Public Act 0145 94TH GENERAL ASSEMBLY

HB2241 Enrolled LRB094 03280 RCE 33281 b

Public Act 094-0145

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Department of State Police Law of the Civil Administrative Code of Illinois is amended by changing Sections 2605-5 and 2605-375 as follows:

(20 ILCS 2605/2605-5)

Sec. 2605-5. Definitions. In this Law:

"Department" means the Department of State Police.

"Director" means the Director of State Police.

"Missing endangered senior" means an individual 65 years of age or older who is reported missing to a law enforcement agency and is, or is believed to be:

(1) a temporary or permanent resident of Illinois;

(2) at a location that cannot be determined by an individual familiar with the missing individual; and

(3) incapable of returning to the individual's residence without assistance.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 2605/2605-375) (was 20 ILCS 2605/55a in part)

Sec. 2605-375. Missing persons; Law Enforcement Agencies Data System (LEADS).

(a) To establish and maintain a statewide Law Enforcement Agencies Data System (LEADS) for the purpose of providing electronic access by authorized entities to criminal justice data repositories and effecting an immediate law enforcement response to reports of missing persons, including lost, missing or runaway minors and missing endangered seniors. The Department shall implement an automatic data exchange system to compile, to maintain, and to make available to other law enforcement agencies for immediate dissemination data that can assist appropriate agencies in recovering missing persons and provide access by authorized entities to various data repositories available through LEADS for criminal justice and related purposes. To assist the Department in this effort, funds may be appropriated from the LEADS Maintenance Fund.

(b) In exercising its duties under this Section, the Department shall do the following:

(1) Provide a uniform reporting format for the entry of pertinent information regarding the report of a missing person into LEADS. The report must include all of the following:

(A) Relevant information obtained from the notification concerning the missing person, including all of the following:

(i) a physical description of the missing person;

(ii) the date, time, and place that the missing person was last seen; and

(iii) the missing person's address.

(B) Information gathered by a preliminary investigation, if one was made.

(C) A statement by the law enforcement officer in charge stating the officer's assessment of the case based on the evidence and information received.

The Department of State Police shall prepare the report required by this paragraph (1) as soon as practical, but not later than 5 hours after the Department receives notification of a missing person.

(2) Develop and implement a policy whereby a statewide or regional alert would be used in situations relating to the disappearances of individuals, based on criteria and in a format established by the Department. Such a format shall include, but not be limited to, the age of the missing person and the suspected circumstance of the disappearance.

(3) Notify all law enforcement agencies that reports of missing persons shall be entered as soon as the minimum level of data specified by the Department is available to the reporting agency and that no waiting period for the entry of the data exists.

(4) Compile and retain information regarding lost, abducted, missing, or runaway minors in a separate data file, in a manner that allows that information to be used by law enforcement and other agencies deemed appropriate by the Director, for investigative purposes. The information shall include the disposition of all reported lost, abducted, missing, or runaway minor cases.

(5) Compile and maintain an historic data repository relating to lost, abducted, missing, or runaway minors and other missing persons, including, but not limited to, missing endangered seniors, in order to develop and improve techniques utilized by law enforcement agencies when responding to reports of missing persons.

(6) Create a quality control program regarding confirmation of missing person data, timeliness of entries of missing person reports into LEADS, and performance audits of all entering agencies.

(7) Upon completion of the report required by paragraph (1), the Department of State Police shall immediately forward the contents of the report to all of the following:

(A) all law enforcement agencies that have jurisdiction in the location where the missing person lives and all law enforcement agencies that have jurisdiction in the location where the missing person was last seen;

(B) all law enforcement agencies to which the person who made the notification concerning the missing person requests the report be sent, if the Department determines that the request is reasonable in light of the information received;

(C) all law enforcement agencies that request a copy of the report; and

(D) the National Crime Information Center's Missing Person File, if appropriate.

(8) The Department of State Police shall begin an investigation concerning the missing person not later than 24 hours after receiving notification of a missing person.

(c) The Illinois Law Enforcement Training Standards Board shall conduct a training program for law enforcement personnel of local governmental agencies in the statewide coordinated missing endangered senior alert system established under this Section.

(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; 91-239, eff. 1-1-00.)

Section 10. The Illinois Police Training Act is amended by changing Section 10.10 as follows:

(50 ILCS 705/10.10)

Sec. 10.10. Training in child abduction and missing endangered senior alert system. The Board shall conduct a training program for law enforcement personnel of local governmental agencies in the statewide coordinated child abduction alert system developed under Section 2605-480 of the Department of State Police Law of the Civil Administrative Code of Illinois and the statewide coordinated missing endangered senior alert system developed under Section 2605-375 of the Department of State Police Law of the Civil Administrative Code of Illinois.

(Source: P.A. 93-310, eff. 7-23-03.)

Section 99. Effective date. This Act takes effect January 1, 2006.

Effective Date: 1/1/2006