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91_HB1089eng
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1 AN ACT concerning law enforcement, amending named Acts.
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 Section 55a as follows:
6 (20 ILCS 2605/55a) (from Ch. 127, par. 55a)
7 (Text of Section before amendment by P.A. 90-590)
8 Sec. 55a. Powers and duties.
9 (A) The Department of State Police shall have the
10 following powers and duties, and those set forth in Sections
11 55a-1 through 55c:
12 1. To exercise the rights, powers and duties which have
13 been vested in the Department of Public Safety by the State
14 Police Act.
15 2. To exercise the rights, powers and duties which have
16 been vested in the Department of Public Safety by the State
17 Police Radio Act.
18 3. To exercise the rights, powers and duties which have
19 been vested in the Department of Public Safety by the
20 Criminal Identification Act.
21 4. To (a) investigate the origins, activities, personnel
22 and incidents of crime and the ways and means to redress the
23 victims of crimes, and study the impact, if any, of
24 legislation relative to the effusion of crime and growing
25 crime rates, and enforce the criminal laws of this State
26 related thereto, (b) enforce all laws regulating the
27 production, sale, prescribing, manufacturing, administering,
28 transporting, having in possession, dispensing, delivering,
29 distributing, or use of controlled substances and cannabis,
30 (c) employ skilled experts, scientists, technicians,
31 investigators or otherwise specially qualified persons to aid
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1 in preventing or detecting crime, apprehending criminals, or
2 preparing and presenting evidence of violations of the
3 criminal laws of the State, (d) cooperate with the police of
4 cities, villages and incorporated towns, and with the police
5 officers of any county, in enforcing the laws of the State
6 and in making arrests and recovering property, (e) apprehend
7 and deliver up any person charged in this State or any other
8 State of the United States with treason, felony, or other
9 crime, who has fled from justice and is found in this State,
10 and (f) conduct such other investigations as may be provided
11 by law. Persons exercising these powers within the Department
12 are conservators of the peace and as such have all the powers
13 possessed by policemen in cities and sheriffs, except that
14 they may exercise such powers anywhere in the State in
15 cooperation with and after contact with the local law
16 enforcement officials. Such persons may use false or
17 fictitious names in the performance of their duties under
18 this paragraph, upon approval of the Director, and shall not
19 be subject to prosecution under the criminal laws for such
20 use.
21 5. To: (a) be a central repository and custodian of
22 criminal statistics for the State, (b) be a central
23 repository for criminal history record information, (c)
24 procure and file for record such information as is necessary
25 and helpful to plan programs of crime prevention, law
26 enforcement and criminal justice, (d) procure and file for
27 record such copies of fingerprints, as may be required by
28 law, (e) establish general and field crime laboratories, (f)
29 register and file for record such information as may be
30 required by law for the issuance of firearm owner's
31 identification cards, (g) employ polygraph operators,
32 laboratory technicians and other specially qualified persons
33 to aid in the identification of criminal activity, and (h)
34 undertake such other identification, information, laboratory,
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1 statistical or registration activities as may be required by
2 law.
3 6. To (a) acquire and operate one or more radio
4 broadcasting stations in the State to be used for police
5 purposes, (b) operate a statewide communications network to
6 gather and disseminate information for law enforcement
7 agencies, (c) operate an electronic data processing and
8 computer center for the storage and retrieval of data
9 pertaining to criminal activity, and (d) undertake such other
10 communication activities as may be required by law.
11 7. To provide, as may be required by law, assistance to
12 local law enforcement agencies through (a) training,
13 management and consultant services for local law enforcement
14 agencies, and (b) the pursuit of research and the publication
15 of studies pertaining to local law enforcement activities.
16 8. To exercise the rights, powers and duties which have
17 been vested in the Department of State Police and the
18 Director of the Department of State Police by the Narcotic
19 Control Division Abolition Act.
20 9. To exercise the rights, powers and duties which have
21 been vested in the Department of Public Safety by the
22 Illinois Vehicle Code.
23 10. To exercise the rights, powers and duties which have
24 been vested in the Department of Public Safety by the Firearm
25 Owners Identification Card Act.
26 11. To enforce and administer such other laws in
27 relation to law enforcement as may be vested in the
28 Department.
29 12. To transfer jurisdiction of any realty title to
30 which is held by the State of Illinois under the control of
31 the Department to any other department of the State
32 government or to the State Employees Housing Commission, or
33 to acquire or accept Federal land, when such transfer,
34 acquisition or acceptance is advantageous to the State and is
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1 approved in writing by the Governor.
2 13. With the written approval of the Governor, to enter
3 into agreements with other departments created by this Act,
4 for the furlough of inmates of the penitentiary to such other
5 departments for their use in research programs being
6 conducted by them.
7 For the purpose of participating in such research
8 projects, the Department may extend the limits of any
9 inmate's place of confinement, when there is reasonable cause
10 to believe that the inmate will honor his or her trust by
11 authorizing the inmate, under prescribed conditions, to leave
12 the confines of the place unaccompanied by a custodial agent
13 of the Department. The Department shall make rules governing
14 the transfer of the inmate to the requesting other department
15 having the approved research project, and the return of such
16 inmate to the unextended confines of the penitentiary. Such
17 transfer shall be made only with the consent of the inmate.
18 The willful failure of a prisoner to remain within the
19 extended limits of his or her confinement or to return within
20 the time or manner prescribed to the place of confinement
21 designated by the Department in granting such extension shall
22 be deemed an escape from custody of the Department and
23 punishable as provided in Section 3-6-4 of the Unified Code
24 of Corrections.
25 14. To provide investigative services, with all of the
26 powers possessed by policemen in cities and sheriffs, in and
27 around all race tracks subject to the Horse Racing Act of
28 1975.
29 15. To expend such sums as the Director deems necessary
30 from Contractual Services appropriations for the Division of
31 Criminal Investigation for the purchase of evidence and for
32 the employment of persons to obtain evidence. Such sums shall
33 be advanced to agents authorized by the Director to expend
34 funds, on vouchers signed by the Director.
