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91_HB1383ren
HB1383 Re-Enrolled LRB9103127MWgc
1 AN ACT concerning wireless 9-1-1 service.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Wireless Emergency Telephone Safety Act.
6 Section 5. Purpose. The General Assembly finds and
7 declares it is in the public interest to promote the use of
8 wireless 9-1-1 and wireless enhanced 9-1-1 (E9-1-1) service
9 in order to save lives and protect the property of the
10 citizens of the State of Illinois.
11 Wireless carriers are required by the Federal
12 Communications Commission (FCC) to provide E9-1-1 service in
13 the form of automatic location identification and automatic
14 number identification pursuant to policies set forth by the
15 FCC.
16 Public safety agencies and wireless carriers are
17 encouraged to work together to provide emergency access to
18 wireless 9-1-1 and wireless E9-1-1 service. Public safety
19 agencies and wireless carriers operating wireless 9-1-1 and
20 wireless E9-1-1 systems require adequate funding to recover
21 the costs of designing, purchasing, installing, testing, and
22 operating enhanced facilities, systems, and services
23 necessary to comply with the wireless E9-1-1 requirements
24 mandated by the Federal Communications Commission and to
25 maximize the availability of wireless E9-1-1 services
26 throughout the State of Illinois.
27 The revenues generated by the wireless carrier surcharge
28 enacted by this Act are required to fund the efforts of the
29 wireless carriers, emergency telephone system boards,
30 qualified governmental entities, and the Department of State
31 Police to improve the public health, safety, and welfare and
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1 to serve a public purpose by providing emergency telephone
2 assistance through wireless communications.
3 It is the intent of the General Assembly to:
4 (1) establish and implement a cohesive statewide
5 emergency telephone number that will provide wireless
6 telephone users with rapid direct access to public safety
7 agencies by dialing the telephone number 9-1-1;
8 (2) encourage wireless carriers and public safety
9 agencies to provide E9-1-1 services that will assist
10 public safety agencies in determining the caller's
11 approximate location and wireless telephone number;
12 (3) grant authority to public safety agencies not
13 already in possession of the authority to finance the
14 cost of installing and operating wireless 9-1-1 systems
15 and reimbursing wireless carriers for costs incurred to
16 provide wireless E9-1-1 services; and
17 (4) provide for a reasonable fee on wireless
18 telephone service subscribers to accomplish these
19 purposes.
20 Section 10. Definitions. In this Act:
21 "Emergency telephone system board" means a board
22 appointed by the corporate authorities of any county or
23 municipality that provides for the management and operation
24 of a 9-1-1 system within the scope of the duties and powers
25 prescribed by the Emergency Telephone System Act.
26 "Master street address guide" means the computerized
27 geographical database that consists of all street and address
28 data within a 9-1-1 system.
29 "Public safety agency" means a functional division of a
30 public agency that provides fire fighting, police, medical,
31 or other emergency services. For the purpose of providing
32 wireless service to users of 9-1-1 emergency services, as
33 expressly provided for in this Act, the Department of State
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1 Police may be considered a public safety agency.
2 "Qualified governmental entity" means a unit of local
3 government authorized to provide 9-1-1 services pursuant to
4 the Emergency Telephone System Act where no emergency
5 telephone system board exists.
6 "Statewide wireless emergency 9-1-1 system" means all
7 areas of the State where an emergency telephone system board
8 or, in the absence of an emergency telephone system board, a
9 qualified governmental entity has not declared its intention
10 for one or more of its public safety answering points to
11 serve as a primary wireless 9-1-1 public safety answering
12 point for its jurisdiction. The operator of the statewide
13 wireless emergency 9-1-1 system shall be the Department of
14 State Police.
15 "Wireless carrier" means a provider of two-way cellular,
16 broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial
17 Mobile Radio Service (CMRS), Wireless Communications Service
18 (WCS), or other Commercial Mobile Radio Service (CMRS), as
19 defined by the Federal Communications Commission, offering
20 radio communications that may provide fixed, mobile, radio
21 location, or satellite communication services to individuals
22 or businesses within its assigned spectrum block and
23 geographical area or that offers real-time, two-way voice
24 service that is interconnected with the public switched
25 network, including a reseller of such service.
26 "Wireless enhanced 9-1-1" means the ability to relay the
27 telephone number of the originator of a 9-1-1 call and the
28 location of the cell site or base station receiving a 9-1-1
29 call from any mobile handset or text telephone device
30 accessing the wireless system to the designated wireless
31 public safety answering point through the use of automatic
32 number identification and pseudo-automatic number
33 identification.
34 "Wireless public safety answering point" means the
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1 functional division of an emergency telephone system board,
2 qualified governmental entity, or the Department of State
3 Police accepting wireless 9-1-1 calls.
4 "Wireless subscriber" means an individual or entity to
5 whom a wireless service account or number has been assigned
6 by a wireless carrier.
7 Section 15. Wireless emergency 9-1-1 service. The
8 digits "9-1-1" shall be the designated emergency telephone
9 number within the wireless system.
10 (a) Standards. The Illinois Commerce Commission may set
11 non-discriminatory, uniform technical and operational
12 standards consistent with the rules of the Federal
13 Communications Commission for directing calls to authorized
14 public safety answering points. These standards shall not in
15 any way prescribe the technology or manner a wireless carrier
16 shall use to deliver wireless 9-1-1 or wireless E9-1-1 calls
17 and these standards shall not exceed the requirements set by
18 the Federal Communications Commission. However, standards
19 for directing calls to the authorized public safety answering
20 point shall be included. The authority given to the Illinois
21 Commerce Commission in this Section is limited to setting
22 standards as set forth herein and does not constitute
23 authority to regulate wireless carriers.
24 (b) Wireless public safety answering points. For the
25 purpose of providing wireless 9-1-1 emergency services, an
26 emergency telephone system board or, in the absence of an
27 emergency telephone system board, a qualified governmental
28 entity may declare its intention for one or more of its
29 public safety answering points to serve as a primary wireless
30 9-1-1 public safety answering point for its jurisdiction by
31 notifying the Chief Clerk of the Illinois Commerce Commission
32 and the Director of State Police in writing within 6 months
33 after the effective date of this Act or within 6 months after
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1 receiving its authority to operate a 9-1-1 system under the
2 Emergency Telephone System Act, whichever is later. In
3 addition, 2 or more emergency telephone system boards or
4 qualified units of local government may, by virtue of an
5 intergovernmental agreement, provide wireless 9-1-1 service.
6 The Department of State Police shall be the primary wireless
7 9-1-1 public safety answering point for any jurisdiction not
8 providing notice to the Commission and the Department of
9 State Police. Nothing in this Act shall require the
10 provision of wireless enhanced 9-1-1 services.
11 The Illinois Commerce Commission, upon a joint request
12 from the Department of State Police and a qualified
13 governmental entity or an emergency telephone system board,
14 may grant authority to the emergency telephone system board
15 or a qualified governmental entity to provide wireless 9-1-1
16 service in areas for which the Department of State Police has
17 accepted wireless 9-1-1 responsibility. The Illinois
18 Commerce Commission shall maintain a current list of all
19 9-1-1 systems and qualified governmental entities providing
20 wireless 9-1-1 service under this Act.
21 Any emergency telephone system board or qualified
22 governmental entity providing wireless 9-1-1 service prior to
23 the effective date of this Act may continue to operate upon
24 notification as previously described in this Section. An
25 emergency telephone system board or a qualified governmental
26 entity shall submit, with its notification, the date upon
27 which it commenced operating.
28 (c) Wireless Enhanced 9-1-1 Board. The Wireless
29 Enhanced 9-1-1 Board is created. The Board consists of 7
30 members appointed by the Governor with the advice and consent
31 of the Senate. It is recommended that the Governor appoint
32 members from the following: the Illinois Chapter of the
33 National Emergency Numbers Association, the Illinois State
34 Police, law enforcement agencies, the wireless
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1 telecommunications industry, an emergency telephone system
2 board in Cook County (outside the City of Chicago), an
3 emergency telephone system board in the Metro-east area, and
4 an emergency telephone system board in the collar counties
5 (Lake, McHenry, DuPage, Kane, and Will counties). Members of
6 the Board may not receive any compensation but may, however,
7 be reimbursed for any necessary expenditure in connection
8 with their duties.
9 Except as provided in Section 45, the Wireless Enhanced
10 9-1-1 Board shall set the amount of the monthly wireless
11 surcharge required to be imposed under Section 17 on all
12 wireless subscribers in this State. Prior to the Wireless
13 Enhanced 9-1-1 Board setting any surcharge, the Board shall
14 publish the proposed surcharge in the Illinois Register, hold
15 hearings on the surcharge and the requirements for an
16 efficient wireless emergency number system, and elicit public
17 comment. The Board shall determine the minimum cost
18 necessary for implementation of this system and the amount of
19 revenue produced based upon the number of wireless telephones
20 in use. The Board shall set the surcharge at the minimum
21 amount necessary to achieve the goals of the Act and shall,
22 by July 1, 2000, file this information with the Governor, the
23 Clerk of the House, and the Secretary of the Senate. The
24 surcharge may not be more than $0.75 per month per CMRS
25 connection.
