HB2586ham002 104TH GENERAL ASSEMBLY

Rep. Jay Hoffman

Filed: 3/26/2025

10400HB2586ham002 LRB104 11397 RTM 24570 a

AMENDMENT TO HOUSE BILL 2586

AMENDMENT NO. ______. Amend House Bill 2586 by replacing everything after the enacting clause with the following:

"Section 5. The State Employee Indemnification Act is amended by changing Section 1 as follows:

(5 ILCS 350/1) (from Ch. 127, par. 1301)

Sec. 1. Definitions. For the purpose of this Act:

(a) The term "State" means the State of Illinois, the General Assembly, the court, or any State office, department, division, bureau, board, commission, or committee, the governing boards of the public institutions of higher education created by the State, the Illinois National Guard, the Illinois State Guard, the Comprehensive Health Insurance Board, any poison control center designated under the Poison Control System Act that receives State funding, or any other agency or instrumentality of the State. It does not mean any local public entity as that term is defined in Section 1-206 of the Local Governmental and Governmental Employees Tort Immunity Act or a pension fund.

(b) The term "employee" means: any present or former elected or appointed officer, trustee or employee of the State, or of a pension fund; any present or former commissioner or employee of the Executive Ethics Commission or of the Legislative Ethics Commission; any present or former Executive, Legislative, or Auditor General's Inspector General; any present or former employee of an Office of an Executive, Legislative, or Auditor General's Inspector General; any present or former member of the Illinois National Guard while on active duty; any present or former member of the Illinois State Guard while on State active duty; individuals or organizations who contract with the Department of Corrections, the Department of Juvenile Justice, the Comprehensive Health Insurance Board, or the Department of Veterans' Affairs to provide services; individuals or organizations who contract with the Department of Human Services (as successor to the Department of Mental Health and Developmental Disabilities) to provide services including but not limited to treatment and other services for sexually violent persons; individuals or organizations who contract with the Department of Military Affairs for youth programs; individuals or organizations who contract to perform carnival and amusement ride safety inspections for the Department of Labor; individuals who contract with the Office of the State's Attorneys Appellate Prosecutor to provide legal services, but only when performing duties within the scope of the Office's prosecutorial activities; individual representatives of or designated organizations authorized to represent the Office of State Long-Term Ombudsman for the Department on Aging; individual representatives of or organizations designated by the Department on Aging in the performance of their duties as adult protective services agencies or regional administrative agencies under the Adult Protective Services Act; individuals or organizations appointed as members of a review team or the Advisory Council under the Adult Protective Services Act; individuals or organizations who perform volunteer services for the State where such volunteer relationship is reduced to writing; individuals who serve on any public entity (whether created by law or administrative action) described in paragraph (a) of this Section; individuals or not for profit organizations who, either as volunteers, where such volunteer relationship is reduced to writing, or pursuant to contract, furnish professional advice or consultation to any agency or instrumentality of the State; individuals who serve as foster parents for the Department of Children and Family Services when caring for youth in care as defined in Section 4d of the Children and Family Services Act; individuals who serve as members of an independent team of experts under the Developmental Disability and Mental Health Safety Act (also known as Brian's Law); and individuals who serve as arbitrators pursuant to Part 10A of Article II of the Code of Civil Procedure and the rules of the Supreme Court implementing Part 10A, each as now or hereafter amended; the members of the Certification Review Panel under the Illinois Police Training Act; the term "employee" does not mean an independent contractor except as provided in this Section. The term includes (1) an individual appointed as an inspector by the Director of the Illinois State Police when performing duties within the scope of the activities of a Metropolitan Enforcement Group or a law enforcement organization established under the Intergovernmental Cooperation Act and (2) any Metropolitan Enforcement Group created under Section 5 of the Intergovernmental Drug Laws Enforcement Act and any law enforcement organization established under the Intergovernmental Cooperation Act to which the Illinois State Police is a party, if all sworn members of the Metropolitan Enforcement Group or law enforcement organization are employees under this subsection. An individual who renders professional advice and consultation to the State through an organization which qualifies as an "employee" under the Act is also an employee. The term includes the estate or personal representative of an employee.

(c) The term "pension fund" means a retirement system or pension fund created under the Illinois Pension Code.

(Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)

Section 10. The Illinois State Police Law of the Civil Administrative Code of Illinois is amended by changing Sections 2605-5, 2605-30, 2605-35, and 2605-45 as follows:

(20 ILCS 2605/2605-5)

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

"CJIS Systems Agency" means the agency responsible for establishing and administering an information technology security program throughout the agency's user community, including the local levels.