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1 16. To assist victims and witnesses in gang crime
2 prosecutions through the administration of funds appropriated
3 from the Gang Violence Victims and Witnesses Fund to the
4 Department. Such funds shall be appropriated to the
5 Department and shall only be used to assist victims and
6 witnesses in gang crime prosecutions and such assistance may
7 include any of the following:
8 (a) temporary living costs;
9 (b) moving expenses;
10 (c) closing costs on the sale of private residence;
11 (d) first month's rent;
12 (e) security deposits;
13 (f) apartment location assistance;
14 (g) other expenses which the Department considers
15 appropriate; and
16 (h) compensation for any loss of or injury to real
17 or personal property resulting from a gang crime to a
18 maximum of $5,000, subject to the following provisions:
19 (1) in the case of loss of property, the
20 amount of compensation shall be measured by the
21 replacement cost of similar or like property which
22 has been incurred by and which is substantiated by
23 the property owner,
24 (2) in the case of injury to property, the
25 amount of compensation shall be measured by the cost
26 of repair incurred and which can be substantiated by
27 the property owner,
28 (3) compensation under this provision is a
29 secondary source of compensation and shall be
30 reduced by any amount the property owner receives
31 from any other source as compensation for the loss
32 or injury, including, but not limited to, personal
33 insurance coverage,
34 (4) no compensation may be awarded if the
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1 property owner was an offender or an accomplice of
2 the offender, or if the award would unjustly benefit
3 the offender or offenders, or an accomplice of the
4 offender or offenders.
5 No victim or witness may receive such assistance if he or
6 she is not a part of or fails to fully cooperate in the
7 prosecution of gang crime members by law enforcement
8 authorities.
9 The Department shall promulgate any rules necessary for
10 the implementation of this amendatory Act of 1985.
11 17. To conduct arson investigations.
12 18. To develop a separate statewide statistical police
13 contact record keeping system for the study of juvenile
14 delinquency. The records of this police contact system shall
15 be limited to statistical information. No individually
16 identifiable information shall be maintained in the police
17 contact statistical record system.
18 19. To develop a separate statewide central adjudicatory
19 and dispositional records system for persons under 19 years
20 of age who have been adjudicated delinquent minors and to
21 make information available to local registered participating
22 police youth officers so that police youth officers will be
23 able to obtain rapid access to the juvenile's background from
24 other jurisdictions to the end that the police youth officers
25 can make appropriate dispositions which will best serve the
26 interest of the child and the community. Information
27 maintained in the adjudicatory and dispositional record
28 system shall be limited to the incidents or offenses for
29 which the minor was adjudicated delinquent by a court, and a
30 copy of the court's dispositional order. All individually
31 identifiable records in the adjudicatory and dispositional
32 records system shall be destroyed when the person reaches 19
33 years of age.
34 20. To develop rules which guarantee the confidentiality
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1 of such individually identifiable adjudicatory and
2 dispositional records except when used for the following:
3 (a) by authorized juvenile court personnel or the
4 State's Attorney in connection with proceedings under the
5 Juvenile Court Act of 1987; or
6 (b) inquiries from registered police youth
7 officers.
8 For the purposes of this Act "police youth officer" means
9 a member of a duly organized State, county or municipal
10 police force who is assigned by his or her Superintendent,
11 Sheriff or chief of police, as the case may be, to specialize
12 in youth problems.
13 21. To develop administrative rules and administrative
14 hearing procedures which allow a minor, his or her attorney,
15 and his or her parents or guardian access to individually
16 identifiable adjudicatory and dispositional records for the
17 purpose of determining or challenging the accuracy of the
18 records. Final administrative decisions shall be subject to
19 the provisions of the Administrative Review Law.
20 22. To charge, collect, and receive fees or moneys
21 equivalent to the cost of providing Department of State
22 Police personnel, equipment, and services to local
23 governmental agencies when explicitly requested by a local
24 governmental agency and pursuant to an intergovernmental
25 agreement as provided by this Section, other State agencies,
26 and federal agencies, including but not limited to fees or
27 moneys equivalent to the cost of providing dispatching
28 services, radio and radar repair, and training to local
29 governmental agencies on such terms and conditions as in the
30 judgment of the Director are in the best interest of the
31 State; and to establish, charge, collect and receive fees or
32 moneys based on the cost of providing responses to requests
33 for criminal history record information pursuant to positive
34 identification and any Illinois or federal law authorizing
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1 access to some aspect of such information and to prescribe
2 the form and manner for requesting and furnishing such
3 information to the requestor on such terms and conditions as
4 in the judgment of the Director are in the best interest of
5 the State, provided fees for requesting and furnishing
6 criminal history record information may be waived for
7 requests in the due administration of the criminal laws. The
8 Department may also charge, collect and receive fees or
9 moneys equivalent to the cost of providing electronic data
10 processing lines or related telecommunication services to
11 local governments, but only when such services can be
12 provided by the Department at a cost less than that
13 experienced by said local governments through other means.
14 All services provided by the Department shall be conducted
15 pursuant to contracts in accordance with the
16 Intergovernmental Cooperation Act, and all telecommunication
17 services shall be provided pursuant to the provisions of
18 Section 67.18 of this Code.
19 All fees received by the Department of State Police under
20 this Act or the Illinois Uniform Conviction Information Act
21 shall be deposited in a special fund in the State Treasury to
22 be known as the State Police Services Fund. The money
23 deposited in the State Police Services Fund shall be
24 appropriated to the Department of State Police for expenses
25 of the Department of State Police.
26 Upon the completion of any audit of the Department of
27 State Police as prescribed by the Illinois State Auditing
28 Act, which audit includes an audit of the State Police
29 Services Fund, the Department of State Police shall make the
30 audit open to inspection by any interested person.
