imposed, pursuant to the Illinois
8 Administrative Procedure Act.
9 27. To (a) promulgate rules pertaining to the
10 certification, revocation of certification and training of
11 law enforcement officers as electronic criminal surveillance
12 officers, (b) provide training and technical assistance to
13 State's Attorneys and local law enforcement agencies
14 pertaining to the interception of private oral
15 communications, (c) promulgate rules necessary for the
16 administration of Article 108B of the Code of Criminal
17 Procedure of 1963, including but not limited to standards for
18 recording and minimization of electronic criminal
19 surveillance intercepts, documentation required to be
20 maintained during an intercept, procedures in relation to
21 evidence developed by an intercept, and (d) charge a
22 reasonable fee to each law enforcement agency that sends
23 officers to receive training as electronic criminal
24 surveillance officers.
25 28. Upon the request of any private organization which
26 devotes a major portion of its time to the provision of
27 recreational, social, educational or child safety services to
28 children, to conduct, pursuant to positive identification,
29 criminal background investigations of all of that
30 organization's current employees, current volunteers,
31 prospective employees or prospective volunteers charged with
32 the care and custody of children during the provision of the
33 organization's services, and to report to the requesting
34 organization any record of convictions maintained in the
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1 Department's files about such persons. The Department shall
2 charge an application fee, based on actual costs, for the
3 dissemination of conviction information pursuant to this
4 subsection. The Department is empowered to establish this
5 fee and shall prescribe the form and manner for requesting
6 and furnishing conviction information pursuant to this
7 subsection. Information received by the organization from the
8 Department concerning an individual shall be provided to such
9 individual. Any such information obtained by the
10 organization shall be confidential and may not be transmitted
11 outside the organization and may not be transmitted to anyone
12 within the organization except as needed for the purpose of
13 evaluating the individual. Only information and standards
14 which bear a reasonable and rational relation to the
15 performance of child care shall be used by the organization.
16 Any employee of the Department or any member, employee or
17 volunteer of the organization receiving confidential
18 information under this subsection who gives or causes to be
19 given any confidential information concerning any criminal
20 convictions of an individual shall be guilty of a Class A
21 misdemeanor unless release of such information is authorized
22 by this subsection.
23 29. Upon the request of the Department of Children and
24 Family Services, to investigate reports of child abuse or
25 neglect.
26 30. To obtain registration of a fictitious vital record
27 pursuant to Section 15.1 of the Vital Records Act.
28 31. To collect and disseminate information relating to
29 "hate crimes" as defined under Section 12-7.1 of the Criminal
30 Code of 1961 contingent upon the availability of State or
31 Federal funds to revise and upgrade the Illinois Uniform
32 Crime Reporting System. All law enforcement agencies shall
33 report monthly to the Department of State Police concerning
34 such offenses in such form and in such manner as may be
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1 prescribed by rules and regulations adopted by the Department
2 of State Police. Such information shall be compiled by the
3 Department and be disseminated upon request to any local law
4 enforcement agency, unit of local government, or state
5 agency. Dissemination of such information shall be subject
6 to all confidentiality requirements otherwise imposed by law.
7 The Department of State Police shall provide training for
8 State Police officers in identifying, responding to, and
9 reporting all hate crimes. The Illinois Local Governmental
10 Law Enforcement Officer's Training Board shall develop and
11 certify a course of such training to be made available to
12 local law enforcement officers.
13 32. Upon the request of a private carrier company that
14 provides transportation under Section 28b of the Metropolitan
15 Transit Authority Act, to ascertain if an applicant for a
16 driver position has been convicted of any criminal or drug
17 offense enumerated in Section 28b of the Metropolitan Transit
18 Authority Act. The Department shall furnish the conviction
19 information to the private carrier company that requested the
20 information.
21 33. To apply for grants or contracts, receive, expend,
22 allocate, or disburse funds and moneys made available by
23 public or private entities, including, but not limited to,
24 contracts, bequests, grants, or receiving equipment from
25 corporations, foundations, or public or private institutions
26 of higher learning. All funds received by the Department
27 from these sources shall be deposited into the appropriate
28 fund in the State Treasury to be appropriated to the
29 Department for purposes as indicated by the grantor or
30 contractor or, in the case of funds or moneys bequeathed or
31 granted for no specific purpose, for any purpose as deemed
32 appropriate by the Director in administering the
33 responsibilities of the Department.
34 34. Upon the request of the Department of Children and
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1 Family Services, the Department of State Police shall provide
2 properly designated employees of the Department of Children
3 and Family Services with criminal history record information
4 as defined in the Illinois Uniform Conviction Information Act
5 and information maintained in the adjudicatory and
6 dispositional record system as defined in subdivision (A)19
7 of this Section if the Department of Children and Family
8 Services determines the information is necessary to perform
9 its duties under the Abused and Neglected Child Reporting
10 Act, the Child Care Act of 1969, and the Children and Family
11 Services Act. The request shall be in the form and manner
12 specified by the Department of State Police.
13 35. The Illinois Department of Public Aid is an
14 authorized entity under this Section for the purpose of
15 obtaining access to various data repositories available
16 through LEADS, to facilitate the location of individuals for
17 establishing paternity, and establishing, modifying, and
18 enforcing child support obligations, pursuant to the Illinois
19 Public Aid Code and Title IV, Part D of the Social Security
20 Act. The Department shall enter into an agreement with the
21 Illinois Department of Public Aid consistent with these
22 purposes.
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 35. The Illinois Department of Public Aid is an
12 authorized entity under this Section for the purpose of
13 obtaining access to various data repositories available
14 through LEADS, to facilitate the location of individuals for
15 establishing paternity, and establishing, modifying, and
16 enforcing child support obligations, pursuant to the Public
17 Aid Code and Title IV, Section D of the Social Security Act.
18 The Department shall enter into an agreement with the
19 Illinois Department of Public Aid consistent with these
20 purposes.
21 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
22 90-130, eff. 1-1-98; revised 1-5-98.)
23 (Text of Section after amendment by P.A. 90-372)
24 Sec. 55a. Powers and duties.
25 (A) The Department of State Police shall have the
26 following powers and duties, and those set forth in Sections
27 55a-1 through 55c:
28 1. To exercise the rights, powers and duties which have
29 been vested in the Department of Public Safety by the State
30 Police Act.
31 2. To exercise the rights, powers and duties which have
32 been vested in the Department of Public Safety by the State
33 Police Radio Act.
34 3. To exercise the rights, powers and duties which have
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1 been vested in the Department of Public Safety by the
2 Criminal Identification Act.
3 4. To (a) investigate the origins, activities, personnel
4 and incidents of crime and the ways and means to redress the
5 victims of crimes, and study the impact, if any, of
6 legislation relative to the effusion of crime and growing
7 crime rates, and enforce the criminal laws of this State
8 related thereto, (b) enforce all laws regulating the
9 production, sale, prescribing, manufacturing, administering,
10 transporting, having in possession, dispensing, delivering,
11 distributing, or use of controlled substances and cannabis,
12 (c) employ skilled experts, scientists, technicians,
13 investigators or otherwise specially qualified persons to aid
14 in preventing or detecting crime, apprehending criminals, or
15 preparing and presenting evidence of violations of the
16 criminal laws of the State, (d) cooperate with the police of
17 cities, villages and incorporated towns, and with the police
18 officers of any county, in enforcing the laws of the State
19 and in making arrests and recovering property, (e) apprehend
20 and deliver up any person charged in this State or any other
21 State of the United States with treason, felony, or other
22 crime, who has fled from justice and is found in this State,
23 and (f) conduct such other investigations as may be provided
24 by law. Persons exercising these powers within the Department
25 are conservators of the peace and as such have all the powers
26 possessed by policemen in cities and sheriffs, except that
27 they may exercise such powers anywhere in the State in
28 cooperation with and after contact with the local law
29 enforcement officials. Such persons may use false or
30 fictitious names in the performance of their duties under
31 this paragraph, upon approval of the Director, and shall not
32 be subject to prosecution under the criminal laws for such
33 use.
34 5. To: (a) be a central repository and custodian of
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1 criminal statistics for the State, (b) be a central
2 repository for criminal history record information, (c)
3 procure and file for record such information as is necessary
4 and helpful to plan programs of crime prevention, law
5 enforcement and criminal justice, (d) procure and file for
6 record such copies of fingerprints, as may be required by
7 law, (e) establish general and field crime laboratories, (f)
8 register and file for record such information as may be
9 required by law for the issuance of firearm owner's
10 identification cards, (g) employ polygraph operators,
11 laboratory technicians and other specially qualified persons
12 to aid in the identification of criminal activity, and (h)
13 undertake such other identification, information, laboratory,
14 statistical or registration activities as may be required by
15 law.
