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Public Act 096-0149 |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Department of State Police Law of the
Civil | ||||
Administrative Code of Illinois is amended by adding Section | ||||
2605-485 as follows: | ||||
(20 ILCS 2605/2605-485 new) | ||||
Sec. 2605-485. Endangered Missing Person Advisory. | ||||
(a) A coordinated program known as the Endangered Missing | ||||
Person Advisory is established within the Department of State | ||||
Police. The purpose of the Endangered Missing Person Advisory | ||||
is to provide a regional system for the rapid dissemination of | ||||
information regarding a missing person who is believed to be a | ||||
high-risk missing person as defined in Section 10 of the | ||||
Missing Persons Identification Act. | ||||
(b) The AMBER Plan Task Force, established under Section | ||||
2605-480 of the Department of State Police Law, shall serve as | ||||
the task force for the Endangered Missing Person Advisory. The | ||||
AMBER Plan Task Force shall monitor and review the | ||||
implementation and operation of the regional system developed | ||||
under subsection (a), including procedures, budgetary | ||||
requirements, and response protocols. The AMBER Plan Task Force | ||||
shall also develop additional network resources for use in the |
system. | ||
(c) The Department of State Police, in coordination with | ||
the Illinois Department on Aging, shall develop and implement a | ||
community outreach program to promote awareness among the | ||
State's healthcare facilities, nursing homes, assisted living | ||
facilities, and other senior centers. The guidelines and | ||
procedures shall ensure that specific health information about | ||
the missing person is not made public through the alert or | ||
otherwise. | ||
(d) The Child Safety Coordinator, created under Section | ||
2605-480 of the Department of State Police Law, shall act in | ||
the dual capacity of Child Safety Coordinator and Endangered | ||
Missing Person Coordinator. The Coordinator shall assist in the | ||
establishment of State standards and monitor the availability | ||
of federal funding that may become available to further the | ||
objectives of the Endangered Missing Person Advisory. The | ||
Department shall provide technical assistance for the | ||
Coordinator from its existing resources. | ||
Section 10. The Missing Persons Identification Act is | ||
amended by changing Section 10 as follows: | ||
(50 ILCS 722/10)
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Sec. 10. Law enforcement analysis and reporting of missing | ||
person information. | ||
(a) Prompt determination of high-risk missing person. |
(1) Definition. "High-risk missing person" means a | ||
person whose whereabouts are not currently known and whose | ||
circumstances indicate that the person may be at risk of | ||
injury or death. The circumstances that indicate that a | ||
person is a high-risk missing person include, but are not | ||
limited to, any of the following: | ||
(A) the person is missing as a result of a stranger | ||
abduction; | ||
(B) the person is missing under suspicious | ||
circumstances; | ||
(C) the person is missing under unknown | ||
circumstances; | ||
(D) the person is missing under known dangerous | ||
circumstances; | ||
(E) the person is missing more than 30 days; | ||
(F) the person has already been designated as a | ||
high-risk missing person by another law enforcement | ||
agency; | ||
(G) there is evidence that the person is at risk | ||
because: | ||
(i) the person is in need of medical attention , | ||
including but not limited to persons with | ||
dementia-like symptoms, or prescription | ||
medication; | ||
(ii) the person does not have a pattern of | ||
running away or disappearing; |
(iii) the person may have been abducted by a | ||
non-custodial parent; | ||
(iv) the person is mentally impaired; | ||
(v) the person is under the age of 21; | ||
(vi) the person has been the subject of past | ||
threats or acts of violence; | ||
(vii) the person has eloped from a nursing | ||
home; or | ||
(H) any other factor that may, in the judgment of | ||
the law enforcement official, indicate that the | ||
missing person may be at risk. | ||
(2) Law enforcement risk assessment. | ||
(A) Upon initial receipt of a missing person | ||
report, the law enforcement agency shall immediately | ||
determine whether there is a basis to determine that | ||
the missing person is a high-risk missing person. | ||
(B) If a law enforcement agency has previously | ||
determined that a missing person is not a high-risk | ||
missing person, but obtains new information, it shall | ||
immediately determine whether the information | ||
indicates that the missing person is a high-risk | ||
missing person. | ||
(C) Law enforcement agencies are encouraged to | ||
establish written protocols for the handling of | ||
missing person cases to accomplish the purposes of this | ||
Act. |
(3) Law enforcement agency reports. | ||
(A) The responding local law enforcement agency | ||
shall immediately enter all collected information | ||
relating to the missing person case in the Law | ||
Enforcement Agencies Data System (LEADS) and the | ||
National Crime Information Center (NCIC) databases. | ||
The information shall be provided in accordance with | ||
applicable guidelines relating to the databases. The | ||
information shall be entered as follows: | ||
(i) All appropriate DNA profiles, as | ||
determined by the Department of State Police, | ||
shall be uploaded into the missing person | ||
databases of the State DNA Index System (SDIS) and | ||
National DNA Index System (NDIS) after completion | ||
of the DNA analysis and other procedures required | ||
for database entry. | ||
(ii) Information relevant to the Federal | ||
Bureau of Investigation's Violent Criminal | ||
Apprehension Program shall be entered as soon as | ||
possible. | ||
(iii) The Department of State Police shall | ||
ensure that persons entering data relating to | ||
medical or dental records in State or federal | ||
databases are specifically trained to understand | ||
and correctly enter the information sought by | ||
these databases. The Department of State Police |
shall either use a person with specific expertise | ||
in
medical or dental records for this purpose or | ||
consult with a chief medical examiner, forensic | ||
anthropologist, or odontologist to ensure the | ||
accuracy and completeness of information entered | ||
into the State and federal databases.
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(B) The Department of State Police shall | ||
immediately notify all law enforcement agencies within | ||
this State and the surrounding region of the | ||
information that will aid in the prompt location and | ||
safe return of the high-risk missing person. | ||
(C) The local law enforcement agencies that | ||
receive the notification from the Department of State | ||
Police shall notify officers to be on the lookout for | ||
the missing person or a suspected abductor. | ||
(D) Pursuant to any applicable State criteria, | ||
local law enforcement agencies shall also provide for | ||
the prompt use of an Amber Alert in cases involving | ||
abducted children; or use of the Endangered Missing | ||
Person Advisory public dissemination of photographs in | ||
appropriate high risk cases.
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(Source: P.A. 95-192, eff. 8-16-07.)
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