31 23. To exercise the powers and perform the duties which
32 have been vested in the Department of State Police by the
33 Intergovernmental Missing Child Recovery Act of 1984, and to
34 establish reasonable rules and regulations necessitated
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1 thereby.
2 24. (a) To establish and maintain a statewide Law
3 Enforcement Agencies Data System (LEADS) for the purpose of
4 providing electronic access by authorized entities to
5 criminal justice data repositories and effecting an immediate
6 law enforcement response to reports of missing persons,
7 including lost, missing or runaway minors. The Department
8 shall implement an automatic data exchange system to compile,
9 to maintain and to make available to other law enforcement
10 agencies for immediate dissemination data which can assist
11 appropriate agencies in recovering missing persons and
12 provide access by authorized entities to various data
13 repositories available through LEADS for criminal justice and
14 related purposes. To assist the Department in this effort,
15 funds may be appropriated from the LEADS Maintenance Fund.
16 (b) In exercising its duties under this subsection, the
17 Department shall:
18 (1) provide a uniform reporting format for the
19 entry of pertinent information regarding the report of a
20 missing person into LEADS;
21 (2) develop and implement a policy whereby a
22 statewide or regional alert would be used in situations
23 relating to the disappearances of individuals, based on
24 criteria and in a format established by the Department.
25 Such a format shall include, but not be limited to, the
26 age of the missing person and the suspected circumstance
27 of the disappearance;
28 (3) notify all law enforcement agencies that
29 reports of missing persons shall be entered as soon as
30 the minimum level of data specified by the Department is
31 available to the reporting agency, and that no waiting
32 period for the entry of such data exists;
33 (4) compile and retain information regarding lost,
34 abducted, missing or runaway minors in a separate data
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1 file, in a manner that allows such information to be used
2 by law enforcement and other agencies deemed appropriate
3 by the Director, for investigative purposes. Such
4 information shall include the disposition of all reported
5 lost, abducted, missing or runaway minor cases;
6 (5) compile and maintain an historic data
7 repository relating to lost, abducted, missing or runaway
8 minors and other missing persons in order to develop and
9 improve techniques utilized by law enforcement agencies
10 when responding to reports of missing persons; and
11 (6) create a quality control program regarding
12 confirmation of missing person data, timeliness of
13 entries of missing person reports into LEADS and
14 performance audits of all entering agencies.
15 25. On request of a school board or regional
16 superintendent of schools, to conduct an inquiry pursuant to
17 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
18 an applicant for employment in a school district has been
19 convicted of any criminal or drug offenses enumerated in
20 Section 10-21.9 or 34-18.5 of the School Code. The
21 Department shall furnish such conviction information to the
22 President of the school board of the school district which
23 has requested the information, or if the information was
24 requested by the regional superintendent to that regional
25 superintendent.
26 26. To promulgate rules and regulations necessary for
27 the administration and enforcement of its powers and duties,
28 wherever granted and imposed, pursuant to the Illinois
29 Administrative Procedure Act.
30 27. To (a) promulgate rules pertaining to the
31 certification, revocation of certification and training of
32 law enforcement officers as electronic criminal surveillance
33 officers, (b) provide training and technical assistance to
34 State's Attorneys and local law enforcement agencies
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1 pertaining to the interception of private oral
2 communications, (c) promulgate rules necessary for the
3 administration of Article 108B of the Code of Criminal
4 Procedure of 1963, including but not limited to standards for
5 recording and minimization of electronic criminal
6 surveillance intercepts, documentation required to be
7 maintained during an intercept, procedures in relation to
8 evidence developed by an intercept, and (d) charge a
9 reasonable fee to each law enforcement agency that sends
10 officers to receive training as electronic criminal
11 surveillance officers.
12 28. Upon the request of any private organization which
13 devotes a major portion of its time to the provision of
14 recreational, social, educational or child safety services to
15 children, to conduct, pursuant to positive identification,
16 criminal background investigations of all of that
17 organization's current employees, current volunteers,
18 prospective employees or prospective volunteers charged with
19 the care and custody of children during the provision of the
20 organization's services, and to report to the requesting
21 organization any record of convictions maintained in the
22 Department's files about such persons. The Department shall
23 charge an application fee, based on actual costs, for the
24 dissemination of conviction information pursuant to this
25 subsection. The Department is empowered to establish this
26 fee and shall prescribe the form and manner for requesting
27 and furnishing conviction information pursuant to this
28 subsection. Information received by the organization from the
29 Department concerning an individual shall be provided to such
30 individual. Any such information obtained by the
31 organization shall be confidential and may not be transmitted
32 outside the organization and may not be transmitted to anyone
33 within the organization except as needed for the purpose of
34 evaluating the individual. Only information and standards
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1 which bear a reasonable and rational relation to the
2 performance of child care shall be used by the organization.
3 Any employee of the Department or any member, employee or
4 volunteer of the organization receiving confidential
5 information under this subsection who gives or causes to be
6 given any confidential information concerning any criminal
7 convictions of an individual shall be guilty of a Class A
8 misdemeanor unless release of such information is authorized
9 by this subsection.
10 29. Upon the request of the Department of Children and
11 Family Services, to investigate reports of child abuse or
12 neglect.
13 30. To obtain registration of a fictitious vital record
14 pursuant to Section 15.1 of the Vital Records Act.
15 31. To collect and disseminate information relating to
16 "hate crimes" as defined under Section 12-7.1 of the Criminal
17 Code of 1961 contingent upon the availability of State or
18 Federal funds to revise and upgrade the Illinois Uniform
19 Crime Reporting System. All law enforcement agencies shall
20 report monthly to the Department of State Police concerning
21 such offenses in such form and in such manner as may be
22 prescribed by rules and regulations adopted by the Department
23 of State Police. Such information shall be compiled by the
24 Department and be disseminated upon request to any local law
25 enforcement agency, unit of local government, or state
26 agency. Dissemination of such information shall be subject
27 to all confidentiality requirements otherwise imposed by law.