26 The Wireless Enhanced 9-1-1 Board shall report to the
27 General Assembly by July 1, 2000 on implementing wireless
28 non-emergency services for the purpose of public safety using
29 the digits 3-1-1. The Board shall consider the delivery of
30 3-1-1 services in a 6 county area, including rural Cook
31 County (outside of the City of Chicago), and DuPage, Lake,
32 McHenry, Will, and Kane Counties, as well as counties outside
33 of this area by an emergency telephone system board, a
34 qualified governmental entity, or private industry. The
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1 Board, upon completion of all its duties required under this
2 Act, is dissolved.
3 Section 17. Wireless carrier surcharge.
4 (a) Except as provided in Section 45, each wireless
5 carrier shall impose a monthly wireless carrier surcharge per
6 CMRS connection that either has a telephone number within an
7 area code assigned to Illinois by the North American
8 Numbering Plan Administrator or has a billing address in this
9 State. No wireless carrier shall impose the surcharge
10 authorized by this Section upon any subscriber who is subject
11 to the surcharge imposed by a unit of local government
12 pursuant to Section 45. The wireless carrier that provides
13 wireless service to the subscriber shall collect the
14 surcharge set by the Wireless Enhanced 9-1-1 Board from the
15 subscriber. The surcharge shall be stated as a separate item
16 on the subscriber's monthly bill. The wireless carrier shall
17 begin collecting the surcharge on bills issued within 90 days
18 after the Wireless Enhanced 9-1-1 Board sets the monthly
19 wireless surcharge. State and local taxes shall not apply to
20 the wireless carrier surcharge.
21 (b) Except as provided in Section 45, a wireless carrier
22 shall, within 45 days of collection, remit, either by check
23 or by electronic funds transfer, to the State Treasurer the
24 amount of the wireless carrier surcharge collected from each
25 subscriber. Of the amounts remitted under this subsection,
26 the State Treasurer shall deposit one-third into the Wireless
27 Carrier Reimbursement Fund and two-thirds into the Wireless
28 Service Emergency Fund.
29 (c) The first such remittance by wireless carriers shall
30 include the number of customers by zip code, and the 9-digit
31 zip code if currently being used or later implemented by the
32 carrier, that shall be the means by which the Department of
33 Central Management Services shall determine distributions
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1 from the Wireless Service Emergency Fund. This information
2 shall be updated no less often than every year. Wireless
3 carriers are not required to remit surcharge moneys that are
4 billed to subscribers but not yet collected.
5 Section 20. Wireless Service Emergency Fund; uses. The
6 Wireless Service Emergency Fund is created as a special fund
7 in the State treasury. Subject to appropriation, moneys in
8 the Wireless Service Emergency Fund may only be used for
9 grants for emergency telephone system boards, qualified
10 government entities, or the Department of State Police.
11 These grants may be used only for the design, implementation,
12 operation, maintenance, or upgrade of wireless 9-1-1 or
13 E9-1-1 emergency services and public safety answering points,
14 and for no other purposes.
15 The moneys received by the Department of State Police
16 from the Wireless Service Emergency Fund, in any year, may be
17 used for any costs relating to the leasing, modification, or
18 maintenance of any building or facility used to house
19 personnel or equipment associated with the operation of
20 wireless 9-1-1 or wireless E9-1-1 emergency services, to
21 ensure service in those areas where service is not otherwise
22 provided.
23 Moneys from the Wireless Service Emergency Fund may not
24 be used to pay for or recover any costs associated with
25 public safety agency equipment or personnel dispatched in
26 response to wireless 9-1-1 or wireless E9-1-1 emergency
27 calls.
28 Section 25. Wireless Service Emergency Fund;
29 distribution of moneys. Within 60 days after the effective
30 date of this Act, wireless carriers shall submit to the
31 Department of Central Management Services the number of
32 wireless subscribers by zip code and the 9-digit zip code of
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1 the wireless subscribers, if currently being used or later
2 implemented by the carrier.
3 The Department of Central Management Services shall,
4 subject to appropriation, make monthly proportional grants to
5 the appropriate emergency telephone system board or qualified
6 governmental entity based upon the United States Postal Zip
7 Code of the wireless subscriber's billing address. No
8 matching funds shall be required from grant recipients.
9 If the Department of Central Management Services is
10 notified of an area of overlapping jurisdiction, grants for
11 that area shall be made based upon reference to an official
12 Master Street Address Guide to the emergency telephone system
13 board or qualified governmental entity whose public service
14 answering points provide wireless 9-1-1 service in that area.
15 The emergency telephone system board or qualified
16 governmental entity shall provide the Department of Central
17 Management Services with a valid copy of the appropriate
18 Master Street Address Guide. The Department of Central
19 Management Services does not have a duty to verify
20 jurisdictional responsibility.
21 In the event of a subscriber billing address being
22 matched to an incorrect jurisdiction by the Department of
23 Central Management Services, the recipient, upon notification
24 from the Department of Central Management Services, shall
25 redirect the funds to the correct jurisdiction. The
26 Department of Central Management Services shall not be held
27 liable for any damages relating to an act or omission under
28 this Act, unless the act or omission constitutes gross
29 negligence, recklessness, or intentional misconduct.
30 In the event of a dispute between emergency telephone
31 system boards or qualified governmental entities concerning a
32 subscriber billing address, the Department of Central
33 Management Services shall resolve the dispute.
34 The Department of Central Management Services shall
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1 maintain detailed records of all receipts and disbursements
2 and shall provide an annual accounting of all receipts and
3 disbursements to the Auditor General.
4 The Department of Central Management Services shall adopt
5 rules to govern the grant process.
6 Section 30. Wireless Carrier Reimbursement Fund; uses.
7 The Wireless Carrier Reimbursement Fund is created as a
8 special fund in the State treasury. Moneys in the Wireless
9 Carrier Reimbursement Fund may be used, subject to
10 appropriation, only to reimburse wireless carriers for all of
11 their costs incurred in complying with the applicable
12 provisions of Federal Communications Commission wireless
13 enhanced 9-1-1 service mandates. This reimbursement may
14 include, but need not be limited to, the cost of designing,
15 upgrading, purchasing, leasing, programming, installing,
16 testing, and maintaining necessary data, hardware, and
17 software and associated operating and administrative costs
18 and overhead.
19 Section 35. Wireless Carrier Reimbursement Fund;
20 reimbursement. To recover costs from the Wireless Carrier
21 Reimbursement Fund, the wireless carrier shall submit sworn
22 invoices to the Department of Central Management Services.
23 In no event may any invoice for payment be approved for (i)
24 costs that are not related to compliance with the
25 requirements established by the wireless enhanced 9-1-1
26 mandates of the Federal Communications Commission, (ii) costs
27 with respect to any wireless enhanced 9-1-1 service that is
28 not operable at the time the invoice is submitted, or (iii)
29 costs of any wireless carrier exceeding 125% of the wireless
30 emergency services charges remitted to the Wireless Carrier
31 Reimbursement Fund by the wireless carrier under Section
32 17(b)unless the wireless carrier received prior approval for
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1 the expenditures from the Department of Central Management
2 Services.
3 If in any month the total amount of invoices submitted to
4 the Department of Central Management Services and approved
5 for payment exceeds the amount available in the Wireless
6 Carrier Reimbursement Fund, wireless carriers that have
7 invoices approved for payment shall receive a pro-rata share
8 of the amount available in the Wireless Carrier Reimbursement
9 Fund based on the relative amount of their approved invoices
10 available that month, and the balance of the payments shall
11 be carried into the following months, and shall include
12 appropriate interest at the statutory rate, until all of the
13 approved payments are made.
14 A wireless carrier may not receive payment from the
15 Wireless Carrier Reimbursement Fund for its costs of
16 providing wireless enhanced 9-1-1 services in an area when a
17 unit of local government or emergency telephone system board
18 provides wireless 9-1-1 services in that area and was
19 imposing and collecting a wireless carrier surcharge prior to
20 July 1, 1998.
21 The Department of Central Management Services shall
22 maintain detailed records of all receipts and disbursements
23 and shall provide an annual accounting of all receipts and
24 disbursements to the Auditor General.
25 The Department of Central Management Services shall adopt
26 rules to govern the reimbursement process.
27 Section 40. Public disclosure. Because of the highly
28 competitive nature of the wireless telephone industry, a
29 public disclosure of information about surcharge moneys paid
30 by wireless carriers could have the effect of stifling
31 competition to the detriment of the public and the delivery
32 of wireless 9-1-1 services. Therefore, the Department of
33 Central Management Services, the Department of State Police,
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1 governmental agencies, and individuals with access to that
2 information shall take appropriate steps to prevent public
3 disclosure of this information. Information and data
4 supporting the amount and distribution of surcharge moneys
5 collected and remitted by an individual wireless carrier
6 shall be deemed exempt information for purposes of the
7 Freedom of Information Act and shall not be publicly
8 disclosed. The gross amount paid by all carriers shall not
9 be deemed exempt and may be publicly disclosed.
10 Section 45. Continuation of current practices.
11 Notwithstanding any other provision of this Act, a unit of
12 local government or emergency telephone system board
13 providing wireless 9-1-1 service and imposing and collecting
14 a wireless carrier surcharge prior to July 1, 1998 may
15 continue its practices of imposing and collecting its
16 wireless carrier surcharge, but in no event shall that
17 monthly surcharge exceed $1.25 per commercial mobile radio
18 service (CMRS) connection or in-service telephone number
19 billed on a monthly basis.
20 Section 50. Limitation of liability. Notwithstanding any
21 other provision of law, in no event shall a unit of local
22 government, the Department of Central Management Services,
23 the Department of State Police, or a public safety agency,
24 public safety answering point, emergency telephone system
25 board, or wireless carrier, or its officers, employees,
26 assigns, or agents, be liable for any form of civil damages
27 or criminal liability that directly or indirectly results
28 from, or is caused by, any act or omission in the
29 development, design, installation, operation, maintenance,
30 performance, or provision of wireless 9-1-1 or wireless
31 E9-1-1 service, unless the act or omission constitutes gross
32 negligence, recklessness, or intentional misconduct.
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1 A unit of local government, the Department of Central
2 Management Services, the Department of State Police, or a
3 public safety agency, public safety answering point,
4 emergency telephone system board, or wireless carrier, or its
5 officers, employees, assigns, or agents, shall not be liable
6 for any form of civil damages or criminal liability that
7 directly or indirectly results from, or is caused by, the
8 release of subscriber information to any governmental entity
9 as required under the provisions of this Act, unless the
10 release constitutes gross negligence, recklessness, or
11 intentional misconduct.