"Criminal Justice Information System" or "CJIS" means any system, including the equipment, facilities, procedures, and agreements, accepted and adopted by the criminal justice community for the collection, processing, preservation, and dissemination of criminal justice information, including, but not limited to, biometric data, identity history data, biographic data, property data, case or incident history, arrest records, warrants, incarceration and correctional data, firearms background checks, and sex offender registry.

"Director" means the Director of the Illinois State Police.

"Missing endangered senior" means an individual 65 years of age or older or a person with Alzheimer's disease or related dementias who is reported missing to a law enforcement agency and is, or is believed to be:

(1) a temporary or permanent resident of Illinois;

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

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

(Source: P.A. 102-538, eff. 8-20-21.)

(20 ILCS 2605/2605-30) (was 20 ILCS 2605/55a-2)

Sec. 2605-30. Division of Patrol (formerly State Troopers). The Division of Patrol shall exercise the following functions and those in Section 2605-35:

(1) Cooperate with federal and State authorities requesting utilization of the Illinois State Police's radio network system under the Illinois Aeronautics Act.

(2) Exercise the rights, powers, and duties of the Illinois State Police under the Illinois State Police Act.

(2.5) Provide uniformed patrol of Illinois highways and proactively enforce criminal and traffic laws.

(3) (Blank).

(4) Exercise the rights, powers, and duties of the Illinois State Police vested by law in the Illinois State Police by the Illinois Vehicle Code.

(5) Exercise other duties that have been or may be vested by law in the Illinois State Police.

(6) Exercise other duties that may be assigned by the Director in order to fulfill the responsibilities and to achieve the purposes of the Illinois State Police.

(7) Provide comprehensive law enforcement services to the public and to county, municipal, and federal law enforcement agencies, at their request.

(8) Patrol Illinois highways with the intent to interdict crime and ensure traffic safety while assisting citizens during times of need.

(9) Serve as the lead State agency for administering the commercial vehicle safety plan of the federal Motor Carrier Safety Administration, and the only agency to enforce the provisions of Chapter 18b of the Illinois Vehicle Code.

(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24.)

(20 ILCS 2605/2605-35) (was 20 ILCS 2605/55a-3)

Sec. 2605-35. Division of Criminal Investigation.

(a) The Division of Criminal Investigation shall exercise the following functions and those in Section 2605-30:

(1) Exercise the rights, powers, and duties vested by law in the Illinois State Police by the Illinois Horse Racing Act of 1975, including those set forth in Section 2605-215.

(2) Investigate the origins, activities, personnel, and incidents of crime and enforce the criminal laws of this State related thereto.

(3) Enforce all laws regulating the production, sale, prescribing, manufacturing, administering, transporting, having in possession, dispensing, delivering, distributing, or use of controlled substances and cannabis.

(4) Cooperate with the police of cities, villages, and incorporated towns and with the police officers of any county in enforcing the laws of the State and in making arrests and recovering property.

(5) Apprehend and deliver up any person charged in this State or any other state with treason or a felony or other crime who has fled from justice and is found in this State.

(6) Investigate recipients and providers under the Illinois Public Aid Code and any personnel involved in the administration of the Code who are suspected of any violation of the Code pertaining to fraud in the administration, receipt, or provision of assistance and pertaining to any violation of criminal law; and exercise the functions required under Section 2605-220 in the conduct of those investigations.

(7) Conduct other investigations as provided by law, including, but not limited to, investigations of human trafficking, illegal drug trafficking, illegal firearms trafficking, and cyber crimes that can be investigated and prosecuted in Illinois.

(8) Investigate public corruption.

(9) Exercise other duties that may be assigned by the Director in order to fulfill the responsibilities and achieve the purposes of the Illinois State Police, which may include the coordination of gang, terrorist, and organized crime prevention, control activities, and assisting local law enforcement in their crime control activities.

(10) Conduct investigations (and cooperate with federal law enforcement agencies in the investigation) of any property-related crimes, such as money laundering, involving individuals or entities listed on the sanctions list maintained by the U.S. Department of Treasury's Office of Foreign Asset Control.

(11) Oversee Illinois State Police special weapons and tactics (SWAT) teams, including law enforcement response to weapons of mass destruction.

(12) Oversee Illinois State Police air operations.

(13) Investigate criminal domestic terrorism incidents, and otherwise deter all criminal threats to Illinois.

(14) Conduct investigations into Internet crimes against children and provide support to applicable statewide task forces.