28 The Department of State Police shall provide training for
29 State Police officers in identifying, responding to, and
30 reporting all hate crimes. The Illinois Local Governmental
31 Law Enforcement Officer's Training Standards Board shall
32 develop and certify a course of such training to be made
33 available to local law enforcement officers.
34 32. Upon the request of a private carrier company that
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1 provides transportation under Section 28b of the Metropolitan
2 Transit Authority Act, to ascertain if an applicant for a
3 driver position has been convicted of any criminal or drug
4 offense enumerated in Section 28b of the Metropolitan Transit
5 Authority Act. The Department shall furnish the conviction
6 information to the private carrier company that requested the
7 information.
8 33. To apply for grants or contracts, receive, expend,
9 allocate, or disburse funds and moneys made available by
10 public or private entities, including, but not limited to,
11 contracts, bequests, grants, or receiving equipment from
12 corporations, foundations, or public or private institutions
13 of higher learning. All funds received by the Department
14 from these sources shall be deposited into the appropriate
15 fund in the State Treasury to be appropriated to the
16 Department for purposes as indicated by the grantor or
17 contractor or, in the case of funds or moneys bequeathed or
18 granted for no specific purpose, for any purpose as deemed
19 appropriate by the Director in administering the
20 responsibilities of the Department.
21 34. Upon the request of the Department of Children and
22 Family Services, the Department of State Police shall provide
23 properly designated employees of the Department of Children
24 and Family Services with criminal history record information
25 as defined in the Illinois Uniform Conviction Information Act
26 and information maintained in the adjudicatory and
27 dispositional record system as defined in subdivision (A)19
28 of this Section if the Department of Children and Family
29 Services determines the information is necessary to perform
30 its duties under the Abused and Neglected Child Reporting
31 Act, the Child Care Act of 1969, and the Children and Family
32 Services Act. The request shall be in the form and manner
33 specified by the Department of State Police.
34 35. The Illinois Department of Public Aid is an
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1 authorized entity under this Section for the purpose of
2 obtaining access to various data repositories available
3 through LEADS, to facilitate the location of individuals for
4 establishing paternity, and establishing, modifying, and
5 enforcing child support obligations, pursuant to the Illinois
6 Public Aid Code and Title IV, Part D of the Social Security
7 Act. The Department shall enter into an agreement with the
8 Illinois Department of Public Aid consistent with these
9 purposes.
10 36. Upon request of the Department of Human Services, to
11 conduct an assessment and evaluation of sexually violent
12 persons as mandated by the Sexually Violent Persons
13 Commitment Act, the Department shall furnish criminal history
14 information maintained on the requested person. The request
15 shall be in the form and manner specified by the Department.
16 37. To provide training and continuing education to
17 State Police officers concerning cultural diversity,
18 including sensitivity toward racial and ethnic differences.
19 This training and continuing education shall include, but not
20 be limited to, an emphasis on the fact that the primary
21 purpose of enforcement of the Illinois Vehicle Code is safety
22 and equal and uniform enforcement under the law.
23 (B) The Department of State Police may establish and
24 maintain, within the Department of State Police, a Statewide
25 Organized Criminal Gang Database (SWORD) for the purpose of
26 tracking organized criminal gangs and their memberships.
27 Information in the database may include, but not be limited
28 to, the name, last known address, birth date, physical
29 descriptions (such as scars, marks, or tattoos), officer
30 safety information, organized gang affiliation, and entering
31 agency identifier. The Department may develop, in
32 consultation with the Criminal Justice Information Authority,
33 and in a form and manner prescribed by the Department, an
34 automated data exchange system to compile, to maintain, and
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1 to make this information electronically available to
2 prosecutors and to other law enforcement agencies. The
3 information may be used by authorized agencies to combat the
4 operations of organized criminal gangs statewide.
5 (C) The Department of State Police may ascertain the
6 number of bilingual police officers and other personnel
7 needed to provide services in a language other than English
8 and may establish, under applicable personnel rules and
9 Department guidelines or through a collective bargaining
10 agreement, a bilingual pay supplement program.
11 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
12 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-655, eff.
13 7-30-98; 90-793, eff. 8-14-98; revised 10-6-98.)
14 (Text of Section after amendment by P.A. 90-590)
15 Sec. 55a. Powers and duties.
16 (A) The Department of State Police shall have the
17 following powers and duties, and those set forth in Sections
18 55a-1 through 55c:
19 1. To exercise the rights, powers and duties which have
20 been vested in the Department of Public Safety by the State
21 Police Act.
22 2. To exercise the rights, powers and duties which have
23 been vested in the Department of Public Safety by the State
24 Police Radio Act.
25 3. To exercise the rights, powers and duties which have
26 been vested in the Department of Public Safety by the
27 Criminal Identification Act.
28 4. To (a) investigate the origins, activities, personnel
29 and incidents of crime and the ways and means to redress the
30 victims of crimes, and study the impact, if any, of
31 legislation relative to the effusion of crime and growing
32 crime rates, and enforce the criminal laws of this State
33 related thereto, (b) enforce all laws regulating the
34 production, sale, prescribing, manufacturing, administering,
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1 transporting, having in possession, dispensing, delivering,
2 distributing, or use of controlled substances and cannabis,
3 (c) employ skilled experts, scientists, technicians,
4 investigators or otherwise specially qualified persons to aid
5 in preventing or detecting crime, apprehending criminals, or
6 preparing and presenting evidence of violations of the
7 criminal laws of the State, (d) cooperate with the police of
8 cities, villages and incorporated towns, and with the police
9 officers of any county, in enforcing the laws of the State
10 and in making arrests and recovering property, (e) apprehend
11 and deliver up any person charged in this State or any other
12 State of the United States with treason, felony, or other
13 crime, who has fled from justice and is found in this State,
14 and (f) conduct such other investigations as may be provided
15 by law. Persons exercising these powers within the Department
16 are conservators of the peace and as such have all the powers
17 possessed by policemen in cities and sheriffs, except that
18 they may exercise such powers anywhere in the State in
19 cooperation with and after contact with the local law
20 enforcement officials. Such persons may use false or
21 fictitious names in the performance of their duties under
22 this paragraph, upon approval of the Director, and shall not
23 be subject to prosecution under the criminal laws for such
24 use.