12 Section 55. Severability. If any provision of this Act
13 or its application to any person or circumstance is held
14 invalid, the invalidity of that provision or application does
15 not affect other provisions or applications of this Act that
16 can be given effect without the invalid application or
17 provision.
18 Section 60. Home rule. A home rule unit, other than a
19 home rule municipality having a population in excess of
20 500,000 that was imposing its own surcharge on wireless
21 carriers prior to July 1, 1998, may not impose a separate
22 surcharge on wireless 9-1-1 service in addition to the
23 surcharge imposed on wireless 9-1-1 service under this Act.
24 This Section is a limitation under subsection (g) of Section
25 6 of Article VII of the Illinois Constitution on the powers
26 and functions of home rule units not exercised or performed
27 by the State.
28 Section 65. Review. This Act and any regulation
29 established by a State agency pursuant to this Act shall be
30 reviewed by the Auditor General prior to October 1, 2001.
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1 Section 70. Repealer. This Act is repealed on April 1,
2 2005.
3 Section 800. The Freedom of Information Act is amended
4 by changing Section 7 as follows:
5 (5 ILCS 140/7) (from Ch. 116, par. 207)
6 Sec. 7. Exemptions.
7 (1) The following shall be exempt from inspection and
8 copying:
9 (a) Information specifically prohibited from
10 disclosure by federal or State law or rules and
11 regulations adopted under federal or State law.
12 (b) Information that, if disclosed, would
13 constitute a clearly unwarranted invasion of personal
14 privacy, unless the disclosure is consented to in writing
15 by the individual subjects of the information. The
16 disclosure of information that bears on the public duties
17 of public employees and officials shall not be considered
18 an invasion of personal privacy. Information exempted
19 under this subsection (b) shall include but is not
20 limited to:
21 (i) files and personal information maintained
22 with respect to clients, patients, residents,
23 students or other individuals receiving social,
24 medical, educational, vocational, financial,
25 supervisory or custodial care or services directly
26 or indirectly from federal agencies or public
27 bodies;
28 (ii) personnel files and personal information
29 maintained with respect to employees, appointees or
30 elected officials of any public body or applicants
31 for those positions;
32 (iii) files and personal information
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1 maintained with respect to any applicant, registrant
2 or licensee by any public body cooperating with or
3 engaged in professional or occupational
4 registration, licensure or discipline;
5 (iv) information required of any taxpayer in
6 connection with the assessment or collection of any
7 tax unless disclosure is otherwise required by State
8 statute; and
9 (v) information revealing the identity of
10 persons who file complaints with or provide
11 information to administrative, investigative, law
12 enforcement or penal agencies; provided, however,
13 that identification of witnesses to traffic
14 accidents, traffic accident reports, and rescue
15 reports may be provided by agencies of local
16 government, except in a case for which a criminal
17 investigation is ongoing, without constituting a
18 clearly unwarranted per se invasion of personal
19 privacy under this subsection.
20 (c) Records compiled by any public body for
21 administrative enforcement proceedings and any law
22 enforcement or correctional agency for law enforcement
23 purposes or for internal matters of a public body, but
24 only to the extent that disclosure would:
25 (i) interfere with pending or actually and
26 reasonably contemplated law enforcement proceedings
27 conducted by any law enforcement or correctional
28 agency;
29 (ii) interfere with pending administrative
30 enforcement proceedings conducted by any public
31 body;
32 (iii) deprive a person of a fair trial or an
33 impartial hearing;
34 (iv) unavoidably disclose the identity of a
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1 confidential source or confidential information
2 furnished only by the confidential source;
3 (v) disclose unique or specialized
4 investigative techniques other than those generally
5 used and known or disclose internal documents of
6 correctional agencies related to detection,
7 observation or investigation of incidents of crime
8 or misconduct;
9 (vi) constitute an invasion of personal
10 privacy under subsection (b) of this Section;
11 (vii) endanger the life or physical safety of
12 law enforcement personnel or any other person; or
13 (viii) obstruct an ongoing criminal
14 investigation.
15 (d) Criminal history record information maintained
16 by State or local criminal justice agencies, except the
17 following which shall be open for public inspection and
18 copying:
19 (i) chronologically maintained arrest
20 information, such as traditional arrest logs or
21 blotters;
22 (ii) the name of a person in the custody of a
23 law enforcement agency and the charges for which
24 that person is being held;
25 (iii) court records that are public;
26 (iv) records that are otherwise available
27 under State or local law; or
28 (v) records in which the requesting party is
29 the individual identified, except as provided under
30 part (vii) of paragraph (c) of subsection (1) of
31 this Section.
32 "Criminal history record information" means data
33 identifiable to an individual and consisting of
34 descriptions or notations of arrests, detentions,
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1 indictments, informations, pre-trial proceedings, trials,
2 or other formal events in the criminal justice system or
3 descriptions or notations of criminal charges (including
4 criminal violations of local municipal ordinances) and
5 the nature of any disposition arising therefrom,
6 including sentencing, court or correctional supervision,
7 rehabilitation and release. The term does not apply to
8 statistical records and reports in which individuals are
9 not identified and from which their identities are not
10 ascertainable, or to information that is for criminal
11 investigative or intelligence purposes.
12 (e) Records that relate to or affect the security
13 of correctional institutions and detention facilities.
14 (f) Preliminary drafts, notes, recommendations,
15 memoranda and other records in which opinions are
16 expressed, or policies or actions are formulated, except
17 that a specific record or relevant portion of a record
18 shall not be exempt when the record is publicly cited and
19 identified by the head of the public body. The exemption
20 provided in this paragraph (f) extends to all those
21 records of officers and agencies of the General Assembly
22 that pertain to the preparation of legislative documents.
23 (g) Trade secrets and commercial or financial
24 information obtained from a person or business where the
25 trade secrets or information are proprietary, privileged
26 or confidential, or where disclosure of the trade secrets
27 or information may cause competitive harm, including all
28 information determined to be confidential under Section
29 4002 of the Technology Advancement and Development Act.
30 Nothing contained in this paragraph (g) shall be
31 construed to prevent a person or business from consenting
32 to disclosure.
33 (h) Proposals and bids for any contract, grant, or
34 agreement, including information which if it were
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1 disclosed would frustrate procurement or give an
2 advantage to any person proposing to enter into a
3 contractor agreement with the body, until an award or
4 final selection is made. Information prepared by or for
5 the body in preparation of a bid solicitation shall be
6 exempt until an award or final selection is made.
7 (i) Valuable formulae, designs, drawings and
8 research data obtained or produced by any public body
9 when disclosure could reasonably be expected to produce
10 private gain or public loss.
11 (j) Test questions, scoring keys and other
12 examination data used to administer an academic
13 examination or determined the qualifications of an
14 applicant for a license or employment.
15 (k) Architects' plans and engineers' technical
16 submissions for projects not constructed or developed in
17 whole or in part with public funds and for projects
18 constructed or developed with public funds, to the extent
19 that disclosure would compromise security.
20 (l) Library circulation and order records
21 identifying library users with specific materials.
22 (m) Minutes of meetings of public bodies closed to
23 the public as provided in the Open Meetings Act until the
24 public body makes the minutes available to the public
25 under Section 2.06 of the Open Meetings Act.
26 (n) Communications between a public body and an
27 attorney or auditor representing the public body that
28 would not be subject to discovery in litigation, and
29 materials prepared or compiled by or for a public body in
30 anticipation of a criminal, civil or administrative
31 proceeding upon the request of an attorney advising the
32 public body, and materials prepared or compiled with
33 respect to internal audits of public bodies.
34 (o) Information received by a primary or secondary
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1 school, college or university under its procedures for
2 the evaluation of faculty members by their academic
3 peers.
4 (p) Administrative or technical information
5 associated with automated data processing operations,
6 including but not limited to software, operating
7 protocols, computer program abstracts, file layouts,
8 source listings, object modules, load modules, user
9 guides, documentation pertaining to all logical and
10 physical design of computerized systems, employee
11 manuals, and any other information that, if disclosed,
12 would jeopardize the security of the system or its data
13 or the security of materials exempt under this Section.
14 (q) Documents or materials relating to collective
15 negotiating matters between public bodies and their
16 employees or representatives, except that any final
17 contract or agreement shall be subject to inspection and
18 copying.
19 (r) Drafts, notes, recommendations and memoranda
20 pertaining to the financing and marketing transactions of
21 the public body. The records of ownership, registration,
22 transfer, and exchange of municipal debt obligations, and
23 of persons to whom payment with respect to these
24 obligations is made.
25 (s) The records, documents and information relating
26 to real estate purchase negotiations until those
27 negotiations have been completed or otherwise terminated.
28 With regard to a parcel involved in a pending or actually
29 and reasonably contemplated eminent domain proceeding
30 under Article VII of the Code of Civil Procedure,
31 records, documents and information relating to that
32 parcel shall be exempt except as may be allowed under
33 discovery rules adopted by the Illinois Supreme Court.
34 The records, documents and information relating to a real
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1 estate sale shall be exempt until a sale is consummated.
2 (t) Any and all proprietary information and records
3 related to the operation of an intergovernmental risk
4 management association or self-insurance pool or jointly
5 self-administered health and accident cooperative or
6 pool.
7 (u) Information concerning a university's
8 adjudication of student or employee grievance or
9 disciplinary cases, to the extent that disclosure would
10 reveal the identity of the student or employee and
11 information concerning any public body's adjudication of
12 student or employee grievances or disciplinary cases,
13 except for the final outcome of the cases.
14 (v) Course materials or research materials used by
15 faculty members.
16 (w) Information related solely to the internal
17 personnel rules and practices of a public body.