16 6. To (a) acquire and operate one or more radio
17 broadcasting stations in the State to be used for police
18 purposes, (b) operate a statewide communications network to
19 gather and disseminate information for law enforcement
20 agencies, (c) operate an electronic data processing and
21 computer center for the storage and retrieval of data
22 pertaining to criminal activity, and (d) undertake such other
23 communication activities as may be required by law.
24 7. To provide, as may be required by law, assistance to
25 local law enforcement agencies through (a) training,
26 management and consultant services for local law enforcement
27 agencies, and (b) the pursuit of research and the publication
28 of studies pertaining to local law enforcement activities.
29 8. To exercise the rights, powers and duties which have
30 been vested in the Department of State Police and the
31 Director of the Department of State Police by the Narcotic
32 Control Division Abolition Act.
33 9. To exercise the rights, powers and duties which have
34 been vested in the Department of Public Safety by the
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1 Illinois Vehicle Code.
2 10. To exercise the rights, powers and duties which have
3 been vested in the Department of Public Safety by the Firearm
4 Owners Identification Card Act.
5 11. To enforce and administer such other laws in
6 relation to law enforcement as may be vested in the
7 Department.
8 12. To transfer jurisdiction of any realty title to
9 which is held by the State of Illinois under the control of
10 the Department to any other department of the State
11 government or to the State Employees Housing Commission, or
12 to acquire or accept Federal land, when such transfer,
13 acquisition or acceptance is advantageous to the State and is
14 approved in writing by the Governor.
15 13. With the written approval of the Governor, to enter
16 into agreements with other departments created by this Act,
17 for the furlough of inmates of the penitentiary to such other
18 departments for their use in research programs being
19 conducted by them.
20 For the purpose of participating in such research
21 projects, the Department may extend the limits of any
22 inmate's place of confinement, when there is reasonable cause
23 to believe that the inmate will honor his or her trust by
24 authorizing the inmate, under prescribed conditions, to leave
25 the confines of the place unaccompanied by a custodial agent
26 of the Department. The Department shall make rules governing
27 the transfer of the inmate to the requesting other department
28 having the approved research project, and the return of such
29 inmate to the unextended confines of the penitentiary. Such
30 transfer shall be made only with the consent of the inmate.
31 The willful failure of a prisoner to remain within the
32 extended limits of his or her confinement or to return within
33 the time or manner prescribed to the place of confinement
34 designated by the Department in granting such extension shall
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1 be deemed an escape from custody of the Department and
2 punishable as provided in Section 3-6-4 of the Unified Code
3 of Corrections.
4 14. To provide investigative services, with all of the
5 powers possessed by policemen in cities and sheriffs, in and
6 around all race tracks subject to the Horse Racing Act of
7 1975.
8 15. To expend such sums as the Director deems necessary
9 from Contractual Services appropriations for the Division of
10 Operations Criminal Investigation for the purchase of
11 evidence and for the employment of persons to obtain
12 evidence. Such sums shall be advanced to agents authorized by
13 the Director to expend funds, on vouchers signed by the
14 Director.
15 16. To assist victims and witnesses in gang crime
16 prosecutions through the administration of funds appropriated
17 from the Gang Violence Victims and Witnesses Fund to the
18 Department. Such funds shall be appropriated to the
19 Department and shall only be used to assist victims and
20 witnesses in gang crime prosecutions and such assistance may
21 include any of the following:
22 (a) temporary living costs;
23 (b) moving expenses;
24 (c) closing costs on the sale of private residence;
25 (d) first month's rent;
26 (e) security deposits;
27 (f) apartment location assistance;
28 (g) other expenses which the Department considers
29 appropriate; and
30 (h) compensation for any loss of or injury to real
31 or personal property resulting from a gang crime to a
32 maximum of $5,000, subject to the following provisions:
33 (1) in the case of loss of property, the
34 amount of compensation shall be measured by the
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1 replacement cost of similar or like property which
2 has been incurred by and which is substantiated by
3 the property owner,
4 (2) in the case of injury to property, the
5 amount of compensation shall be measured by the cost
6 of repair incurred and which can be substantiated by
7 the property owner,
8 (3) compensation under this provision is a
9 secondary source of compensation and shall be
10 reduced by any amount the property owner receives
11 from any other source as compensation for the loss
12 or injury, including, but not limited to, personal
13 insurance coverage,
14 (4) no compensation may be awarded if the
15 property owner was an offender or an accomplice of
16 the offender, or if the award would unjustly benefit
17 the offender or offenders, or an accomplice of the
18 offender or offenders.
19 No victim or witness may receive such assistance if he or
20 she is not a part of or fails to fully cooperate in the
21 prosecution of gang crime members by law enforcement
22 authorities.
23 The Department shall promulgate any rules necessary for
24 the implementation of this amendatory Act of 1985.
25 17. To conduct arson investigations.
26 18. To develop a separate statewide statistical police
27 contact record keeping system for the study of juvenile
28 delinquency. The records of this police contact system shall
29 be limited to statistical information. No individually
30 identifiable information shall be maintained in the police
31 contact statistical record system.
32 19. To develop a separate statewide central adjudicatory
33 and dispositional records system for persons under 19 years
34 of age who have been adjudicated delinquent minors and to
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1 make information available to local registered participating
2 police youth officers so that police youth officers will be
3 able to obtain rapid access to the juvenile's background from
4 other jurisdictions to the end that the police youth officers
5 can make appropriate dispositions which will best serve the
6 interest of the child and the community. Information
7 maintained in the adjudicatory and dispositional record
8 system shall be limited to the incidents or offenses for
9 which the minor was adjudicated delinquent by a court, and a
10 copy of the court's dispositional order. All individually
11 identifiable records in the adjudicatory and dispositional
12 records system shall be destroyed when the person reaches 19
13 years of age.
14 20. To develop rules which guarantee the confidentiality
15 of such individually identifiable adjudicatory and
16 dispositional records except when used for the following:
17 (a) by authorized juvenile court personnel or the
18 State's Attorney in connection with proceedings under the
19 Juvenile Court Act of 1987; or
20 (b) inquiries from registered police youth
21 officers.
22 For the purposes of this Act "police youth officer" means
23 a member of a duly organized State, county or municipal
24 police force who is assigned by his or her Superintendent,
25 Sheriff or chief of police, as the case may be, to specialize
26 in youth problems.
27 21. To develop administrative rules and administrative
28 hearing procedures which allow a minor, his or her attorney,
29 and his or her parents or guardian access to individually
30 identifiable adjudicatory and dispositional records for the
31 purpose of determining or challenging the accuracy of the
32 records. Final administrative decisions shall be subject to
33 the provisions of the Administrative Review Law.
34 22. To charge, collect, and receive fees or moneys
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1 equivalent to the cost of providing Department of State
2 Police personnel, equipment, and services to local
3 governmental agencies when explicitly requested by a local
4 governmental agency and pursuant to an intergovernmental
5 agreement as provided by this Section, other State agencies,
6 and federal agencies, including but not limited to fees or
7 moneys equivalent to the cost of providing dispatching
8 services, radio and radar repair, and training to local
9 governmental agencies on such terms and conditions as in the
10 judgment of the Director are in the best interest of the
11 State; and to establish, charge, collect and receive fees or
12 moneys based on the cost of providing responses to requests
13 for criminal history record information pursuant to positive
14 identification and any Illinois or federal law authorizing
15 access to some aspect of such information and to prescribe
16 the form and manner for requesting and furnishing such
17 information to the requestor on such terms and conditions as
18 in the judgment of the Director are in the best interest of
19 the State, provided fees for requesting and furnishing
20 criminal history record information may be waived for
21 requests in the due administration of the criminal laws. The
22 Department may also charge, collect and receive fees or
23 moneys equivalent to the cost of providing electronic data
24 processing lines or related telecommunication services to
25 local governments, but only when such services can be
26 provided by the Department at a cost less than that
27 experienced by said local governments through other means.
28 All services provided by the Department shall be conducted
29 pursuant to contracts in accordance with the
30 Intergovernmental Cooperation Act, and all telecommunication
31 services shall be provided pursuant to the provisions of
32 Section 67.18 of this Code.
33 All fees received by the Department of State Police under
34 this Act or the Illinois Uniform Conviction Information Act
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1 shall be deposited in a special fund in the State Treasury to
2 be known as the State Police Services Fund. The money
3 deposited in the State Police Services Fund shall be
4 appropriated to the Department of State Police for expenses
5 of the Department of State Police.