25 5. To: (a) be a central repository and custodian of
26 criminal statistics for the State, (b) be a central
27 repository for criminal history record information, (c)
28 procure and file for record such information as is necessary
29 and helpful to plan programs of crime prevention, law
30 enforcement and criminal justice, (d) procure and file for
31 record such copies of fingerprints, as may be required by
32 law, (e) establish general and field crime laboratories, (f)
33 register and file for record such information as may be
34 required by law for the issuance of firearm owner's
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1 identification cards, (g) employ polygraph operators,
2 laboratory technicians and other specially qualified persons
3 to aid in the identification of criminal activity, and (h)
4 undertake such other identification, information, laboratory,
5 statistical or registration activities as may be required by
6 law.
7 6. To (a) acquire and operate one or more radio
8 broadcasting stations in the State to be used for police
9 purposes, (b) operate a statewide communications network to
10 gather and disseminate information for law enforcement
11 agencies, (c) operate an electronic data processing and
12 computer center for the storage and retrieval of data
13 pertaining to criminal activity, and (d) undertake such other
14 communication activities as may be required by law.
15 7. To provide, as may be required by law, assistance to
16 local law enforcement agencies through (a) training,
17 management and consultant services for local law enforcement
18 agencies, and (b) the pursuit of research and the publication
19 of studies pertaining to local law enforcement activities.
20 8. To exercise the rights, powers and duties which have
21 been vested in the Department of State Police and the
22 Director of the Department of State Police by the Narcotic
23 Control Division Abolition Act.
24 9. To exercise the rights, powers and duties which have
25 been vested in the Department of Public Safety by the
26 Illinois Vehicle Code.
27 10. To exercise the rights, powers and duties which have
28 been vested in the Department of Public Safety by the Firearm
29 Owners Identification Card Act.
30 11. To enforce and administer such other laws in
31 relation to law enforcement as may be vested in the
32 Department.
33 12. To transfer jurisdiction of any realty title to
34 which is held by the State of Illinois under the control of
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1 the Department to any other department of the State
2 government or to the State Employees Housing Commission, or
3 to acquire or accept Federal land, when such transfer,
4 acquisition or acceptance is advantageous to the State and is
5 approved in writing by the Governor.
6 13. With the written approval of the Governor, to enter
7 into agreements with other departments created by this Act,
8 for the furlough of inmates of the penitentiary to such other
9 departments for their use in research programs being
10 conducted by them.
11 For the purpose of participating in such research
12 projects, the Department may extend the limits of any
13 inmate's place of confinement, when there is reasonable cause
14 to believe that the inmate will honor his or her trust by
15 authorizing the inmate, under prescribed conditions, to leave
16 the confines of the place unaccompanied by a custodial agent
17 of the Department. The Department shall make rules governing
18 the transfer of the inmate to the requesting other department
19 having the approved research project, and the return of such
20 inmate to the unextended confines of the penitentiary. Such
21 transfer shall be made only with the consent of the inmate.
22 The willful failure of a prisoner to remain within the
23 extended limits of his or her confinement or to return within
24 the time or manner prescribed to the place of confinement
25 designated by the Department in granting such extension shall
26 be deemed an escape from custody of the Department and
27 punishable as provided in Section 3-6-4 of the Unified Code
28 of Corrections.
29 14. To provide investigative services, with all of the
30 powers possessed by policemen in cities and sheriffs, in and
31 around all race tracks subject to the Horse Racing Act of
32 1975.
33 15. To expend such sums as the Director deems necessary
34 from Contractual Services appropriations for the Division of
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1 Criminal Investigation for the purchase of evidence and for
2 the employment of persons to obtain evidence. Such sums shall
3 be advanced to agents authorized by the Director to expend
4 funds, on vouchers signed by the Director.
5 16. To assist victims and witnesses in gang crime
6 prosecutions through the administration of funds appropriated
7 from the Gang Violence Victims and Witnesses Fund to the
8 Department. Such funds shall be appropriated to the
9 Department and shall only be used to assist victims and
10 witnesses in gang crime prosecutions and such assistance may
11 include any of the following:
12 (a) temporary living costs;
13 (b) moving expenses;
14 (c) closing costs on the sale of private residence;
15 (d) first month's rent;
16 (e) security deposits;
17 (f) apartment location assistance;
18 (g) other expenses which the Department considers
19 appropriate; and
20 (h) compensation for any loss of or injury to real
21 or personal property resulting from a gang crime to a
22 maximum of $5,000, subject to the following provisions:
23 (1) in the case of loss of property, the
24 amount of compensation shall be measured by the
25 replacement cost of similar or like property which
26 has been incurred by and which is substantiated by
27 the property owner,
28 (2) in the case of injury to property, the
29 amount of compensation shall be measured by the cost
30 of repair incurred and which can be substantiated by
31 the property owner,
32 (3) compensation under this provision is a
33 secondary source of compensation and shall be
34 reduced by any amount the property owner receives
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1 from any other source as compensation for the loss
2 or injury, including, but not limited to, personal
3 insurance coverage,
4 (4) no compensation may be awarded if the
5 property owner was an offender or an accomplice of
6 the offender, or if the award would unjustly benefit
7 the offender or offenders, or an accomplice of the
8 offender or offenders.
9 No victim or witness may receive such assistance if he or
10 she is not a part of or fails to fully cooperate in the
11 prosecution of gang crime members by law enforcement
12 authorities.
13 The Department shall promulgate any rules necessary for
14 the implementation of this amendatory Act of 1985.
15 17. To conduct arson investigations.