18 (x) Information contained in or related to
19 examination, operating, or condition reports prepared by,
20 on behalf of, or for the use of a public body responsible
21 for the regulation or supervision of financial
22 institutions or insurance companies, unless disclosure is
23 otherwise required by State law.
24 (y) Information the disclosure of which is
25 restricted under Section 5-108 of the Public Utilities
26 Act.
27 (z) Manuals or instruction to staff that relate to
28 establishment or collection of liability for any State
29 tax or that relate to investigations by a public body to
30 determine violation of any criminal law.
31 (aa) Applications, related documents, and medical
32 records received by the Experimental Organ
33 Transplantation Procedures Board and any and all
34 documents or other records prepared by the Experimental
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1 Organ Transplantation Procedures Board or its staff
2 relating to applications it has received.
3 (bb) Insurance or self insurance (including any
4 intergovernmental risk management association or self
5 insurance pool) claims, loss or risk management
6 information, records, data, advice or communications.
7 (cc) Information and records held by the Department
8 of Public Health and its authorized representatives
9 relating to known or suspected cases of sexually
10 transmissible disease or any information the disclosure
11 of which is restricted under the Illinois Sexually
12 Transmissible Disease Control Act.
13 (dd) Information the disclosure of which is
14 exempted under Section 30 of the Radon Industry Licensing
15 Act.
16 (ee) Firm performance evaluations under Section 55
17 of the Architectural, Engineering, and Land Surveying
18 Qualifications Based Selection Act.
19 (ff) Security portions of system safety program
20 plans, investigation reports, surveys, schedules, lists,
21 data, or information compiled, collected, or prepared by
22 or for the Regional Transportation Authority under
23 Section 2.11 of the Regional Transportation Authority Act
24 or the State of Missouri under the Bi-State Transit
25 Safety Act.
26 (gg) Information the disclosure of which is
27 restricted and exempted under Section 50 of the Illinois
28 Prepaid Tuition Act.
29 (hh) Information the disclosure of which is
30 exempted under Section 80 of the State Gift Ban Act.
31 (ii) Beginning July 1, 1999, (hh) information that
32 would disclose or might lead to the disclosure of secret
33 or confidential information, codes, algorithms, programs,
34 or private keys intended to be used to create electronic
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1 or digital signatures under the Electronic Commerce
2 Security Act.
3 (jj) Information and data concerning the
4 distribution of surcharge moneys collected and remitted
5 by wireless carriers under the Wireless Emergency
6 Telephone Safety Act.
7 (2) This Section does not authorize withholding of
8 information or limit the availability of records to the
9 public, except as stated in this Section or otherwise
10 provided in this Act.
11 (Source: P.A. 90-262, eff. 7-30-97; 90-273, eff. 7-30-97;
12 90-546, eff. 12-1-97; 90-655, eff. 7-30-98; 90-737, eff.
13 1-1-99; 90-759, eff. 7-1-99; revised 9-8-98.)
14 Section 805. The Civil Administrative Code of Illinois
15 is amended by changing Section 55a as follows:
16 (20 ILCS 2605/55a) (from Ch. 127, par. 55a)
17 (Text of Section before amendment by P.A. 90-590)
18 Sec. 55a. Powers and duties.
19 (A) The Department of State Police shall have the
20 following powers and duties, and those set forth in Sections
21 55a-1 through 55c:
22 1. To exercise the rights, powers and duties which have
23 been vested in the Department of Public Safety by the State
24 Police Act.
25 2. To exercise the rights, powers and duties which have
26 been vested in the Department of Public Safety by the State
27 Police Radio Act.
28 3. To exercise the rights, powers and duties which have
29 been vested in the Department of Public Safety by the
30 Criminal Identification Act.
31 4. To (a) investigate the origins, activities, personnel
32 and incidents of crime and the ways and means to redress the
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1 victims of crimes, and study the impact, if any, of
2 legislation relative to the effusion of crime and growing
3 crime rates, and enforce the criminal laws of this State
4 related thereto, (b) enforce all laws regulating the
5 production, sale, prescribing, manufacturing, administering,
6 transporting, having in possession, dispensing, delivering,
7 distributing, or use of controlled substances and cannabis,
8 (c) employ skilled experts, scientists, technicians,
9 investigators or otherwise specially qualified persons to aid
10 in preventing or detecting crime, apprehending criminals, or
11 preparing and presenting evidence of violations of the
12 criminal laws of the State, (d) cooperate with the police of
13 cities, villages and incorporated towns, and with the police
14 officers of any county, in enforcing the laws of the State
15 and in making arrests and recovering property, (e) apprehend
16 and deliver up any person charged in this State or any other
17 State of the United States with treason, felony, or other
18 crime, who has fled from justice and is found in this State,
19 and (f) conduct such other investigations as may be provided
20 by law. Persons exercising these powers within the Department
21 are conservators of the peace and as such have all the powers
22 possessed by policemen in cities and sheriffs, except that
23 they may exercise such powers anywhere in the State in
24 cooperation with and after contact with the local law
25 enforcement officials. Such persons may use false or
26 fictitious names in the performance of their duties under
27 this paragraph, upon approval of the Director, and shall not
28 be subject to prosecution under the criminal laws for such
29 use.
30 5. To: (a) be a central repository and custodian of
31 criminal statistics for the State, (b) be a central
32 repository for criminal history record information, (c)
33 procure and file for record such information as is necessary
34 and helpful to plan programs of crime prevention, law
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1 enforcement and criminal justice, (d) procure and file for
2 record such copies of fingerprints, as may be required by
3 law, (e) establish general and field crime laboratories, (f)
4 register and file for record such information as may be
5 required by law for the issuance of firearm owner's
6 identification cards, (g) employ polygraph operators,
7 laboratory technicians and other specially qualified persons
8 to aid in the identification of criminal activity, and (h)
9 undertake such other identification, information, laboratory,
10 statistical or registration activities as may be required by
11 law.
12 6. To (a) acquire and operate one or more radio
13 broadcasting stations in the State to be used for police
14 purposes, (b) operate a statewide communications network to
15 gather and disseminate information for law enforcement
16 agencies, (c) operate an electronic data processing and
17 computer center for the storage and retrieval of data
18 pertaining to criminal activity, and (d) undertake such other
19 communication activities as may be required by law.
20 7. To provide, as may be required by law, assistance to
21 local law enforcement agencies through (a) training,
22 management and consultant services for local law enforcement
23 agencies, and (b) the pursuit of research and the publication
24 of studies pertaining to local law enforcement activities.
25 8. To exercise the rights, powers and duties which have
26 been vested in the Department of State Police and the
27 Director of the Department of State Police by the Narcotic
28 Control Division Abolition Act.
29 9. To exercise the rights, powers and duties which have
30 been vested in the Department of Public Safety by the
31 Illinois Vehicle Code.
32 10. To exercise the rights, powers and duties which have
33 been vested in the Department of Public Safety by the Firearm
34 Owners Identification Card Act.
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1 11. To enforce and administer such other laws in
2 relation to law enforcement as may be vested in the
3 Department.
4 12. To transfer jurisdiction of any realty title to
5 which is held by the State of Illinois under the control of
6 the Department to any other department of the State
7 government or to the State Employees Housing Commission, or
8 to acquire or accept Federal land, when such transfer,
9 acquisition or acceptance is advantageous to the State and is
10 approved in writing by the Governor.
11 13. With the written approval of the Governor, to enter
12 into agreements with other departments created by this Act,
13 for the furlough of inmates of the penitentiary to such other
14 departments for their use in research programs being
15 conducted by them.
16 For the purpose of participating in such research
17 projects, the Department may extend the limits of any
18 inmate's place of confinement, when there is reasonable cause
19 to believe that the inmate will honor his or her trust by
20 authorizing the inmate, under prescribed conditions, to leave
21 the confines of the place unaccompanied by a custodial agent
22 of the Department. The Department shall make rules governing
23 the transfer of the inmate to the requesting other department
24 having the approved research project, and the return of such
25 inmate to the unextended confines of the penitentiary. Such
26 transfer shall be made only with the consent of the inmate.
27 The willful failure of a prisoner to remain within the
28 extended limits of his or her confinement or to return within
29 the time or manner prescribed to the place of confinement
30 designated by the Department in granting such extension shall
31 be deemed an escape from custody of the Department and
32 punishable as provided in Section 3-6-4 of the Unified Code
33 of Corrections.
34 14. To provide investigative services, with all of the
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1 powers possessed by policemen in cities and sheriffs, in and
2 around all race tracks subject to the Horse Racing Act of
3 1975.
4 15. To expend such sums as the Director deems necessary
5 from Contractual Services appropriations for the Division of
6 Criminal Investigation for the purchase of evidence and for
7 the employment of persons to obtain evidence. Such sums shall
8 be advanced to agents authorized by the Director to expend
9 funds, on vouchers signed by the Director.
10 16. To assist victims and witnesses in gang crime
11 prosecutions through the administration of funds appropriated
12 from the Gang Violence Victims and Witnesses Fund to the
13 Department. Such funds shall be appropriated to the
14 Department and shall only be used to assist victims and
15 witnesses in gang crime prosecutions and such assistance may
16 include any of the following:
17 (a) temporary living costs;
18 (b) moving expenses;
19 (c) closing costs on the sale of private residence;
20 (d) first month's rent;
21 (e) security deposits;
22 (f) apartment location assistance;
23 (g) other expenses which the Department considers
24 appropriate; and
25 (h) compensation for any loss of or injury to real
26 or personal property resulting from a gang crime to a
27 maximum of $5,000, subject to the following provisions:
28 (1) in the case of loss of property, the
29 amount of compensation shall be measured by the
30 replacement cost of similar or like property which
31 has been incurred by and which is substantiated by
32 the property owner,
33 (2) in the case of injury to property, the
34 amount of compensation shall be measured by the cost
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1 of repair incurred and which can be substantiated by
2 the property owner,
3 (3) compensation under this provision is a
4 secondary source of compensation and shall be
5 reduced by any amount the property owner receives
6 from any other source as compensation for the loss
7 or injury, including, but not limited to, personal
8 insurance coverage,
9 (4) no compensation may be awarded if the
10 property owner was an offender or an accomplice of
11 the offender, or if the award would unjustly benefit
12 the offender or offenders, or an accomplice of the
13 offender or offenders.