6 Upon the completion of any audit of the Department of
7 State Police as prescribed by the Illinois State Auditing
8 Act, which audit includes an audit of the State Police
9 Services Fund, the Department of State Police shall make the
10 audit open to inspection by any interested person.
11 23. To exercise the powers and perform the duties which
12 have been vested in the Department of State Police by the
13 Intergovernmental Missing Child Recovery Act of 1984, and to
14 establish reasonable rules and regulations necessitated
15 thereby.
16 24. (a) To establish and maintain a statewide Law
17 Enforcement Agencies Data System (LEADS) for the purpose of
18 providing electronic access by authorized entities to
19 criminal justice data repositories and effecting an immediate
20 law enforcement response to reports of missing persons,
21 including lost, missing or runaway minors. The Department
22 shall implement an automatic data exchange system to compile,
23 to maintain and to make available to other law enforcement
24 agencies for immediate dissemination data which can assist
25 appropriate agencies in recovering missing persons and
26 provide access by authorized entities to various data
27 repositories available through LEADS for criminal justice and
28 related purposes. To help assist the Department in this
29 effort, funds may be appropriated from the LEADS Maintenance
30 Fund.
31 (b) In exercising its duties under this subsection, the
32 Department shall:
33 (1) provide a uniform reporting format for the
34 entry of pertinent information regarding the report of a
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1 missing person into LEADS;
2 (2) develop and implement a policy whereby a
3 statewide or regional alert would be used in situations
4 relating to the disappearances of individuals, based on
5 criteria and in a format established by the Department.
6 Such a format shall include, but not be limited to, the
7 age of the missing person and the suspected circumstance
8 of the disappearance;
9 (3) notify all law enforcement agencies that
10 reports of missing persons shall be entered as soon as
11 the minimum level of data specified by the Department is
12 available to the reporting agency, and that no waiting
13 period for the entry of such data exists;
14 (4) compile and retain information regarding lost,
15 abducted, missing or runaway minors in a separate data
16 file, in a manner that allows such information to be used
17 by law enforcement and other agencies deemed appropriate
18 by the Director, for investigative purposes. Such
19 information shall include the disposition of all reported
20 lost, abducted, missing or runaway minor cases;
21 (5) compile and maintain an historic data
22 repository relating to lost, abducted, missing or runaway
23 minors and other missing persons in order to develop and
24 improve techniques utilized by law enforcement agencies
25 when responding to reports of missing persons; and
26 (6) create a quality control program regarding
27 confirmation of missing person data, timeliness of
28 entries of missing person reports into LEADS and
29 performance audits of all entering agencies.
30 25. On request of a school board or regional
31 superintendent of schools, to conduct an inquiry pursuant to
32 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
33 an applicant for employment in a school district has been
34 convicted of any criminal or drug offenses enumerated in
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1 Section 10-21.9 or 34-18.5 of the School Code. The
2 Department shall furnish such conviction information to the
3 President of the school board of the school district which
4 has requested the information, or if the information was
5 requested by the regional superintendent to that regional
6 superintendent.
7 26. To promulgate rules and regulations necessary for
8 the administration and enforcement of its powers and duties,
9 wherever granted and imposed, pursuant to the Illinois
10 Administrative Procedure Act.
11 27. To (a) promulgate rules pertaining to the
12 certification, revocation of certification and training of
13 law enforcement officers as electronic criminal surveillance
14 officers, (b) provide training and technical assistance to
15 State's Attorneys and local law enforcement agencies
16 pertaining to the interception of private oral
17 communications, (c) promulgate rules necessary for the
18 administration of Article 108B of the Code of Criminal
19 Procedure of 1963, including but not limited to standards for
20 recording and minimization of electronic criminal
21 surveillance intercepts, documentation required to be
22 maintained during an intercept, procedures in relation to
23 evidence developed by an intercept, and (d) charge a
24 reasonable fee to each law enforcement agency that sends
25 officers to receive training as electronic criminal
26 surveillance officers.
27 28. Upon the request of any private organization which
28 devotes a major portion of its time to the provision of
29 recreational, social, educational or child safety services to
30 children, to conduct, pursuant to positive identification,
31 criminal background investigations of all of that
32 organization's current employees, current volunteers,
33 prospective employees or prospective volunteers charged with
34 the care and custody of children during the provision of the
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1 organization's services, and to report to the requesting
2 organization any record of convictions maintained in the
3 Department's files about such persons. The Department shall
4 charge an application fee, based on actual costs, for the
5 dissemination of conviction information pursuant to this
6 subsection. The Department is empowered to establish this
7 fee and shall prescribe the form and manner for requesting
8 and furnishing conviction information pursuant to this
9 subsection. Information received by the organization from the
10 Department concerning an individual shall be provided to such
11 individual. Any such information obtained by the
12 organization shall be confidential and may not be transmitted
13 outside the organization and may not be transmitted to anyone
14 within the organization except as needed for the purpose of
15 evaluating the individual. Only information and standards
16 which bear a reasonable and rational relation to the
17 performance of child care shall be used by the organization.
18 Any employee of the Department or any member, employee or
19 volunteer of the organization receiving confidential
20 information under this subsection who gives or causes to be
21 given any confidential information concerning any criminal
22 convictions of an individual shall be guilty of a Class A
23 misdemeanor unless release of such information is authorized
24 by this subsection.
25 29. Upon the request of the Department of Children and
26 Family Services, to investigate reports of child abuse or
27 neglect.
28 30. To obtain registration of a fictitious vital record
29 pursuant to Section 15.1 of the Vital Records Act.
30 31. To collect and disseminate information relating to
31 "hate crimes" as defined under Section 12-7.1 of the Criminal
32 Code of 1961 contingent upon the availability of State or
33 Federal funds to revise and upgrade the Illinois Uniform
34 Crime Reporting System. All law enforcement agencies shall
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1 report monthly to the Department of State Police concerning
2 such offenses in such form and in such manner as may be
3 prescribed by rules and regulations adopted by the Department
4 of State Police. Such information shall be compiled by the
5 Department and be disseminated upon request to any local law
6 enforcement agency, unit of local government, or state
7 agency. Dissemination of such information shall be subject
8 to all confidentiality requirements otherwise imposed by law.
9 The Department of State Police shall provide training for
10 State Police officers in identifying, responding to, and
11 reporting all hate crimes. The Illinois Local Governmental
12 Law Enforcement Officer's Training Board shall develop and
13 certify a course of such training to be made available to
14 local law enforcement officers.
15 32. Upon the request of a private carrier company that
16 provides transportation under Section 28b of the Metropolitan
17 Transit Authority Act, to ascertain if an applicant for a
18 driver position has been convicted of any criminal or drug
19 offense enumerated in Section 28b of the Metropolitan Transit
20 Authority Act. The Department shall furnish the conviction
21 information to the private carrier company that requested the
22 information.
23 33. To apply for grants or contracts, receive, expend,
24 allocate, or disburse funds and moneys made available by
25 public or private entities, including, but not limited to,
26 contracts, bequests, grants, or receiving equipment from
27 corporations, foundations, or public or private institutions
28 of higher learning. All funds received by the Department
29 from these sources shall be deposited into the appropriate
30 fund in the State Treasury to be appropriated to the
31 Department for purposes as indicated by the grantor or
32 contractor or, in the case of funds or moneys bequeathed or
33 granted for no specific purpose, for any purpose as deemed
34 appropriate by the Director in administering the
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1 responsibilities of the Department.
2 34. Upon the request of the Department of Children and
3 Family Services, the Department of State Police shall provide
4 properly designated employees of the Department of Children
5 and Family Services with criminal history record information
6 as defined in the Illinois Uniform Conviction Information Act
7 and information maintained in the adjudicatory and
8 dispositional record system as defined in subdivision (A)19
9 of this Section if the Department of Children and Family
10 Services determines the information is necessary to perform
11 its duties under the Abused and Neglected Child Reporting
12 Act, the Child Care Act of 1969, and the Children and Family
13 Services Act. The request shall be in the form and manner
14 specified by the Department of State Police.
15 35. The Illinois Department of Public Aid is an
16 authorized entity under this Section for the purpose of
17 obtaining access to various data repositories available
18 through LEADS, to facilitate the location of individuals for
19 establishing paternity, and establishing, modifying, and
20 enforcing child support obligations, pursuant to the Illinois
21 Public Aid Code and Title IV, Part D of the Social Security
22 Act. The Department shall enter into an agreement with the
23 Illinois Department of Public Aid consistent with these
24 purposes.