(a-5) The Division of Criminal Investigation shall gather information, intelligence, and evidence to facilitate the identification, apprehension, and prosecution of persons responsible for committing crime; to provide specialized intelligence and analysis, investigative, tactical, and technological services in support of law enforcement operations throughout the State of Illinois; and to oversee and operate the statewide criminal intelligence fusion center.

(b) (Blank).

(b-5) The Division of Criminal Investigation shall cooperate and liaise with all federal law enforcement and other partners on criminal investigations, intelligence, information sharing, and national security planning and response.

(c) The Division of Criminal Investigation shall provide statewide coordination and strategy pertaining to firearm-related intelligence, firearms trafficking interdiction, and investigations reaching across all divisions of the Illinois State Police, including providing crime gun intelligence support for suspects and firearms involved in firearms trafficking or the commission of a crime involving firearms that is investigated by the Illinois State Police and other federal, State, and local law enforcement agencies, with the objective of reducing and preventing illegal possession and use of firearms, firearms trafficking, firearm-related homicides, and other firearm-related violent crimes in Illinois.

(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1108, eff. 12-21-22; 102-1116, eff. 1-10-23; 103-34, eff. 1-1-24; 103-609, eff. 7-1-24.)

(20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)

Sec. 2605-45. Division of Justice Services.

(a) The Division of Justice Services shall provide administrative and technical services and support to the Illinois State Police, criminal justice agencies, and the public and shall exercise the following functions:

(1) Operate and maintain the Law Enforcement Agencies Data System (LEADS), a statewide, computerized telecommunications system designed to provide services, information, and capabilities to the law enforcement and criminal justice community in the State of Illinois. The Director is responsible for establishing policy, procedures, and regulations consistent with State and federal rules, policies, and law by which LEADS operates. The Director shall designate a statewide LEADS Administrator for management of the system. The Director may appoint a LEADS Advisory Policy Board to reflect the needs and desires of the law enforcement and criminal justice community and to make recommendations concerning policies and procedures.

(2) Pursue research and the publication of studies pertaining to local law enforcement activities.

(3) Serve as the State's point of contact for the Federal Bureau of Investigation's Uniform Crime Reporting Program and National Incident-Based Reporting System.

(4) Operate an electronic data processing and computer center for the storage and retrieval of data pertaining to criminal activity.

(5) Exercise the rights, powers, and duties vested in the Illinois State Police by the Cannabis Regulation and Tax Act and the Compassionate Use of Medical Cannabis Program Act.

(6) (Blank).

(6.5) Exercise the rights, powers, and duties vested in the Illinois State Police by the Firearm Owners Identification Card Act, the Firearm Concealed Carry Act, the Firearm Transfer Inquiry Program, the prohibited persons portal under Section 2605-304, and the Firearm Dealer License Certification Act.

(7) Exercise other duties that may be assigned by the Director to fulfill the responsibilities and achieve the purposes of the Illinois State Police.

(8) Exercise the rights, powers, and duties vested by law in the Illinois State Police by the Criminal Identification Act and the Illinois Uniform Conviction Information Act.

(9) Exercise the powers and perform the duties that have been vested in the Illinois State Police by the Murderer and Violent Offender Against Youth Registration Act, the Sex Offender Registration Act, and the Sex Offender Community Notification Law and adopt reasonable rules necessitated thereby.

(10) Serve as the State central repository for criminal history record information.

(11) Share all necessary information with the Concealed Carry Licensing Review Board and the Firearms Owner's Identification Card Review Board necessary for the execution of their duties.

(12) Serve as the CJIS Systems Agency for Illinois.

(b) Notwithstanding any law to the contrary, the CJIS Security Policy of the Federal Bureau of Investigation governs criminal justice information systems and requires all of those systems to be subject to a management control agreement controlled by the criminal justice agency that owns the criminal justice information system and to be subject to oversight by the CJIS Systems Agency. The CJIS Systems Agency shall establish principles and standards to provide consistency in the operation and use of criminal justice system information technology throughout the State. The CJIS Systems Agency may impose more stringent or additional protection measures than those measures outlined in the CJIS Security Policy of the Federal Bureau of Investigation if the protection measures are documented and maintained. State agencies and units of local government shall work with the CJIS Systems Agency to follow all principles and standards, including those imposed under this Section. Consistent with the CJIS Security Policy of the Federal Bureau of Investigation, no State agency, unit of local government, or employee of a State agency or unit of local government shall usurp, replace, or diminish the role and responsibility of the CJIS Information Security Officer or the CJIS Systems Officer appointed by the head of the CJIS Systems Agency.

(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24.)

Section 99. Effective date. This Section and Section 15 take effect October 1, 2025.".