14 No victim or witness may receive such assistance if he or
15 she is not a part of or fails to fully cooperate in the
16 prosecution of gang crime members by law enforcement
17 authorities.
18 The Department shall promulgate any rules necessary for
19 the implementation of this amendatory Act of 1985.
20 17. To conduct arson investigations.
21 18. To develop a separate statewide statistical police
22 contact record keeping system for the study of juvenile
23 delinquency. The records of this police contact system shall
24 be limited to statistical information. No individually
25 identifiable information shall be maintained in the police
26 contact statistical record system.
27 19. To develop a separate statewide central adjudicatory
28 and dispositional records system for persons under 19 years
29 of age who have been adjudicated delinquent minors and to
30 make information available to local registered participating
31 police youth officers so that police youth officers will be
32 able to obtain rapid access to the juvenile's background from
33 other jurisdictions to the end that the police youth officers
34 can make appropriate dispositions which will best serve the
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1 interest of the child and the community. Information
2 maintained in the adjudicatory and dispositional record
3 system shall be limited to the incidents or offenses for
4 which the minor was adjudicated delinquent by a court, and a
5 copy of the court's dispositional order. All individually
6 identifiable records in the adjudicatory and dispositional
7 records system shall be destroyed when the person reaches 19
8 years of age.
9 20. To develop rules which guarantee the confidentiality
10 of such individually identifiable adjudicatory and
11 dispositional records except when used for the following:
12 (a) by authorized juvenile court personnel or the
13 State's Attorney in connection with proceedings under the
14 Juvenile Court Act of 1987; or
15 (b) inquiries from registered police youth
16 officers.
17 For the purposes of this Act "police youth officer" means
18 a member of a duly organized State, county or municipal
19 police force who is assigned by his or her Superintendent,
20 Sheriff or chief of police, as the case may be, to specialize
21 in youth problems.
22 21. To develop administrative rules and administrative
23 hearing procedures which allow a minor, his or her attorney,
24 and his or her parents or guardian access to individually
25 identifiable adjudicatory and dispositional records for the
26 purpose of determining or challenging the accuracy of the
27 records. Final administrative decisions shall be subject to
28 the provisions of the Administrative Review Law.
29 22. To charge, collect, and receive fees or moneys
30 equivalent to the cost of providing Department of State
31 Police personnel, equipment, and services to local
32 governmental agencies when explicitly requested by a local
33 governmental agency and pursuant to an intergovernmental
34 agreement as provided by this Section, other State agencies,
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1 and federal agencies, including but not limited to fees or
2 moneys equivalent to the cost of providing dispatching
3 services, radio and radar repair, and training to local
4 governmental agencies on such terms and conditions as in the
5 judgment of the Director are in the best interest of the
6 State; and to establish, charge, collect and receive fees or
7 moneys based on the cost of providing responses to requests
8 for criminal history record information pursuant to positive
9 identification and any Illinois or federal law authorizing
10 access to some aspect of such information and to prescribe
11 the form and manner for requesting and furnishing such
12 information to the requestor on such terms and conditions as
13 in the judgment of the Director are in the best interest of
14 the State, provided fees for requesting and furnishing
15 criminal history record information may be waived for
16 requests in the due administration of the criminal laws. The
17 Department may also charge, collect and receive fees or
18 moneys equivalent to the cost of providing electronic data
19 processing lines or related telecommunication services to
20 local governments, but only when such services can be
21 provided by the Department at a cost less than that
22 experienced by said local governments through other means.
23 All services provided by the Department shall be conducted
24 pursuant to contracts in accordance with the
25 Intergovernmental Cooperation Act, and all telecommunication
26 services shall be provided pursuant to the provisions of
27 Section 67.18 of this Code.
28 All fees received by the Department of State Police under
29 this Act or the Illinois Uniform Conviction Information Act
30 shall be deposited in a special fund in the State Treasury to
31 be known as the State Police Services Fund. The money
32 deposited in the State Police Services Fund shall be
33 appropriated to the Department of State Police for expenses
34 of the Department of State Police.
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1 Upon the completion of any audit of the Department of
2 State Police as prescribed by the Illinois State Auditing
3 Act, which audit includes an audit of the State Police
4 Services Fund, the Department of State Police shall make the
5 audit open to inspection by any interested person.
6 23. To exercise the powers and perform the duties which
7 have been vested in the Department of State Police by the
8 Intergovernmental Missing Child Recovery Act of 1984, and to
9 establish reasonable rules and regulations necessitated
10 thereby.
11 24. (a) To establish and maintain a statewide Law
12 Enforcement Agencies Data System (LEADS) for the purpose of
13 providing electronic access by authorized entities to
14 criminal justice data repositories and effecting an immediate
15 law enforcement response to reports of missing persons,
16 including lost, missing or runaway minors. The Department
17 shall implement an automatic data exchange system to compile,
18 to maintain and to make available to other law enforcement
19 agencies for immediate dissemination data which can assist
20 appropriate agencies in recovering missing persons and
21 provide access by authorized entities to various data
22 repositories available through LEADS for criminal justice and
23 related purposes. To assist the Department in this effort,
24 funds may be appropriated from the LEADS Maintenance Fund.
25 (b) In exercising its duties under this subsection, the
26 Department shall:
27 (1) provide a uniform reporting format for the
28 entry of pertinent information regarding the report of a
29 missing person into LEADS;
30 (2) develop and implement a policy whereby a
31 statewide or regional alert would be used in situations
32 relating to the disappearances of individuals, based on
33 criteria and in a format established by the Department.
34 Such a format shall include, but not be limited to, the
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1 age of the missing person and the suspected circumstance
2 of the disappearance;
3 (3) notify all law enforcement agencies that
4 reports of missing persons shall be entered as soon as
5 the minimum level of data specified by the Department is
6 available to the reporting agency, and that no waiting
7 period for the entry of such data exists;
8 (4) compile and retain information regarding lost,
9 abducted, missing or runaway minors in a separate data
10 file, in a manner that allows such information to be used
11 by law enforcement and other agencies deemed appropriate
12 by the Director, for investigative purposes. Such
13 information shall include the disposition of all reported
14 lost, abducted, missing or runaway minor cases;
15 (5) compile and maintain an historic data
16 repository relating to lost, abducted, missing or runaway
17 minors and other missing persons in order to develop and
18 improve techniques utilized by law enforcement agencies
19 when responding to reports of missing persons; and
20 (6) create a quality control program regarding
21 confirmation of missing person data, timeliness of
22 entries of missing person reports into LEADS and
23 performance audits of all entering agencies.
24 25. On request of a school board or regional
25 superintendent of schools, to conduct an inquiry pursuant to
26 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
27 an applicant for employment in a school district has been
28 convicted of any criminal or drug offenses enumerated in
29 Section 10-21.9 or 34-18.5 of the School Code. The
30 Department shall furnish such conviction information to the
31 President of the school board of the school district which
32 has requested the information, or if the information was
33 requested by the regional superintendent to that regional
34 superintendent.
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1 26. To promulgate rules and regulations necessary for
2 the administration and enforcement of its powers and duties,
3 wherever granted and imposed, pursuant to the Illinois
4 Administrative Procedure Act.
5 27. To (a) promulgate rules pertaining to the
6 certification, revocation of certification and training of
7 law enforcement officers as electronic criminal surveillance
8 officers, (b) provide training and technical assistance to
9 State's Attorneys and local law enforcement agencies
10 pertaining to the interception of private oral
11 communications, (c) promulgate rules necessary for the
12 administration of Article 108B of the Code of Criminal
13 Procedure of 1963, including but not limited to standards for
14 recording and minimization of electronic criminal
15 surveillance intercepts, documentation required to be
16 maintained during an intercept, procedures in relation to
17 evidence developed by an intercept, and (d) charge a
18 reasonable fee to each law enforcement agency that sends
19 officers to receive training as electronic criminal
20 surveillance officers.
21 28. Upon the request of any private organization which
22 devotes a major portion of its time to the provision of
23 recreational, social, educational or child safety services to
24 children, to conduct, pursuant to positive identification,
25 criminal background investigations of all of that
26 organization's current employees, current volunteers,
27 prospective employees or prospective volunteers charged with
28 the care and custody of children during the provision of the
29 organization's services, and to report to the requesting
30 organization any record of convictions maintained in the
31 Department's files about such persons. The Department shall
32 charge an application fee, based on actual costs, for the
33 dissemination of conviction information pursuant to this
34 subsection. The Department is empowered to establish this
HB1383 Re-Enrolled -33- LRB9103127MWgc
1 fee and shall prescribe the form and manner for requesting
2 and furnishing conviction information pursuant to this
3 subsection. Information received by the organization from the
4 Department concerning an individual shall be provided to such
5 individual. Any such information obtained by the
6 organization shall be confidential and may not be transmitted
7 outside the organization and may not be transmitted to anyone
8 within the organization except as needed for the purpose of
9 evaluating the individual. Only information and standards
10 which bear a reasonable and rational relation to the
11 performance of child care shall be used by the organization.
12 Any employee of the Department or any member, employee or
13 volunteer of the organization receiving confidential
14 information under this subsection who gives or causes to be
15 given any confidential information concerning any criminal
16 convictions of an individual shall be guilty of a Class A
17 misdemeanor unless release of such information is authorized
18 by this subsection.
19 29. Upon the request of the Department of Children and
20 Family Services, to investigate reports of child abuse or
21 neglect.