16 18. To develop a separate statewide statistical police
17 contact record keeping system for the study of juvenile
18 delinquency. The records of this police contact system shall
19 be limited to statistical information. No individually
20 identifiable information shall be maintained in the police
21 contact statistical record system.
22 19. To develop a separate statewide central juvenile
23 records system for persons arrested prior to the age of 17
24 under Section 5-401 of the Juvenile Court Act of 1987 or
25 adjudicated delinquent minors and to make information
26 available to local law enforcement officers so that law
27 enforcement officers will be able to obtain rapid access to
28 the background of the minor from other jurisdictions to the
29 end that the juvenile police officers can make appropriate
30 decisions which will best serve the interest of the child and
31 the community. The Department shall submit a quarterly
32 report to the General Assembly and Governor which shall
33 contain the number of juvenile records that the Department
34 has received in that quarter and, a list, by category, of
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1 offenses that minors were arrested for or convicted of by
2 age, race and gender.
3 20. To develop rules which guarantee the confidentiality
4 of such individually identifiable juvenile records except to
5 juvenile authorities who request information concerning the
6 minor and who certify in writing that the information will
7 not be disclosed to any other party except as provided under
8 law or order of court. For purposes of this Section,
9 "juvenile authorities" means: (i) a judge of the circuit
10 court and members of the staff of the court designated by the
11 judge; (ii) parties to the proceedings under the Juvenile
12 Court Act of 1987 and their attorneys; (iii) probation
13 officers and court appointed advocates for the juvenile
14 authorized by the judge hearing the case; (iv) any individual
15 or, public or of private agency having custody of the child
16 pursuant to court order; (v) any individual or, public or
17 private agency providing education, medical or mental health
18 service to the child when the requested information is needed
19 to determine the appropriate service or treatment for the
20 minor; (vi) any potential placement provider when such
21 release is authorized by the court for the limited purpose of
22 determining the appropriateness of the potential placement;
23 (vii) law enforcement officers and prosecutors; (viii) adult
24 and juvenile prisoner review boards; (ix) authorized military
25 personnel; (x) individuals authorized by court; (xi) the
26 Illinois General Assembly or any committee or commission
27 thereof.
28 21. To develop administrative rules and administrative
29 hearing procedures which allow a minor, his or her attorney,
30 and his or her parents or guardian access to individually
31 identifiable juvenile records for the purpose of determining
32 or challenging the accuracy of the records. Final
33 administrative decisions shall be subject to the provisions
34 of the Administrative Review Law.
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1 22. To charge, collect, and receive fees or moneys
2 equivalent to the cost of providing Department of State
3 Police personnel, equipment, and services to local
4 governmental agencies when explicitly requested by a local
5 governmental agency and pursuant to an intergovernmental
6 agreement as provided by this Section, other State agencies,
7 and federal agencies, including but not limited to fees or
8 moneys equivalent to the cost of providing dispatching
9 services, radio and radar repair, and training to local
10 governmental agencies on such terms and conditions as in the
11 judgment of the Director are in the best interest of the
12 State; and to establish, charge, collect and receive fees or
13 moneys based on the cost of providing responses to requests
14 for criminal history record information pursuant to positive
15 identification and any Illinois or federal law authorizing
16 access to some aspect of such information and to prescribe
17 the form and manner for requesting and furnishing such
18 information to the requestor on such terms and conditions as
19 in the judgment of the Director are in the best interest of
20 the State, provided fees for requesting and furnishing
21 criminal history record information may be waived for
22 requests in the due administration of the criminal laws. The
23 Department may also charge, collect and receive fees or
24 moneys equivalent to the cost of providing electronic data
25 processing lines or related telecommunication services to
26 local governments, but only when such services can be
27 provided by the Department at a cost less than that
28 experienced by said local governments through other means.
29 All services provided by the Department shall be conducted
30 pursuant to contracts in accordance with the
31 Intergovernmental Cooperation Act, and all telecommunication
32 services shall be provided pursuant to the provisions of
33 Section 67.18 of this Code.
34 All fees received by the Department of State Police under
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1 this Act or the Illinois Uniform Conviction Information Act
2 shall be deposited in a special fund in the State Treasury to
3 be known as the State Police Services Fund. The money
4 deposited in the State Police Services Fund shall be
5 appropriated to the Department of State Police for expenses
6 of the Department of State Police.
7 Upon the completion of any audit of the Department of
8 State Police as prescribed by the Illinois State Auditing
9 Act, which audit includes an audit of the State Police
10 Services Fund, the Department of State Police shall make the
11 audit open to inspection by any interested person.
12 23. To exercise the powers and perform the duties which
13 have been vested in the Department of State Police by the
14 Intergovernmental Missing Child Recovery Act of 1984, and to
15 establish reasonable rules and regulations necessitated
16 thereby.
17 24. (a) To establish and maintain a statewide Law
18 Enforcement Agencies Data System (LEADS) for the purpose of
19 providing electronic access by authorized entities to
20 criminal justice data repositories and effecting an immediate
21 law enforcement response to reports of missing persons,
22 including lost, missing or runaway minors. The Department
23 shall implement an automatic data exchange system to compile,
24 to maintain and to make available to other law enforcement
25 agencies for immediate dissemination data which can assist
26 appropriate agencies in recovering missing persons and
27 provide access by authorized entities to various data
28 repositories available through LEADS for criminal justice and
29 related purposes. To assist the Department in this effort,
30 funds may be appropriated from the LEADS Maintenance 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 Law Enforcement
12 Training Standards Board shall develop and certify a course
13 of such training to be made available to local law
14 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 Statewide Central Juvenile
8 record system as defined in subdivision (A)19 of this Section
9 if the Department of Children and Family Services determines
10 the information is necessary to perform its duties under the
11 Abused and Neglected Child Reporting Act, the Child Care Act
12 of 1969, and the Children and Family Services Act. The
13 request shall be in the form and manner specified by the
14 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 exchanging information, in the form and manner required by
18 the Department of State Police, obtaining access to various
19 data repositories available through LEADS, to facilitate the
20 location of individuals for establishing paternity, and
21 establishing, modifying, and enforcing child support
22 obligations, pursuant to the Illinois Public Aid Code and
23 Title IV, Part Section D of the Social Security Act. The
24 Department shall enter into an agreement with the Illinois
25 Department of Public Aid consistent with these purposes.
26 36. Upon request of the Department of Human Services, to
27 conduct an assessment and evaluation of sexually violent
28 persons as mandated by the Sexually Violent Persons
29 Commitment Act, the Department shall furnish criminal history
30 information maintained on the requested person. The request
31 shall be in the form and manner specified by the Department.