25 (B) The Department of State Police may establish and
26 maintain, within the Department of State Police, a Statewide
27 Organized Criminal Gang Database (SWORD) for the purpose of
28 tracking organized criminal gangs and their memberships.
29 Information in the database may include, but not be limited
30 to, the name, last known address, birth date, physical
31 descriptions (such as scars, marks, or tattoos), officer
32 safety information, organized gang affiliation, and entering
33 agency identifier. The Department may develop, in
34 consultation with the Criminal Justice Information Authority,
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1 and in a form and manner prescribed by the Department, an
2 automated data exchange system to compile, to maintain, and
3 to make this information electronically available to
4 prosecutors and to other law enforcement agencies. The
5 information may be used by authorized agencies to combat the
6 operations of organized criminal gangs statewide.
7 (C) The Department of State Police may ascertain the
8 number of bilingual police officers and other personnel
9 needed to provide services in a language other than English
10 and may establish, under applicable personnel rules and
11 Department guidelines or through a collective bargaining
12 agreement, a bilingual pay supplement program.
13 35. The Illinois Department of Public Aid is an
14 authorized entity under this Section for the purpose of
15 obtaining access to various data repositories available
16 through LEADS, to facilitate the location of individuals for
17 establishing paternity, and establishing, modifying, and
18 enforcing child support obligations, pursuant to the Public
19 Aid Code and Title IV, Section D of the Social Security Act.
20 The Department shall enter into an agreement with the
21 Illinois Department of Public Aid consistent with these
22 purposes.
23 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
24 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 1-5-98.)
25 (20 ILCS 2605/55a-1) (from Ch. 127, par. 55a-1)
26 Sec. 55a-1. The Department of State Police is divided
27 into the Illinois State Police Academy and 4 5 divisions: the
28 Division of Operations State Troopers, the Division of
29 Criminal Investigation, the Division of Forensic Services,
30 the Division of Administration, and the Division of Internal
31 Investigation.
32 (Source: P.A. 90-130, eff. 1-1-98.)
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1 (20 ILCS 2605/55a-2) (from Ch. 127, par. 55a-2)
2 Sec. 55a-2. The Division of Operations State Troopers
3 shall exercise the following functions and those in Section
4 55a-3:
5 1. to cooperate with federal and State authorities
6 requesting utilization of the Department's radio network
7 system under the the "Illinois Aeronautics Act", approved
8 July 24, 1945, as amended;
9 2. to exercise the rights, powers and duties of the
10 State Police under the State Police Act "An Act in relation
11 to the State Police", approved July 20, 1949, as amended;
12 3. to exercise the rights, powers and duties vested by
13 law in the Department by the State Police Radio Act "An Act
14 in relation to the establishment and operation of radio
15 broadcasting stations and the acquisition and installation of
16 radio receiving sets for police purposes", approved July 7,
17 1931, as amended;
18 4. to exercise the rights, powers and duties of the
19 Department vested by law in the Department and the Illinois
20 State Police by by "the Illinois Vehicle Code", approved
21 September 29, 1969, as amended;
22 5. to exercise other duties which have been or may be
23 vested by law in the Illinois State Police; and
24 6. to exercise other duties which may be assigned by the
25 Director in order to fulfill the responsibilities and to
26 achieve the purposes of the Department.
27 (Source: P.A. 84-25.)
28 (20 ILCS 2605/55a-3) (from Ch. 127, par. 55a-3)
29 Sec. 55a-3. (a) The Division of Operations Criminal
30 Investigation shall exercise the following functions and
31 those in Section 55a-2:
32 1. to exercise the rights, powers and duties vested
33 by law in the Department by the Illinois Horse Racing Act
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1 of 1975;
2 2. to investigate the origins, activities,
3 personnel and incidents of crime and enforce the criminal
4 laws of this State related thereto;
5 3. to enforce all laws regulating the production,
6 sale, prescribing, manufacturing, administering,
7 transporting, having in possession, dispensing,
8 delivering, distributing, or use of controlled substances
9 and cannabis;
10 4. to cooperate with the police of cities,
11 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;
14 5. to apprehend and deliver up any person charged
15 in this State or any other State with treason, felony, or
16 other crime, who has fled from justice and is found in
17 this State;
18 6. to investigate recipients, providers and any
19 personnel involved in the administration of the Illinois
20 Public Aid Code who are suspected of any violation of
21 such Code pertaining to fraud in the administration,
22 receipt or provision of assistance and pertaining to any
23 violation of criminal law, and to exercise the functions
24 required under Section 55a-7 in the conduct of such
25 investigations;
26 7. to conduct such other investigations as may be
27 provided by law;
28 8. to exercise the powers and perform the duties
29 which have been vested in the Department of State Police
30 by the Sex Offender Registration Act and the Sex Offender
31 and Child Murderer Community Notification Law and to
32 promulgate reasonable rules and regulations necessitated
33 thereby; and
34 9. to exercise other duties which may be assigned
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1 by the Director in order to fulfill the responsibilities
2 and achieve the purposes of the Department.
3 (b) There is hereby established in the Division of
4 Operations Criminal Investigation the Office of Coordination
5 of Gang Prevention, hereafter referred to as the Office.
6 The Office shall consult with units of local government
7 and school districts to assist them in gang control
8 activities and to administer a system of grants to units of
9 local government and school districts which, upon
10 application, have demonstrated a workable plan to reduce gang
11 activity in their area. Such grants shall not include
12 reimbursement for personnel nor shall they exceed 75% of the
13 total request by any applicant, and may be calculated on a
14 proportional basis, determined by funds available to the
15 Department for this purpose. The Department shall have the
16 authority to promulgate appropriate rules and regulations to
17 administer this program.
18 Such office shall establish mobile units of trained
19 personnel to respond to gang activities.
20 Such office shall also consult with and use the services
21 of religious leaders and other celebrities to assist in gang
22 control activities.
23 The Office may sponsor seminars, conferences or any other
24 educational activity to assist communities in their gang
25 crime control activities.
26 (Source: P.A. 89-8, eff. 1-1-96; 89-428, eff. 6-1-96; 89-462,
27 eff. 6-1-96; 90-193, eff. 7-24-97.)
28 (20 ILCS 2605/55a-4) (from Ch. 127, par. 55a-4)
29 Sec. 55a-4. The Division of Forensic Services shall
30 exercise the following functions:
31 1. to exercise the rights, powers and duties vested by
32 law in the Department by the Criminal Identification Act "An
33 Act in relation to criminal identification and
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1 investigation", approved July 2, 1931, as amended;
2 2. to exercise the rights, powers and duties vested by
3 law in the Department by subsection (5) of Section 55a of
4 this Act;
5 3. to provide assistance to local law enforcement
6 agencies through training, management and consultant
7 services;
8 4. (Blank); to exercise the rights, powers and duties
9 vested by law in the Department by "An Act relating to the
10 acquisition, possession and transfer of firearms and firearm
11 ammunition and to provide a penalty for the violation thereof
12 and to make an appropriation in connection therewith",
13 approved August 3, 1967, as amended;
14 5. to exercise other duties which may be assigned by the
15 Director in order to fulfill the responsibilities and achieve
16 the purposes of the Department; and
17 6. to establish and operate a forensic science
18 laboratory system, including a forensic toxicological
19 laboratory service, for the purpose of testing specimens
20 submitted by coroners and other law enforcement officers in
21 their efforts to determine whether alcohol, drugs or
22 poisonous or other toxic substances have been involved in
23 deaths, accidents or illness. Forensic toxicological
24 laboratories shall be established in Springfield, Chicago and
25 elsewhere in the State as needed.
26 (Source: P.A. 90-130, eff. 1-1-98.)
27 (20 ILCS 2605/55a-5) (from Ch. 127, par. 55a-5)
28 Sec. 55a-5. The Division of Administration shall
29 exercise the following functions:
30 1. to exercise the rights, powers and duties vested in
31 the Department by the Bureau of the Budget Act "An Act to
32 create a Bureau of the Budget and to define its powers and
33 duties and to make an appropriation", approved April 16,
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1 1969, as amended;
2 2. to pursue research and the publication of studies
3 pertaining to local law enforcement activities;
4 3. to exercise the rights, powers and duties vested in
5 the Department by the "Personnel Code", approved July 18,
6 1955, as amended;
7 4. to operate an electronic data processing and computer
8 center for the storage and retrieval of data pertaining to
9 criminal activity;
10 5. to exercise the rights, powers and duties vested in
11 the former Division of State Troopers by Section 17 of the
12 State Police Act "An Act in relation to State Police",
13 approved July 20, 1949, as amended;
14 6. to exercise the rights, powers and duties vested in
15 the Department by the Fiscal Control and Internal Auditing
16 Act "An Act relating to internal auditing in State
17 government", approved August 11, 1967, as amended;
18 7. to exercise other duties which may be assigned by the
19 Director to fulfill the responsibilities and achieve the
20 purposes of the Department;.