22 30. To obtain registration of a fictitious vital record
23 pursuant to Section 15.1 of the Vital Records Act.
24 31. To collect and disseminate information relating to
25 "hate crimes" as defined under Section 12-7.1 of the Criminal
26 Code of 1961 contingent upon the availability of State or
27 Federal funds to revise and upgrade the Illinois Uniform
28 Crime Reporting System. All law enforcement agencies shall
29 report monthly to the Department of State Police concerning
30 such offenses in such form and in such manner as may be
31 prescribed by rules and regulations adopted by the Department
32 of State Police. Such information shall be compiled by the
33 Department and be disseminated upon request to any local law
34 enforcement agency, unit of local government, or state
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1 agency. Dissemination of such information shall be subject
2 to all confidentiality requirements otherwise imposed by law.
3 The Department of State Police shall provide training for
4 State Police officers in identifying, responding to, and
5 reporting all hate crimes. The Illinois Local Governmental
6 Law Enforcement Officer's Training Standards Board shall
7 develop and certify a course of such training to be made
8 available to local law enforcement officers.
9 32. Upon the request of a private carrier company that
10 provides transportation under Section 28b of the Metropolitan
11 Transit Authority Act, to ascertain if an applicant for a
12 driver position has been convicted of any criminal or drug
13 offense enumerated in Section 28b of the Metropolitan Transit
14 Authority Act. The Department shall furnish the conviction
15 information to the private carrier company that requested the
16 information.
17 33. To apply for grants or contracts, receive, expend,
18 allocate, or disburse funds and moneys made available by
19 public or private entities, including, but not limited to,
20 contracts, bequests, grants, or receiving equipment from
21 corporations, foundations, or public or private institutions
22 of higher learning. All funds received by the Department
23 from these sources shall be deposited into the appropriate
24 fund in the State Treasury to be appropriated to the
25 Department for purposes as indicated by the grantor or
26 contractor or, in the case of funds or moneys bequeathed or
27 granted for no specific purpose, for any purpose as deemed
28 appropriate by the Director in administering the
29 responsibilities of the Department.
30 34. Upon the request of the Department of Children and
31 Family Services, the Department of State Police shall provide
32 properly designated employees of the Department of Children
33 and Family Services with criminal history record information
34 as defined in the Illinois Uniform Conviction Information Act
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1 and information maintained in the adjudicatory and
2 dispositional record system as defined in subdivision (A)19
3 of this Section if the Department of Children and Family
4 Services determines the information is necessary to perform
5 its duties under the Abused and Neglected Child Reporting
6 Act, the Child Care Act of 1969, and the Children and Family
7 Services Act. The request shall be in the form and manner
8 specified by the Department of State Police.
9 35. The Illinois Department of Public Aid is an
10 authorized entity under this Section for the purpose of
11 obtaining access to various data repositories available
12 through LEADS, to facilitate the location of individuals for
13 establishing paternity, and establishing, modifying, and
14 enforcing child support obligations, pursuant to the Illinois
15 Public Aid Code and Title IV, Part D of the Social Security
16 Act. The Department shall enter into an agreement with the
17 Illinois Department of Public Aid consistent with these
18 purposes.
19 36. Upon request of the Department of Human Services, to
20 conduct an assessment and evaluation of sexually violent
21 persons as mandated by the Sexually Violent Persons
22 Commitment Act, the Department shall furnish criminal history
23 information maintained on the requested person. The request
24 shall be in the form and manner specified by the Department.
25 37. To exercise the powers and perform the duties
26 specifically assigned to the Department under the Wireless
27 Emergency Telephone Safety Act with respect to the
28 development and improvement of emergency communications
29 procedures and facilities in such a manner as to facilitate a
30 quick response to any person calling the number "9-1-1"
31 seeking police, fire, medical, or other emergency services
32 through a wireless carrier as defined in Section 10 of the
33 Wireless Emergency Telephone Safety Act. Nothing in the
34 Wireless Emergency Telephone Safety Act shall require the
HB1383 Re-Enrolled -36- LRB9103127MWgc
1 Illinois State Police to provide wireless enhanced 9-1-1
2 services.
3 (B) The Department of State Police may establish and
4 maintain, within the Department of State Police, a Statewide
5 Organized Criminal Gang Database (SWORD) for the purpose of
6 tracking organized criminal gangs and their memberships.
7 Information in the database may include, but not be limited
8 to, the name, last known address, birth date, physical
9 descriptions (such as scars, marks, or tattoos), officer
10 safety information, organized gang affiliation, and entering
11 agency identifier. The Department may develop, in
12 consultation with the Criminal Justice Information Authority,
13 and in a form and manner prescribed by the Department, an
14 automated data exchange system to compile, to maintain, and
15 to make this information electronically available to
16 prosecutors and to other law enforcement agencies. The
17 information may be used by authorized agencies to combat the
18 operations of organized criminal gangs statewide.
19 (C) The Department of State Police may ascertain the
20 number of bilingual police officers and other personnel
21 needed to provide services in a language other than English
22 and may establish, under applicable personnel rules and
23 Department guidelines or through a collective bargaining
24 agreement, a bilingual pay supplement program.
25 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
26 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-655, eff.
27 7-30-98; 90-793, eff. 8-14-98; revised 10-6-98.)
28 (Text of Section after amendment by P.A. 90-590)
29 Sec. 55a. Powers and duties.
30 (A) The Department of State Police shall have the
31 following powers and duties, and those set forth in Sections
32 55a-1 through 55c:
33 1. To exercise the rights, powers and duties which have
34 been vested in the Department of Public Safety by the State
HB1383 Re-Enrolled -37- LRB9103127MWgc
1 Police Act.
2 2. To exercise the rights, powers and duties which have
3 been vested in the Department of Public Safety by the State
4 Police Radio Act.
5 3. To exercise the rights, powers and duties which have
6 been vested in the Department of Public Safety by the
7 Criminal Identification Act.
8 4. To (a) investigate the origins, activities, personnel
9 and incidents of crime and the ways and means to redress the
10 victims of crimes, and study the impact, if any, of
11 legislation relative to the effusion of crime and growing
12 crime rates, and enforce the criminal laws of this State
13 related thereto, (b) enforce all laws regulating the
14 production, sale, prescribing, manufacturing, administering,
15 transporting, having in possession, dispensing, delivering,
16 distributing, or use of controlled substances and cannabis,
17 (c) employ skilled experts, scientists, technicians,
18 investigators or otherwise specially qualified persons to aid
19 in preventing or detecting crime, apprehending criminals, or
20 preparing and presenting evidence of violations of the
21 criminal laws of the State, (d) cooperate with the police of
22 cities, villages and incorporated towns, and with the police
23 officers of any county, in enforcing the laws of the State
24 and in making arrests and recovering property, (e) apprehend
25 and deliver up any person charged in this State or any other
26 State of the United States with treason, felony, or other
27 crime, who has fled from justice and is found in this State,
28 and (f) conduct such other investigations as may be provided
29 by law. Persons exercising these powers within the Department
30 are conservators of the peace and as such have all the powers
31 possessed by policemen in cities and sheriffs, except that
32 they may exercise such powers anywhere in the State in
33 cooperation with and after contact with the local law
34 enforcement officials. Such persons may use false or
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1 fictitious names in the performance of their duties under
2 this paragraph, upon approval of the Director, and shall not
3 be subject to prosecution under the criminal laws for such
4 use.
5 5. To: (a) be a central repository and custodian of
6 criminal statistics for the State, (b) be a central
7 repository for criminal history record information, (c)
8 procure and file for record such information as is necessary
9 and helpful to plan programs of crime prevention, law
10 enforcement and criminal justice, (d) procure and file for
11 record such copies of fingerprints, as may be required by
12 law, (e) establish general and field crime laboratories, (f)
13 register and file for record such information as may be
14 required by law for the issuance of firearm owner's
15 identification cards, (g) employ polygraph operators,
16 laboratory technicians and other specially qualified persons
17 to aid in the identification of criminal activity, and (h)
18 undertake such other identification, information, laboratory,
19 statistical or registration activities as may be required by
20 law.
21 6. To (a) acquire and operate one or more radio
22 broadcasting stations in the State to be used for police
23 purposes, (b) operate a statewide communications network to
24 gather and disseminate information for law enforcement
25 agencies, (c) operate an electronic data processing and
26 computer center for the storage and retrieval of data
27 pertaining to criminal activity, and (d) undertake such other
28 communication activities as may be required by law.
29 7. To provide, as may be required by law, assistance to
30 local law enforcement agencies through (a) training,
31 management and consultant services for local law enforcement
32 agencies, and (b) the pursuit of research and the publication
33 of studies pertaining to local law enforcement activities.
34 8. To exercise the rights, powers and duties which have
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1 been vested in the Department of State Police and the
2 Director of the Department of State Police by the Narcotic
3 Control Division Abolition Act.
4 9. To exercise the rights, powers and duties which have
5 been vested in the Department of Public Safety by the
6 Illinois Vehicle Code.
7 10. To exercise the rights, powers and duties which have
8 been vested in the Department of Public Safety by the Firearm
9 Owners Identification Card Act.
10 11. To enforce and administer such other laws in
11 relation to law enforcement as may be vested in the
12 Department.
13 12. To transfer jurisdiction of any realty title to
14 which is held by the State of Illinois under the control of
15 the Department to any other department of the State
16 government or to the State Employees Housing Commission, or
17 to acquire or accept Federal land, when such transfer,
18 acquisition or acceptance is advantageous to the State and is
19 approved in writing by the Governor.
20 13. With the written approval of the Governor, to enter
21 into agreements with other departments created by this Act,
22 for the furlough of inmates of the penitentiary to such other
23 departments for their use in research programs being
24 conducted by them.