32 37. To provide training and continuing education to
33 State Police officers concerning cultural diversity,
34 including sensitivity toward racial and ethnic differences.
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1 This training and continuing education shall include, but not
2 be limited to, an emphasis on the fact that the primary
3 purpose of enforcement of the Illinois Vehicle Code is safety
4 and equal and uniform enforcement under the law.
5 (B) The Department of State Police may establish and
6 maintain, within the Department of State Police, a Statewide
7 Organized Criminal Gang Database (SWORD) for the purpose of
8 tracking organized criminal gangs and their memberships.
9 Information in the database may include, but not be limited
10 to, the name, last known address, birth date, physical
11 descriptions (such as scars, marks, or tattoos), officer
12 safety information, organized gang affiliation, and entering
13 agency identifier. The Department may develop, in
14 consultation with the Criminal Justice Information Authority,
15 and in a form and manner prescribed by the Department, an
16 automated data exchange system to compile, to maintain, and
17 to make this information electronically available to
18 prosecutors and to other law enforcement agencies. The
19 information may be used by authorized agencies to combat the
20 operations of organized criminal gangs statewide.
21 (C) The Department of State Police may ascertain the
22 number of bilingual police officers and other personnel
23 needed to provide services in a language other than English
24 and may establish, under applicable personnel rules and
25 Department guidelines or through a collective bargaining
26 agreement, a bilingual pay supplement program.
27 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
28 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
29 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
30 1-21-99.)
31 Section 10. The Illinois Police Training Act is amended
32 by changing Section 7 as follows:
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1 (50 ILCS 705/7) (from Ch. 85, par. 507)
2 Sec. 7. Rules and standards for schools. The Board shall
3 adopt rules and minimum standards for such schools which
4 shall include but not be limited to the following:
5 a. The curriculum for probationary police officers which
6 shall be offered by all certified schools shall include but
7 not be limited to courses of arrest, search and seizure,
8 civil rights, human relations, cultural diversity, including
9 racial and ethnic sensitivity, criminal law, law of criminal
10 procedure, vehicle and traffic law including uniform and
11 non-discriminatory enforcement of the Illinois Vehicle Code,
12 traffic control and accident investigation, techniques of
13 obtaining physical evidence, court testimonies, statements,
14 reports, firearms training, first-aid (including
15 cardiopulmonary resuscitation), handling of juvenile
16 offenders, recognition of mental conditions which require
17 immediate assistance and methods to safeguard and provide
18 assistance to a person in need of mental treatment, law of
19 evidence, the hazards of high-speed police vehicle chases
20 with an emphasis on alternatives to the high-speed chase, and
21 physical training. The curriculum shall include specific
22 training in techniques for immediate response to and
23 investigation of cases of domestic violence and of sexual
24 assault of adults and children. The curriculum for permanent
25 police officers shall include but not be limited to (1)
26 refresher and in-service training in any of the courses
27 listed above in this subparagraph, (2) advanced courses in
28 any of the subjects listed above in this subparagraph, (3)
29 training for supervisory personnel, and (4) specialized
30 training in subjects and fields to be selected by the board.
31 b. Minimum courses of study, attendance requirements and
32 equipment requirements.
33 c. Minimum requirements for instructors.
34 d. Minimum basic training requirements, which a
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1 probationary police officer must satisfactorily complete
2 before being eligible for permanent employment as a local law
3 enforcement officer for a participating local governmental
4 agency. Those requirements shall include training in first
5 aid (including cardiopulmonary resuscitation).
6 e. Minimum basic training requirements, which a
7 probationary county corrections officer must satisfactorily
8 complete before being eligible for permanent employment as a
9 county corrections officer for a participating local
10 governmental agency.
11 f. Minimum basic training requirements which a
12 probationary court security officer must satisfactorily
13 complete before being eligible for permanent employment as a
14 court security officer for a participating local governmental
15 agency. The Board shall establish those training
16 requirements which it considers appropriate for court
17 security officers and shall certify schools to conduct that
18 training.
19 A person hired to serve as a court security officer must
20 obtain from the Board a certificate (i) attesting to his or
21 her successful completion of the training course; (ii)
22 attesting to his or her satisfactory completion of a training
23 program of similar content and number of hours that has been
24 found acceptable by the Board under the provisions of this
25 Act; or (iii) attesting to the Board's determination that the
26 training course is unnecessary because of the person's
27 extensive prior law enforcement experience.
28 Individuals who currently serve as court security
29 officers shall be deemed qualified to continue to serve in
30 that capacity so long as they are certified as provided by
31 this Act within 24 months of the effective date of this
32 amendatory Act of 1996. Failure to be so certified, absent a
33 waiver from the Board, shall cause the officer to forfeit his
34 or her position.
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1 All individuals hired as court security officers on or
2 after the effective date of this amendatory Act of 1996 shall
3 be certified within 12 months of the date of their hire,
4 unless a waiver has been obtained by the Board, or they shall
5 forfeit their positions.
6 The Sheriff's Merit Commission, if one exists, or the
7 Sheriff's Office if there is no Sheriff's Merit Commission,
8 shall maintain a list of all individuals who have filed
9 applications to become court security officers and who meet
10 the eligibility requirements established under this Act.