21 8. to exercise the rights, powers, and duties vested in
22 the Department by the Firearm Owners Identification Card Act.
23 (Source: P.A. 84-25.)
24 (20 ILCS 2605/55a-7) (from Ch. 127, par. 55a-7)
25 Sec. 55a-7. The Department of State Police, through the
26 Division of Operations Criminal Investigation, shall
27 investigate recipients, providers and any personnel involved
28 in the administration of the Illinois Public Aid Code who are
29 suspected of any violations of such Code pertaining to fraud
30 in the administration, receipt or provision of assistance
31 and pertaining to any violation of criminal law. The
32 Department shall, in addition to functions otherwise
33 authorized by State and Federal law, exercise the following
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1 functions:
2 1. to initiate investigations of suspected cases of
3 public aid fraud; and
4 2. to investigate cases of public aid fraud.
5 (Source: P.A. 84-25.)
6 (20 ILCS 2605/55a-8) (from Ch. 127, par. 55a-8)
7 Sec. 55a-8. The Department of State Police shall:
8 (a) coordinate operate a State participation in a
9 national central repository for dental records of missing
10 persons and unidentified dead bodies;
11 (b) receive and file dental records submitted by county
12 medical examiners and coroners from unidentified dead bodies
13 and submitted by law enforcement agencies from persons
14 reported missing for more than 30 days;
15 (c) provide information from the file on possible
16 identifications resulting from the comparison of dental
17 records submitted with those records on file, to county
18 medical examiners, coroners, and law enforcement agencies;
19 and
20 (d) expunge the dental records of those missing persons
21 who are found, and expunge from the file the dental records
22 of missing persons who are positively identified as a result
23 of comparisons made with this file, the files maintained by
24 other states, territories, insular possessions of the United
25 States, or the United States.
26 (Source: P.A. 84-1308.)
27 (20 ILCS 2705/49.22) (from Ch. 127, par. 49.22)
28 Sec. 49.22. To administer, exercise and enforce the
29 rights, powers and duties presently vested in the Department
30 of State Police and the Division of Operations State Troopers
31 under the "Illinois Vehicle Inspection Law," in the Illinois
32 Commerce Commission, in the State Board of Education and in
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1 the Secretary of State under laws relating to the safety
2 inspection of motor vehicles operated by common carriers, of
3 school buses, and motor vehicles used in the transportation
4 of school children and motor vehicles used in driver training
5 schools for hire licensed under Article IV of "The Illinois
6 Driver Licensing Law", or any other law relating to the
7 safety inspection of motor vehicles of the second division as
8 defined in "the Illinois Vehicle Code".
9 (Source: P.A. 84-25.)
10 Section 10. The State Finance Act is amended by changing
11 Section 8.3 as follows:
12 (30 ILCS 105/8.3) (from Ch. 127, par. 144.3)
13 Sec. 8.3. Money in the road fund shall, if and when the
14 State of Illinois incurs any bonded indebtedness for the
15 construction of permanent highways, be set aside and used for
16 the purpose of paying and discharging annually the principal
17 and interest on that bonded indebtedness then due and
18 payable, and for no other purpose. The surplus, if any, in
19 the road fund after the payment of principal and interest on
20 that bonded indebtedness then annually due shall be used as
21 follows:
22 first--to pay the cost of administration of Chapters
23 2 through 10 of the Illinois Vehicle Code, except the
24 cost of administration of Articles I and II of Chapter 3
25 of that Code; and
26 secondly--for expenses of the Department of
27 Transportation for construction, reconstruction,
28 improvement, repair, maintenance, operation, and
29 administration of highways in accordance with the
30 provisions of laws relating thereto, or for any purpose
31 related or incident to and connected therewith, including
32 the separation of grades of those highways with railroads
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1 and with highways and including the payment of awards
2 made by the Industrial Commission under the terms of the
3 Workers' Compensation Act or Workers' Occupational
4 Diseases Act for injury or death of an employee of the
5 Division of Highways in the Department of Transportation;
6 or for the acquisition of land and the erection of
7 buildings for highway purposes, including the acquisition
8 of highway right-of-way or for investigations to
9 determine the reasonably anticipated future highway
10 needs; or for making of surveys, plans, specifications
11 and estimates for and in the construction and maintenance
12 of flight strips and of highways necessary to provide
13 access to military and naval reservations, to defense
14 industries and defense-industry sites, and to the sources
15 of raw materials and for replacing existing highways and
16 highway connections shut off from general public use at
17 military and naval reservations and defense-industry
18 sites, or for the purchase of right-of-way, except that
19 the State shall be reimbursed in full for any expense
20 incurred in building the flight strips; or for the
21 operating and maintaining of highway garages; or for
22 patrolling and policing the public highways and
23 conserving the peace; or for any of those purposes or any
24 other purpose that may be provided by law.
25 Appropriations for any of those purposes are payable from
26 the road fund. Appropriations may also be made from the road
27 fund for the administrative expenses of any State agency that
28 are related to motor vehicles or arise from the use of motor
29 vehicles.
30 Beginning with fiscal year 1980 and thereafter, no road
31 fund monies shall be appropriated to the following
32 Departments or agencies of State government for
33 administration, grants, or operations; but this limitation is
34 not a restriction upon appropriating for those purposes any
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1 road fund monies that are eligible for federal reimbursement;
2 1. Department of Public Health;
3 2. Department of Transportation, only with respect
4 to subsidies for one-half fare Student Transportation and
5 Reduced Fare for Elderly;
6 3. Department of Central Management Services,
7 except for expenditures incurred for group insurance
8 premiums of appropriate personnel;
9 4. Judicial Systems and Agencies.
10 Beginning with fiscal year 1981 and thereafter, no road
11 fund monies shall be appropriated to the following
12 Departments or agencies of State government for
13 administration, grants, or operations; but this limitation is
14 not a restriction upon appropriating for those purposes any
15 road fund monies that are eligible for federal reimbursement:
16 1. Department of State Police, except for
17 expenditures with respect to the Division of Operations
18 State Troopers;
19 2. Department of Transportation, only with respect
20 to Intercity Rail Subsidies and Rail Freight Services.
21 Beginning with fiscal year 1982 and thereafter, no road
22 fund monies shall be appropriated to the following
23 Departments or agencies of State government for
24 administration, grants, or operations; but this limitation is
25 not a restriction upon appropriating for those purposes any
26 road fund monies that are eligible for federal reimbursement:
27 Department of Central Management Services, except for awards
28 made by the Industrial Commission under the terms of the
29 Workers' Compensation Act or Workers' Occupational Diseases
30 Act for injury or death of an employee of the Division of
31 Highways in the Department of Transportation.
32 Beginning with fiscal year 1984 and thereafter, no road
33 fund monies shall be appropriated to the following
34 Departments or agencies of State government for
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1 administration, grants, or operations; but this limitation is
2 not a restriction upon appropriating for those purposes any
3 road fund monies that are eligible for federal reimbursement:
4 1. Department of State Police, except not more than
5 40% of the funds appropriated for the Division of
6 Operations State Troopers;
7 2. State Officers.
8 Beginning with fiscal year 1984 and thereafter, no road
9 fund monies shall be appropriated to any Department or agency
10 of State government for administration, grants, or operations
11 except as provided hereafter; but this limitation is not a
12 restriction upon appropriating for those purposes any road
13 fund monies that are eligible for federal reimbursement. It
14 shall not be lawful to circumvent the above appropriation
15 limitations by governmental reorganization or other methods.
16 Appropriations shall be made from the road fund only in
17 accordance with the provisions of this Section.
18 Money in the road fund shall, if and when the State of
19 Illinois incurs any bonded indebtedness for the construction
20 of permanent highways, be set aside and used for the purpose
21 of paying and discharging during each fiscal year the
22 principal and interest on that bonded indebtedness as it
23 becomes due and payable as provided in the Transportation
24 Bond Act, and for no other purpose. The surplus, if any, in
25 the road fund after the payment of principal and interest on
26 that bonded indebtedness then annually due shall be used as
27 follows:
28 first--to pay the cost of administration of Chapters
29 2 through 10 of the Illinois Vehicle Code; and
30 secondly--no road fund monies derived from fees,
31 excises, or license taxes relating to registration,
32 operation and use of vehicles on public highways or to
33 fuels used for the propulsion of those vehicles, shall be
34 appropriated or expended other than for costs of
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1 administering the laws imposing those fees, excises, and
2 license taxes, statutory refunds and adjustments allowed
3 thereunder, administrative costs of the Department of
4 Transportation, payment of debts and liabilities incurred
5 in construction and reconstruction of public highways and
6 bridges, acquisition of rights-of-way for and the cost of
7 construction, reconstruction, maintenance, repair, and
8 operation of public highways and bridges under the
9 direction and supervision of the State, political
10 subdivision, or municipality collecting those monies, and
11 the costs for patrolling and policing the public highways
12 (by State, political subdivision, or municipality
13 collecting that money) for enforcement of traffic laws.