25 For the purpose of participating in such research
26 projects, the Department may extend the limits of any
27 inmate's place of confinement, when there is reasonable cause
28 to believe that the inmate will honor his or her trust by
29 authorizing the inmate, under prescribed conditions, to leave
30 the confines of the place unaccompanied by a custodial agent
31 of the Department. The Department shall make rules governing
32 the transfer of the inmate to the requesting other department
33 having the approved research project, and the return of such
34 inmate to the unextended confines of the penitentiary. Such
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1 transfer shall be made only with the consent of the inmate.
2 The willful failure of a prisoner to remain within the
3 extended limits of his or her confinement or to return within
4 the time or manner prescribed to the place of confinement
5 designated by the Department in granting such extension shall
6 be deemed an escape from custody of the Department and
7 punishable as provided in Section 3-6-4 of the Unified Code
8 of Corrections.
9 14. To provide investigative services, with all of the
10 powers possessed by policemen in cities and sheriffs, in and
11 around all race tracks subject to the Horse Racing Act of
12 1975.
13 15. To expend such sums as the Director deems necessary
14 from Contractual Services appropriations for the Division of
15 Criminal Investigation for the purchase of evidence and for
16 the employment of persons to obtain evidence. Such sums shall
17 be advanced to agents authorized by the Director to expend
18 funds, on vouchers signed by the Director.
19 16. To assist victims and witnesses in gang crime
20 prosecutions through the administration of funds appropriated
21 from the Gang Violence Victims and Witnesses Fund to the
22 Department. Such funds shall be appropriated to the
23 Department and shall only be used to assist victims and
24 witnesses in gang crime prosecutions and such assistance may
25 include any of the following:
26 (a) temporary living costs;
27 (b) moving expenses;
28 (c) closing costs on the sale of private residence;
29 (d) first month's rent;
30 (e) security deposits;
31 (f) apartment location assistance;
32 (g) other expenses which the Department considers
33 appropriate; and
34 (h) compensation for any loss of or injury to real
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1 or personal property resulting from a gang crime to a
2 maximum of $5,000, subject to the following provisions:
3 (1) in the case of loss of property, the
4 amount of compensation shall be measured by the
5 replacement cost of similar or like property which
6 has been incurred by and which is substantiated by
7 the property owner,
8 (2) in the case of injury to property, the
9 amount of compensation shall be measured by the cost
10 of repair incurred and which can be substantiated by
11 the property owner,
12 (3) compensation under this provision is a
13 secondary source of compensation and shall be
14 reduced by any amount the property owner receives
15 from any other source as compensation for the loss
16 or injury, including, but not limited to, personal
17 insurance coverage,
18 (4) no compensation may be awarded if the
19 property owner was an offender or an accomplice of
20 the offender, or if the award would unjustly benefit
21 the offender or offenders, or an accomplice of the
22 offender or offenders.
23 No victim or witness may receive such assistance if he or
24 she is not a part of or fails to fully cooperate in the
25 prosecution of gang crime members by law enforcement
26 authorities.
27 The Department shall promulgate any rules necessary for
28 the implementation of this amendatory Act of 1985.
29 17. To conduct arson investigations.
30 18. To develop a separate statewide statistical police
31 contact record keeping system for the study of juvenile
32 delinquency. The records of this police contact system shall
33 be limited to statistical information. No individually
34 identifiable information shall be maintained in the police
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1 contact statistical record system.
2 19. To develop a separate statewide central juvenile
3 records system for persons arrested prior to the age of 17
4 under Section 5-401 of the Juvenile Court Act of 1987 or
5 adjudicated delinquent minors and to make information
6 available to local law enforcement officers so that law
7 enforcement officers will be able to obtain rapid access to
8 the background of the minor from other jurisdictions to the
9 end that the juvenile police officers can make appropriate
10 decisions which will best serve the interest of the child and
11 the community. The Department shall submit a quarterly
12 report to the General Assembly and Governor which shall
13 contain the number of juvenile records that the Department
14 has received in that quarter and, a list, by category, of
15 offenses that minors were arrested for or convicted of by
16 age, race and gender.
17 20. To develop rules which guarantee the confidentiality
18 of such individually identifiable juvenile records except to
19 juvenile authorities who request information concerning the
20 minor and who certify in writing that the information will
21 not be disclosed to any other party except as provided under
22 law or order of court. For purposes of this Section,
23 "juvenile authorities" means: (i) a judge of the circuit
24 court and members of the staff of the court designated by the
25 judge; (ii) parties to the proceedings under the Juvenile
26 Court Act of 1987 and their attorneys; (iii) probation
27 officers and court appointed advocates for the juvenile
28 authorized by the judge hearing the case; (iv) any individual
29 or, public or of private agency having custody of the child
30 pursuant to court order; (v) any individual or, public or
31 private agency providing education, medical or mental health
32 service to the child when the requested information is needed
33 to determine the appropriate service or treatment for the
34 minor; (vi) any potential placement provider when such
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1 release is authorized by the court for the limited purpose of
2 determining the appropriateness of the potential placement;
3 (vii) law enforcement officers and prosecutors; (viii) adult
4 and juvenile prisoner review boards; (ix) authorized military
5 personnel; (x) individuals authorized by court; (xi) the
6 Illinois General Assembly or any committee or commission
7 thereof.
8 21. To develop administrative rules and administrative
9 hearing procedures which allow a minor, his or her attorney,
10 and his or her parents or guardian access to individually
11 identifiable juvenile records for the purpose of determining
12 or challenging the accuracy of the records. Final
13 administrative decisions shall be subject to the provisions
14 of the Administrative Review Law.
15 22. To charge, collect, and receive fees or moneys
16 equivalent to the cost of providing Department of State
17 Police personnel, equipment, and services to local
18 governmental agencies when explicitly requested by a local
19 governmental agency and pursuant to an intergovernmental
20 agreement as provided by this Section, other State agencies,
21 and federal agencies, including but not limited to fees or
22 moneys equivalent to the cost of providing dispatching
23 services, radio and radar repair, and training to local
24 governmental agencies on such terms and conditions as in the
25 judgment of the Director are in the best interest of the
26 State; and to establish, charge, collect and receive fees or
27 moneys based on the cost of providing responses to requests
28 for criminal history record information pursuant to positive
29 identification and any Illinois or federal law authorizing
30 access to some aspect of such information and to prescribe
31 the form and manner for requesting and furnishing such
32 information to the requestor on such terms and conditions as
33 in the judgment of the Director are in the best interest of
34 the State, provided fees for requesting and furnishing
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1 criminal history record information may be waived for
2 requests in the due administration of the criminal laws. The
3 Department may also charge, collect and receive fees or
4 moneys equivalent to the cost of providing electronic data
5 processing lines or related telecommunication services to
6 local governments, but only when such services can be
7 provided by the Department at a cost less than that
8 experienced by said local governments through other means.
9 All services provided by the Department shall be conducted
10 pursuant to contracts in accordance with the
11 Intergovernmental Cooperation Act, and all telecommunication
12 services shall be provided pursuant to the provisions of
13 Section 67.18 of this Code.
14 All fees received by the Department of State Police under
15 this Act or the Illinois Uniform Conviction Information Act
16 shall be deposited in a special fund in the State Treasury to
17 be known as the State Police Services Fund. The money
18 deposited in the State Police Services Fund shall be
19 appropriated to the Department of State Police for expenses
20 of the Department of State Police.
21 Upon the completion of any audit of the Department of
22 State Police as prescribed by the Illinois State Auditing
23 Act, which audit includes an audit of the State Police
24 Services Fund, the Department of State Police shall make the
25 audit open to inspection by any interested person.
26 23. To exercise the powers and perform the duties which
27 have been vested in the Department of State Police by the
28 Intergovernmental Missing Child Recovery Act of 1984, and to
29 establish reasonable rules and regulations necessitated
30 thereby.
31 24. (a) To establish and maintain a statewide Law
32 Enforcement Agencies Data System (LEADS) for the purpose of
33 providing electronic access by authorized entities to
34 criminal justice data repositories and effecting an immediate
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1 law enforcement response to reports of missing persons,
2 including lost, missing or runaway minors. The Department
3 shall implement an automatic data exchange system to compile,
4 to maintain and to make available to other law enforcement
5 agencies for immediate dissemination data which can assist
6 appropriate agencies in recovering missing persons and
7 provide access by authorized entities to various data
8 repositories available through LEADS for criminal justice and
9 related purposes. To assist the Department in this effort,
10 funds may be appropriated from the LEADS Maintenance Fund.
11 (b) In exercising its duties under this subsection, the
12 Department shall:
13 (1) provide a uniform reporting format for the
14 entry of pertinent information regarding the report of a
15 missing person into LEADS;
16 (2) develop and implement a policy whereby a
17 statewide or regional alert would be used in situations
18 relating to the disappearances of individuals, based on
19 criteria and in a format established by the Department.
20 Such a format shall include, but not be limited to, the
21 age of the missing person and the suspected circumstance
22 of the disappearance;
23 (3) notify all law enforcement agencies that
24 reports of missing persons shall be entered as soon as
25 the minimum level of data specified by the Department is
26 available to the reporting agency, and that no waiting
27 period for the entry of such data exists;
28 (4) compile and retain information regarding lost,
29 abducted, missing or runaway minors in a separate data
30 file, in a manner that allows such information to be used
31 by law enforcement and other agencies deemed appropriate
32 by the Director, for investigative purposes. Such
33 information shall include the disposition of all reported
34 lost, abducted, missing or runaway minor cases;
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1 (5) compile and maintain an historic data
2 repository relating to lost, abducted, missing or runaway
3 minors and other missing persons in order to develop and
4 improve techniques utilized by law enforcement agencies
5 when responding to reports of missing persons; and
6 (6) create a quality control program regarding
7 confirmation of missing person data, timeliness of
8 entries of missing person reports into LEADS and
9 performance audits of all entering agencies.