11 Either the Sheriff's Merit Commission, or the Sheriff's
12 Office if no Sheriff's Merit Commission exists, shall
13 establish a schedule of reasonable intervals for verification
14 of the applicants' qualifications under this Act and as
15 established by the Board.
16 (Source: P.A. 88-661, eff. 1-1-95; 89-685, eff. 6-1-97;
17 89-707, eff. 6-1-97.)
18 Section 15. The Illinois Vehicle Code is amended by
19 changing Section 12-603.1 as follows:
20 (625 ILCS 5/12-603.1) (from Ch. 95 1/2, par. 12-603.1)
21 Sec. 12-603.1. Driver and passenger required to use
22 safety belts, exceptions and penalty.
23 (a) Each driver and front seat passenger of a motor
24 vehicle operated on a street or highway in this State shall
25 wear a properly adjusted and fastened seat safety belt;
26 except that, a child less than 6 years of age shall be
27 protected as required pursuant to the Child Passenger
28 Protection Act. Each driver under the age of 18 years and
29 each of the driver's passengers under the age of 18 years of
30 a motor vehicle operated on a street or highway in this State
31 shall wear a properly adjusted and fastened seat safety belt.
32 Each driver of a motor vehicle transporting a child 6 years
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1 of age or more, but less than 16 years of age, in the front
2 seat of the motor vehicle shall secure the child in a
3 properly adjusted and fastened seat safety belt.
4 (b) Paragraph (a) shall not apply to any of the
5 following:
6 1. A driver or passenger frequently stopping and
7 leaving the vehicle or delivering property from the
8 vehicle, if the speed of the vehicle between stops does
9 not exceed 15 miles per hour.
10 2. A driver or passenger possessing a written
11 statement from a physician that such person is unable,
12 for medical or physical reasons, to wear a seat safety
13 belt.
14 3. A driver or passenger possessing an official
15 certificate or license endorsement issued by the
16 appropriate agency in another state or country indicating
17 that the driver is unable for medical, physical, or other
18 valid reasons to wear a seat safety belt.
19 4. A driver operating a motor vehicle in reverse.
20 5. A motor vehicle with a model year prior to 1965.
21 6. A motorcycle or motor driven cycle.
22 7. A motorized pedalcycle.
23 8. A motor vehicle which is not required to be
24 equipped with seat safety belts under federal law.
25 9. A motor vehicle operated by a rural letter
26 carrier of the United States postal service while
27 performing duties as a rural letter carrier.
28 (c) Failure to wear a seat safety belt in violation of
29 this Section shall not be considered evidence of negligence,
30 shall not limit the liability of an insurer, and shall not
31 diminish any recovery for damages arising out of the
32 ownership, maintenance, or operation of a motor vehicle.
33 (d) Before January 1, 2000, any person who is stopped by
34 any law enforcement officer solely on the basis of a
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1 violation of this Section shall receive only a verbal or
2 written warning from the law enforcement officer informing
3 the person that he or she has violated this Section.
4 A violation of this Section shall be a petty offense and
5 subject to a fine not to exceed $25.
6 From January 1, 2000 until 4 years after the effective
7 date of this amendatory Act of the 91st General Assembly,
8 whenever a State or local law enforcement officer issues a
9 uniform traffic citation or warning citation he or she shall
10 record on the face of the citation whether the violator is:
11 (1) Caucasian;
12 (2) African-American;
13 (3) Hispanic; or
14 (4) any other race or ethnicity.
15 After January 1, 2000, all citations produced for use by
16 State or local law enforcement officers shall contain on
17 their face a list of these racial and ethnic groups.
18 (e) Beginning 4 years after the effective date of this
19 amendatory Act of the 91st General Assembly, no motor
20 vehicle, or driver or passenger of such vehicle, shall be
21 stopped or searched by any law enforcement officer solely on
22 the basis of a violation or suspected violation of this
23 Section.
24 (f) To ensure uniform enforcement of this Code, the
25 Secretary of State shall conduct a study to determine whether
26 there is a pattern of discrimination in the enforcement of
27 this Code by the Department of State Police or by law
28 enforcement officers for a municipality with a population of
29 greater than 2,000,000. The Secretary of State shall compile
30 the information on race or ethnicity from all uniform traffic
31 citations and warning citations issued by the Department of
32 State Police and by law enforcement officers for a
33 municipality with a population of greater than 2,000,000. The
34 Secretary of State shall submit an annual report of his or
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1 her findings to the Governor and the General Assembly by May
2 1 of the years 2001, 2002, 2003, and 2004.
3 (Source: P.A. 90-369, eff. 1-1-98.)
4 Section 20. The Code of Criminal Procedure of 1963 is
5 amended by changing Section 108-1 as follows:
6 (725 ILCS 5/108-1) (from Ch. 38, par. 108-1)
7 Sec. 108-1. Search without warrant. (1) When a lawful
8 arrest is effected a peace officer may reasonably search the
9 person arrested and the area within such person's immediate
10 presence for the purpose of:
11 (a) Protecting the officer from attack; or
12 (b) Preventing the person from escaping; or
13 (c) Discovering the fruits of the crime; or
14 (d) Discovering any instruments, articles, or things
15 which may have been used in the commission of, or which may
16 constitute evidence of, an offense.
17 (2) Beginning 4 years after the effective date of this
18 amendatory Act of the 91st General Assembly, no motor
19 vehicle, or driver or passenger of such vehicle, shall be
20 stopped or searched by any law enforcement officer solely on
21 the basis of a violation or suspected violation of Section
22 12-603.1 of The Illinois Vehicle Code.
23 (Source: P.A. 85-291.)
24 Section 95. No acceleration or delay. Where this Act
25 makes changes in a statute that is represented in this Act by
26 text that is not yet or no longer in effect (for example, a
27 Section represented by multiple versions), the use of that
28 text does not accelerate or delay the taking effect of (i)
29 the changes made by this Act or (ii) provisions derived from
30 any other Public Act.
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.
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