14 The separation of grades of such highways with railroads
15 and costs associated with protection of at-grade highway
16 and railroad crossing shall also be permissible.
17 Appropriations for any of such purposes are payable from
18 the road fund or the Grade Crossing Protection Fund as
19 provided in Section 8 of the Motor Fuel Tax Law.
20 Beginning with fiscal year 1991 and thereafter, no Road
21 Fund monies shall be appropriated to the Department of State
22 Police for the purposes of this Section in excess of its
23 total fiscal year 1990 Road Fund appropriations for those
24 purposes unless otherwise provided in Section 5g of this Act.
25 It shall not be lawful to circumvent this limitation on
26 appropriations by governmental reorganization or other
27 methods unless otherwise provided in Section 5g of this Act.
28 In fiscal year 1994, no Road Fund monies shall be
29 appropriated to the Secretary of State for the purposes of
30 this Section in excess of the total fiscal year 1991 Road
31 Fund appropriations to the Secretary of State for those
32 purposes, plus $9,800,000. It shall not be lawful to
33 circumvent this limitation on appropriations by governmental
34 reorganization or other method.
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1 Beginning with fiscal year 1995 and thereafter, no Road
2 Fund monies shall be appropriated to the Secretary of State
3 for the purposes of this Section in excess of the total
4 fiscal year 1994 Road Fund appropriations to the Secretary of
5 State for those purposes. It shall not be lawful to
6 circumvent this limitation on appropriations by governmental
7 reorganization or other methods.
8 No new program may be initiated in fiscal year 1991 and
9 thereafter that is not consistent with the limitations
10 imposed by this Section for fiscal year 1984 and thereafter,
11 insofar as appropriation of road fund monies is concerned.
12 Nothing in this Section prohibits transfers from the Road
13 Fund to the State Construction Account Fund under Section 5e
14 of this Act.
15 (Source: P.A. 87-774; 87-1228; 88-78.)
16 Section 15. The Illinois Pension Code is amended by
17 changing Sections 14-110 and 16-163 as follows:
18 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
19 Sec. 14-110. Alternative retirement annuity.
20 (a) Any member who has withdrawn from service with not
21 less than 20 years of eligible creditable service and has
22 attained age 55, and any member who has withdrawn from
23 service with not less than 25 years of eligible creditable
24 service and has attained age 50, regardless of whether the
25 attainment of either of the specified ages occurs while the
26 member is still in service, shall be entitled to receive at
27 the option of the member, in lieu of the regular or minimum
28 retirement annuity, a retirement annuity computed as
29 follows:
30 (i) for periods of service as a noncovered
31 employee, 2 1/4% of final average compensation for each
32 of the first 10 years of creditable service, 2 1/2% for
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1 each year above 10 years to and including 20 years of
2 creditable service, and 2 3/4% for each year of
3 creditable service above 20 years; and
4 (ii) for periods of eligible creditable service as
5 a covered employee, 1.67% of final average compensation
6 for each of the first 10 years of such service, 1.90% for
7 each of the next 10 years of such service, 2.10% for each
8 year of such service in excess of 20 but not exceeding
9 30, and 2.30% for each year in excess of 30.
10 Such annuity shall be subject to a maximum of 75% of
11 final average compensation. These rates shall not be
12 applicable to any service performed by a member as a covered
13 employee which is not eligible creditable service. Service
14 as a covered employee which is not eligible creditable
15 service shall be subject to the rates and provisions of
16 Section 14-108.
17 (b) For the purpose of this Section, "eligible
18 creditable service" means creditable service resulting from
19 service in one or more of the following positions:
20 (1) State policeman;
21 (2) fire fighter in the fire protection service of
22 a department;
23 (3) air pilot;
24 (4) special agent;
25 (5) investigator for the Secretary of State;
26 (6) conservation police officer;
27 (7) investigator for the Department of Revenue;
28 (8) security employee of the Department of Human
29 Services;
30 (9) Central Management Services security police
31 officer;
32 (10) security employee of the Department of
33 Corrections;
34 (11) dangerous drugs investigator;
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1 (12) investigator for the Department of State
2 Police;
3 (13) investigator for the Office of the Attorney
4 General;
5 (14) controlled substance inspector;
6 (15) investigator for the Office of the State's
7 Attorneys Appellate Prosecutor;
8 (16) Commerce Commission police officer;
9 (17) arson investigator.
10 A person employed in one of the positions specified in
11 this subsection is entitled to eligible creditable service
12 for service credit earned under this Article while undergoing
13 the basic police training course approved by the Illinois
14 Local Governmental Law Enforcement Officers Training Board,
15 if completion of that training is required of persons serving
16 in that position. For the purposes of this Code, service
17 during the required basic police training course shall be
18 deemed performance of the duties of the specified position,
19 even though the person is not a sworn peace officer at the
20 time of the training.
21 (c) For the purposes of this Section:
22 (1) The term "state policeman" includes any title
23 or position in the Department of State Police that is
24 held by an individual employed under the State Police
25 Act.
26 (2) The term "fire fighter in the fire protection
27 service of a department" includes all officers in such
28 fire protection service including fire chiefs and
29 assistant fire chiefs.
30 (3) The term "air pilot" includes any employee
31 whose official job description on file in the Department
32 of Central Management Services, or in the department by
33 which he is employed if that department is not covered by
34 the Personnel Code, states that his principal duty is the
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1 operation of aircraft, and who possesses a pilot's
2 license; however, the change in this definition made by
3 this amendatory Act of 1983 shall not operate to exclude
4 any noncovered employee who was an "air pilot" for the
5 purposes of this Section on January 1, 1984.
6 (4) The term "special agent" means any person who
7 by reason of employment by the Division of Narcotic
8 Control, the Bureau of Investigation or, after July 1,
9 1977, the Division of Criminal Investigation, the
10 Division of Internal Investigation, the Division of
11 Operations, or any other Division or organizational
12 entity in the Department of State Police is vested by law
13 with duties to maintain public order, investigate
14 violations of the criminal law of this State, enforce the
15 laws of this State, make arrests and recover property.
16 The term "special agent" includes any title or position
17 in the Department of State Police that is held by an
18 individual employed under the State Police Act.
19 (5) The term "investigator for the Secretary of
20 State" means any person employed by the Office of the
21 Secretary of State and vested with such investigative
22 duties as render him ineligible for coverage under the
23 Social Security Act by reason of Sections 218(d)(5)(A),
24 218(d)(8)(D) and 218(l)(1) of that Act.
25 A person who became employed as an investigator for
26 the Secretary of State between January 1, 1967 and
27 December 31, 1975, and who has served as such until
28 attainment of age 60, either continuously or with a
29 single break in service of not more than 3 years
30 duration, which break terminated before January 1, 1976,
31 shall be entitled to have his retirement annuity
32 calculated in accordance with subsection (a),
33 notwithstanding that he has less than 20 years of credit
34 for such service.
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1 (6) The term "Conservation Police Officer" means
2 any person employed by the Division of Law Enforcement of
3 the Department of Natural Resources and vested with such
4 law enforcement duties as render him ineligible for
5 coverage under the Social Security Act by reason of
6 Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of
7 that Act. The term "Conservation Police Officer"
8 includes the positions of Chief Conservation Police
9 Administrator and Assistant Conservation Police
10 Administrator.
11 (7) The term "investigator for the Department of
12 Revenue" means any person employed by the Department of
13 Revenue and vested with such investigative duties as
14 render him ineligible for coverage under the Social
15 Security Act by reason of Sections 218(d)(5)(A),
16 218(d)(8)(D) and 218(l)(1) of that Act.
17 (8) The term "security employee of the Department
18 of Human Services" means any person employed by the
19 Department of Human Services who is employed at the
20 Chester Mental Health Center and has daily contact with
21 the residents thereof, or who is a mental health police
22 officer. "Mental health police officer" means any person
23 employed by the Department of Human Services in a
24 position pertaining to the Department's mental health and
25 developmental disabilities functions who is vested with
26 such law enforcement duties as render the person
27 ineligible for coverage under the Social Security Act by
28 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
29 218(l)(1) of that Act.