10 25. On request of a school board or regional
11 superintendent of schools, to conduct an inquiry pursuant to
12 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
13 an applicant for employment in a school district has been
14 convicted of any criminal or drug offenses enumerated in
15 Section 10-21.9 or 34-18.5 of the School Code. The
16 Department shall furnish such conviction information to the
17 President of the school board of the school district which
18 has requested the information, or if the information was
19 requested by the regional superintendent to that regional
20 superintendent.
21 26. To promulgate rules and regulations necessary for
22 the administration and enforcement of its powers and duties,
23 wherever granted and imposed, pursuant to the Illinois
24 Administrative Procedure Act.
25 27. To (a) promulgate rules pertaining to the
26 certification, revocation of certification and training of
27 law enforcement officers as electronic criminal surveillance
28 officers, (b) provide training and technical assistance to
29 State's Attorneys and local law enforcement agencies
30 pertaining to the interception of private oral
31 communications, (c) promulgate rules necessary for the
32 administration of Article 108B of the Code of Criminal
33 Procedure of 1963, including but not limited to standards for
34 recording and minimization of electronic criminal
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1 surveillance intercepts, documentation required to be
2 maintained during an intercept, procedures in relation to
3 evidence developed by an intercept, and (d) charge a
4 reasonable fee to each law enforcement agency that sends
5 officers to receive training as electronic criminal
6 surveillance officers.
7 28. Upon the request of any private organization which
8 devotes a major portion of its time to the provision of
9 recreational, social, educational or child safety services to
10 children, to conduct, pursuant to positive identification,
11 criminal background investigations of all of that
12 organization's current employees, current volunteers,
13 prospective employees or prospective volunteers charged with
14 the care and custody of children during the provision of the
15 organization's services, and to report to the requesting
16 organization any record of convictions maintained in the
17 Department's files about such persons. The Department shall
18 charge an application fee, based on actual costs, for the
19 dissemination of conviction information pursuant to this
20 subsection. The Department is empowered to establish this
21 fee and shall prescribe the form and manner for requesting
22 and furnishing conviction information pursuant to this
23 subsection. Information received by the organization from the
24 Department concerning an individual shall be provided to such
25 individual. Any such information obtained by the
26 organization shall be confidential and may not be transmitted
27 outside the organization and may not be transmitted to anyone
28 within the organization except as needed for the purpose of
29 evaluating the individual. Only information and standards
30 which bear a reasonable and rational relation to the
31 performance of child care shall be used by the organization.
32 Any employee of the Department or any member, employee or
33 volunteer of the organization receiving confidential
34 information under this subsection who gives or causes to be
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1 given any confidential information concerning any criminal
2 convictions of an individual shall be guilty of a Class A
3 misdemeanor unless release of such information is authorized
4 by this subsection.
5 29. Upon the request of the Department of Children and
6 Family Services, to investigate reports of child abuse or
7 neglect.
8 30. To obtain registration of a fictitious vital record
9 pursuant to Section 15.1 of the Vital Records Act.
10 31. To collect and disseminate information relating to
11 "hate crimes" as defined under Section 12-7.1 of the Criminal
12 Code of 1961 contingent upon the availability of State or
13 Federal funds to revise and upgrade the Illinois Uniform
14 Crime Reporting System. All law enforcement agencies shall
15 report monthly to the Department of State Police concerning
16 such offenses in such form and in such manner as may be
17 prescribed by rules and regulations adopted by the Department
18 of State Police. Such information shall be compiled by the
19 Department and be disseminated upon request to any local law
20 enforcement agency, unit of local government, or state
21 agency. Dissemination of such information shall be subject
22 to all confidentiality requirements otherwise imposed by law.
23 The Department of State Police shall provide training for
24 State Police officers in identifying, responding to, and
25 reporting all hate crimes. The Illinois Law Enforcement
26 Training Standards Board shall develop and certify a course
27 of such training to be made available to local law
28 enforcement officers.
29 32. Upon the request of a private carrier company that
30 provides transportation under Section 28b of the Metropolitan
31 Transit Authority Act, to ascertain if an applicant for a
32 driver position has been convicted of any criminal or drug
33 offense enumerated in Section 28b of the Metropolitan Transit
34 Authority Act. The Department shall furnish the conviction
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1 information to the private carrier company that requested the
2 information.
3 33. To apply for grants or contracts, receive, expend,
4 allocate, or disburse funds and moneys made available by
5 public or private entities, including, but not limited to,
6 contracts, bequests, grants, or receiving equipment from
7 corporations, foundations, or public or private institutions
8 of higher learning. All funds received by the Department
9 from these sources shall be deposited into the appropriate
10 fund in the State Treasury to be appropriated to the
11 Department for purposes as indicated by the grantor or
12 contractor or, in the case of funds or moneys bequeathed or
13 granted for no specific purpose, for any purpose as deemed
14 appropriate by the Director in administering the
15 responsibilities of the Department.
16 34. Upon the request of the Department of Children and
17 Family Services, the Department of State Police shall provide
18 properly designated employees of the Department of Children
19 and Family Services with criminal history record information
20 as defined in the Illinois Uniform Conviction Information Act
21 and information maintained in the Statewide Central Juvenile
22 record system as defined in subdivision (A)19 of this Section
23 if the Department of Children and Family Services determines
24 the information is necessary to perform its duties under the
25 Abused and Neglected Child Reporting Act, the Child Care Act
26 of 1969, and the Children and Family Services Act. The
27 request shall be in the form and manner specified by the
28 Department of State Police.
29 35. The Illinois Department of Public Aid is an
30 authorized entity under this Section for the purpose of
31 exchanging information, in the form and manner required by
32 the Department of State Police, obtaining access to various
33 data repositories available through LEADS, to facilitate the
34 location of individuals for establishing paternity, and
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1 establishing, modifying, and enforcing child support
2 obligations, pursuant to the Illinois Public Aid Code and
3 Title IV, Part Section D of the Social Security Act. The
4 Department shall enter into an agreement with the Illinois
5 Department of Public Aid consistent with these purposes.
6 36. Upon request of the Department of Human Services, to
7 conduct an assessment and evaluation of sexually violent
8 persons as mandated by the Sexually Violent Persons
9 Commitment Act, the Department shall furnish criminal history
10 information maintained on the requested person. The request
11 shall be in the form and manner specified by the Department.
12 37. To exercise the powers and perform the duties
13 specifically assigned to the Department under the Wireless
14 Emergency Telephone Safety Act with respect to the
15 development and improvement of emergency communications
16 procedures and facilities in such a manner as to facilitate a
17 quick response to any person calling the number "9-1-1"
18 seeking police, fire, medical, or other emergency services
19 through a wireless carrier as defined in Section 10 of the
20 Wireless Emergency Telephone Safety Act. Nothing in the
21 Wireless Emergency Telephone Safety Act shall require the
22 Illinois State Police to provide wireless enhanced 9-1-1
23 services.
24 (B) The Department of State Police may establish and
25 maintain, within the Department of State Police, a Statewide
26 Organized Criminal Gang Database (SWORD) for the purpose of
27 tracking organized criminal gangs and their memberships.
28 Information in the database may include, but not be limited
29 to, the name, last known address, birth date, physical
30 descriptions (such as scars, marks, or tattoos), officer
31 safety information, organized gang affiliation, and entering
32 agency identifier. The Department may develop, in
33 consultation with the Criminal Justice Information Authority,
34 and in a form and manner prescribed by the Department, an
HB1383 Re-Enrolled -51- LRB9103127MWgc
1 automated data exchange system to compile, to maintain, and
2 to make this information electronically available to
3 prosecutors and to other law enforcement agencies. The
4 information may be used by authorized agencies to combat the
5 operations of organized criminal gangs statewide.
6 (C) The Department of State Police may ascertain the
7 number of bilingual police officers and other personnel
8 needed to provide services in a language other than English
9 and may establish, under applicable personnel rules and
10 Department guidelines or through a collective bargaining
11 agreement, a bilingual pay supplement program.
12 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
13 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
14 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
15 1-21-99.)
16 Section 810. The State Finance Act is amended by adding
17 Sections 5.490, 5.491, 5.492, and 8.36 as follows:
18 (30 ILCS 105/5.490 new)
19 Sec. 5.490. Wireless Service Emergency Fund.
20 (30 ILCS 105/5.491 new)
21 Sec. 5.491. State Police Wireless Service Emergency
22 Fund.
23 (30 ILCS 105/5.492 new)
24 Sec. 5.492. Wireless Carrier Reimbursement Fund.
25 (30 ILCS 105/8.36 new)
26 Sec. 8.36. State Police Wireless Service Emergency Fund.
27 (a) The State Police Wireless Service Emergency Fund is
28 created as a special fund in the State Treasury.
29 (b) Grants to the Department of State Police from the
HB1383 Re-Enrolled -52- LRB9103127MWgc
1 Wireless Service Emergency Fund shall be deposited into the
2 State Police Wireless Service Emergency Fund and shall be
3 used in accordance with Section 20 of the Wireless Emergency
4 Telephone Safety Act.
5 (c) On July 1, 1999, the State Comptroller and State
6 Treasurer shall transfer $1,300,000 from the General Revenue
7 Fund to the State Police Wireless Service Emergency Fund. On
8 June 30, 2003 the State Comptroller and State Treasurer shall
9 transfer $1,300,000 from the State Police Wireless Service
10 Emergency Fund to the General Revenue Fund.
11 Section 995. No acceleration or delay. Where this Act
12 makes changes in a statute that is represented in this Act by
13 text that is not yet or no longer in effect (for example, a
14 Section represented by multiple versions), the use of that
15 text does not accelerate or delay the taking effect of (i)
16 the changes made by this Act or (ii) provisions derived from
17 any other Public Act.
18 Section 999. Effective date. This Act takes effect July
19 1, 1999.
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