30 (9) "Central Management Services security police
31 officer" means any person employed by the Department of
32 Central Management Services who is vested with such law
33 enforcement duties as render him ineligible for coverage
34 under the Social Security Act by reason of Sections
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1 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
2 (10) The term "security employee of the Department
3 of Corrections" means any employee of the Department of
4 Corrections or the former Department of Personnel, and
5 any member or employee of the Prisoner Review Board, who
6 has daily contact with inmates by working within a
7 correctional facility or who is a parole officer or an
8 employee who has direct contact with committed persons in
9 the performance of his or her job duties.
10 (11) The term "dangerous drugs investigator" means
11 any person who is employed as such by the Department of
12 Human Services.
13 (12) The term "investigator for the Department of
14 State Police" means a person employed by the Department
15 of State Police who is vested under Section 4 of the
16 Narcotic Control Division Abolition Act with such law
17 enforcement powers as render him ineligible for coverage
18 under the Social Security Act by reason of Sections
19 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
20 (13) "Investigator for the Office of the Attorney
21 General" means any person who is employed as such by the
22 Office of the Attorney General and is vested with such
23 investigative duties as render him ineligible for
24 coverage under the Social Security Act by reason of
25 Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
26 Act. For the period before January 1, 1989, the term
27 includes all persons who were employed as investigators
28 by the Office of the Attorney General, without regard to
29 social security status.
30 (14) "Controlled substance inspector" means any
31 person who is employed as such by the Department of
32 Professional Regulation and is vested with such law
33 enforcement duties as render him ineligible for coverage
34 under the Social Security Act by reason of Sections
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1 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
2 The term "controlled substance inspector" includes the
3 Program Executive of Enforcement and the Assistant
4 Program Executive of Enforcement.
5 (15) The term "investigator for the Office of the
6 State's Attorneys Appellate Prosecutor" means a person
7 employed in that capacity on a full time basis under the
8 authority of Section 7.06 of the State's Attorneys
9 Appellate Prosecutor's Act.
10 (16) "Commerce Commission police officer" means any
11 person employed by the Illinois Commerce Commission who
12 is vested with such law enforcement duties as render him
13 ineligible for coverage under the Social Security Act by
14 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
15 218(l)(1) of that Act.
16 (17) "Arson investigator" means any person who is
17 employed as such by the Office of the State Fire Marshal
18 and is vested with such law enforcement duties as render
19 the person ineligible for coverage under the Social
20 Security Act by reason of Sections 218(d)(5)(A),
21 218(d)(8)(D), and 218(l)(1) of that Act. A person who
22 was employed as an arson investigator on January 1, 1995
23 and is no longer in service but not yet receiving a
24 retirement annuity may convert his or her creditable
25 service for employment as an arson investigator into
26 eligible creditable service by paying to the System the
27 difference between the employee contributions actually
28 paid for that service and the amounts that would have
29 been contributed if the applicant were contributing at
30 the rate applicable to persons with the same social
31 security status earning eligible creditable service on
32 the date of application.
33 (d) A security employee of the Department of
34 Corrections, and a security employee of the Department of
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1 Human Services who is not a mental health police officer,
2 shall not be eligible for the alternative retirement annuity
3 provided by this Section unless he or she meets the following
4 minimum age and service requirements at the time of
5 retirement:
6 (i) 25 years of eligible creditable service and age
7 55; or
8 (ii) beginning January 1, 1987, 25 years of
9 eligible creditable service and age 54, or 24 years of
10 eligible creditable service and age 55; or
11 (iii) beginning January 1, 1988, 25 years of
12 eligible creditable service and age 53, or 23 years of
13 eligible creditable service and age 55; or
14 (iv) beginning January 1, 1989, 25 years of
15 eligible creditable service and age 52, or 22 years of
16 eligible creditable service and age 55; or
17 (v) beginning January 1, 1990, 25 years of eligible
18 creditable service and age 51, or 21 years of eligible
19 creditable service and age 55; or
20 (vi) beginning January 1, 1991, 25 years of
21 eligible creditable service and age 50, or 20 years of
22 eligible creditable service and age 55.
23 Persons who have service credit under Article 16 of this
24 Code for service as a security employee of the Department of
25 Corrections in a position requiring certification as a
26 teacher may count such service toward establishing their
27 eligibility under the service requirements of this Section;
28 but such service may be used only for establishing such
29 eligibility, and not for the purpose of increasing or
30 calculating any benefit.
31 (e) If a member enters military service while working in
32 a position in which eligible creditable service may be
33 earned, and returns to State service in the same or another
34 such position, and fulfills in all other respects the
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1 conditions prescribed in this Article for credit for military
2 service, such military service shall be credited as eligible
3 creditable service for the purposes of the retirement annuity
4 prescribed in this Section.
5 (f) For purposes of calculating retirement annuities
6 under this Section, periods of service rendered after
7 December 31, 1968 and before October 1, 1975 as a covered
8 employee in the position of special agent, conservation
9 police officer, mental health police officer, or investigator
10 for the Secretary of State, shall be deemed to have been
11 service as a noncovered employee, provided that the employee
12 pays to the System prior to retirement an amount equal to (1)
13 the difference between the employee contributions that would
14 have been required for such service as a noncovered employee,
15 and the amount of employee contributions actually paid, plus
16 (2) if payment is made after July 31, 1987, regular interest
17 on the amount specified in item (1) from the date of service
18 to the date of payment.
19 For purposes of calculating retirement annuities under
20 this Section, periods of service rendered after December 31,
21 1968 and before January 1, 1982 as a covered employee in the
22 position of investigator for the Department of Revenue shall
23 be deemed to have been service as a noncovered employee,
24 provided that the employee pays to the System prior to
25 retirement an amount equal to (1) the difference between the
26 employee contributions that would have been required for such
27 service as a noncovered employee, and the amount of employee
28 contributions actually paid, plus (2) if payment is made
29 after January 1, 1990, regular interest on the amount
30 specified in item (1) from the date of service to the date of
31 payment.
32 (g) A State policeman may elect, not later than January
33 1, 1990, to establish eligible creditable service for up to
34 10 years of his service as a policeman under Article 3, by
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1 filing a written election with the Board, accompanied by
2 payment of an amount to be determined by the Board, equal to
3 (i) the difference between the amount of employee and
4 employer contributions transferred to the System under
5 Section 3-110.5, and the amounts that would have been
6 contributed had such contributions been made at the rates
7 applicable to State policemen, plus (ii) interest thereon at
8 the effective rate for each year, compounded annually, from
9 the date of service to the date of payment.
10 Subject to the limitation in subsection (i), a State
11 policeman may elect, not later than July 1, 1993, to
12 establish eligible creditable service for up to 10 years of
13 his service as a member of the County Police Department under
14 Article 9, by filing a written election with the Board,
15 accompanied by payment of an amount to be determined by the
16 Board, equal to (i) the difference between the amount of
17 employee and employer contributions transferred to the System
18 under Section 9-121.10 and the amounts that would have been
19 contributed had those contributions been made at the rates
20 applicable to State policemen, plus (ii) interest thereon at
21 the effective rate for each year, compounded annually, from
22 the date of service to the date of payment.
23 (h) Subject to the limitation in subsection (i), a State
24 policeman or investigator for the Secretary of State may
25 elect to establish eligible creditable service for up to 12
26 years of his service as a policeman under Article 5, by
27 filing a written election with the Board on or before January
28 31, 1992, and paying to the System by January 31, 1994 an
29 amount to be determined by the Board, equal to (i) the
30 difference between the amount of employee and employer
31 contributions transferred to the System under Section 5-236,
32 and the amounts that would have been contributed had such
33 contributions been made at the rates applicable to State
34 policemen, plus (ii) interest thereon at the effective rate
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1 for each year, compounded annually, from the date of service
2 to the date of payment.
3 Subject to the limitation in subsection (i), a State
4 policeman, conservation police officer, or investigator for
5 the Secretary of State may elect to establish eligible
6 creditable service for up to 10 years of service as a
7 sheriff's law enforcement employee under Article 7, by filing
8 a written election with the Board on or before January 31,
9 1993, and paying to the System by January 31, 1994 an amount
10 to be determined by the Board, equal to (i) the difference
11 between the amount of employee and employer contributions
12 transferred to the System under Section 7-139.7, and the
13 amounts that would have been contributed had such
14 contributions been made at the rates applicable to State
15 policemen, plus (ii) interest thereon at the effective rate
16 for each year, compounded annually, from the date of service
17 to the date of payment.
18 (i) The total amount of eligible creditable service
19 established by any person under subsections (g), (h), (j),
20 (k), and (l) of this Section shall not exceed 12 years.
21 (j) Subject to the limitation in subsection (i), an
22 investigator for the Office of the State's Attorneys
23 Appellate Prosecutor or a controlled substance inspector may
24 elect to establish eligible creditable service for up to 10
25 years of his service as a policeman under Article 3 or a
26 sheriff's law enforcement employee under Article 7, by filing
27 a written election with the Board, accompanied by payment of
28 an amount to be determined by the Board, equal to (1) the
29 difference between the amount of employee and employer
30 contributions transferred to the System under Section 3-110.6
31 or 7-139.8, and the amounts that would have been contributed
32 had such contributions been made at the rates applicable to
33 State policemen, plus (2) interest thereon at the effective
34 rate for each year, compounded annually, from the date of
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1 service to the date of payment.
2 (k) Subject to the limitation in subsection (i) of this
3 Section, an alternative formula employee may elect to
4 establish eligible creditable service for periods spent as a
5 full-time law enforcement officer or full-time corrections
6 officer employed by the federal government or by a state or
7 local government located outside of Illinois, for which
8 credit is not held in any other public employee pension fund
9 or retirement system. To obtain this credit, the applicant
10 must file a written application with the Board by March 31,
11 1998, accompanied by evidence of eligibility acceptable to
12 the Board and payment of an amount to be determined by the
13 Board, equal to (1) employee contributions for the credit
14 being established, based upon the applicant's salary on the
15 first day as an alternative formula employee after the
16 employment for which credit is being established and the
17 rates then applicable to alternative formula employees, plus
18 (2) an amount determined by the Board to be the employer's
19 normal cost of the benefits accrued for the credit being
20 established, plus (3) regular interest on the amounts in
21 items (1) and (2) from the first day as an alternative
22 formula employee after the employment for which credit is
23 being established to the date of payment.
24 (l) Subject to the limitation in subsection (i), a
25 security employee of the Department of Corrections may elect,
26 not later than July 1, 1998, to establish eligible creditable
27 service for up to 10 years of his or her service as a
28 policeman under Article 3, by filing a written election with
29 the Board, accompanied by payment of an amount to be
30 determined by the Board, equal to (i) the difference between
31 the amount of employee and employer contributions transferred
32 to the System under Section 3-110.5, and the amounts that
33 would have been contributed had such contributions been made
34 at the rates applicable to security employees of the
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1 Department of Corrections, plus (ii) interest thereon at the
2 effective rate for each year, compounded annually, from the
3 date of service to the date of payment.
4 (Source: P.A. 89-136, eff. 7-14-95; 89-445, eff. 2-7-96;
5 89-507, eff. 7-1-97; 90-32, eff. 6-27-97.)
6 (40 ILCS 5/16-163) (from Ch. 108 1/2, par. 16-163)
7 Sec. 16-163. Board created. A board of 10 members
8 constitutes a board of trustees authorized to carry out the
9 provisions of this Article and is responsible for the general
10 administration of the system. The board is known as the
11 Board of Trustees of the Teachers' Retirement System of the
12 State of Illinois. The board is composed of the
13 Superintendent of Education, ex-officio, who shall be the
14 president of the board until July 15, 1998 or until such time
15 as the Governor has designated the president under this
16 amendatory Act of 1998; 4 persons, not members of the system,
17 to be appointed by the Governor, who shall hold no elected
18 State office; 4 teachers, as defined in Section 16-106,
19 elected by the contributing members; and one annuitant member
20 elected by the annuitants of the system, as provided in
21 Section 16-165. Beginning July 15, 1998, the Governor shall,
22 from time to time, designate one of the members to serve as
23 president of the board.
24 (Source: P.A. 90-511, eff. 8-22-97.)
25 Section 20. The School Code is amended by changing
26 Section 27-24.5 as follows:
27 (105 ILCS 5/27-24.5) (from Ch. 122, par. 27-24.5)
28 Sec. 27-24.5. Submission of claims. Claims for
29 reimbursement under this Act shall be submitted in duplicate
30 by each district to the State Board prior to October
31 September 1 of each year on such forms and in such manner as
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1 shall be prescribed by the State Board. In addition to the
2 claim form, the district shall report on forms prescribed by
3 the State Board, on an ongoing basis, a list of students by
4 name, age, sex, serial number of the driver's license held by
5 the student during instruction, and instructor operator's
6 license number those students who have taken the
7 behind-the-wheel instruction or the classroom instruction or
8 both with the status of the course completion. Such claim
9 shall list the name and age of each student, excluding each
10 resident of the district over age 55, for whom claim is made
11 who finished the entire course after July 1 of the preceding
12 calendar year and prior to July 1 of the year in which the
13 claim is submitted and the serial number of the driver's
14 license held by the student during the time he was enrolled
15 in the course. Such claim also shall list the name and age of
16 each student, excluding residents of the district over age
17 55, for whom claim is made for such period for the classroom
18 instruction part only of such course and for the practice
19 driving part of such course.
20 The State shall not reimburse any district for any
21 student who has repeated any part of the course more than
22 once, or who did not hold such a valid license during the
23 period he was a student in the practice driving part of the
24 course, or who did not meet the age requirements of this Act
25 during the period that the student he was instructed a
26 student in any part of the drivers education course; nor
27 shall the State reimburse any district for any resident of
28 the district over age 55.
29 (Source: P.A. 88-9.)
30 Section 25. The Higher Education Student Assistance Act
31 is amended by adding Section 73 as follows:
32 (110 ILCS 947/73 new)
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1 Sec. 73. Search service fees. The Illinois Student
2 Assistance Commission may charge a reasonable fee not
3 exceeding $10 for any student for administration of its
4 scholarship and grant search service. All fees received by
5 the Commission for the performance of those services and
6 activities shall be deposited upon receipt into the Illinois
7 Student Assistance Commission Higher EdNet Fund in the State
8 Treasury.
9 Section 30. The Whistleblower Reward and Protection Act
10 is amended by changing Section 2 as follows:
11 (740 ILCS 175/2) (from Ch. 127, par. 4102)
12 Sec. 2. Definitions. As used in this Act:
13 (a) "State" means the State of Illinois; any agency of
14 State government; and any of the following entities which may
15 elect to adopt the provisions of this Act by ordinance or
16 resolution, a copy of which shall be filed with the Attorney
17 General within 30 days of its adoption: the system of State
18 colleges and universities, any school district, any public
19 community college district, any municipality, municipal
20 corporations, units of local government, and any combination
21 of the above under an intergovernmental agreement that
22 includes provisions for a governing body of the agency
23 created by the agreement.
24 (b) "Guard" means the Illinois National Guard.
25 (c) "Investigation" means any inquiry conducted by any
26 investigator for the purpose of ascertaining whether any
27 person is or has been engaged in any violation of this Act.
28 (d) "Investigator" means a person who is charged by the
29 Department of State Police with the duty of conducting any
30 investigation under this Act, or any officer or employee of
31 the State acting under the direction and supervision of the
32 Department of State Police, through the Division of
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1 Operations Criminal Investigation or the Division of Internal
2 Investigation, in the course of with an investigation.
3 (e) "Documentary material" includes the original or any
4 copy of any book, record, report, memorandum, paper,
5 communication, tabulation, chart, or other document, or data
6 compilations stored in or accessible through computer or
7 other information retrieval systems, together with
8 instructions and all other materials necessary to use or
9 interpret such data compilations, and any product of
10 discovery.
11 (f) "Custodian" means the custodian, or any deputy
12 custodian, designated by the Attorney General under
13 subsection (i)(1) of Section 6.
14 (g) "Product of discovery" includes:
15 (1) the original or duplicate of any deposition,
16 interrogatory, document, thing, result of the inspection
17 of land or other property, examination, or admission,
18 which is obtained by any method of discovery in any
19 judicial or administrative proceeding of an adversarial
20 nature;
21 (2) any digest, analysis, selection, compilation,
22 or derivation of any item listed in paragraph (1); and
23 (3) any index or other manner of access to any item
24 listed in paragraph (1).
25 (Source: P.A. 89-260, eff. 1-1-96.)
26 Section 95. No acceleration or delay. Where this Act
27 makes changes in a statute that is represented in this Act by
28 text that is not yet or no longer in effect (for example, a
29 Section represented by multiple versions), the use of that
30 text does not accelerate or delay the taking effect of (i)
31 the changes made by this Act or (ii) provisions derived from
32 any other Public Act.
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.