HB0772 96TH GENERAL ASSEMBLY

LRB096 05691 RLJ 15757 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0772

Introduced 2/9/2009, by Rep. Sandra M. Pihos

SYNOPSIS AS INTRODUCED:

20 ILCS 2605/2605-485 new
20 ILCS 2705/2705-505.5

Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Creates the Silver Alert System. The Silver Alert System provides for the rapid dissemination of information regarding a missing person who is believed to be suffering from dementia or a similar cognitive impairment. Specifies the requirements and procedures for the alert system. Creates the Silver Alert System Task Force. Amends the Department of Transportation Law of the Civil Administrative Code of Illinois. Provides that the Department of Transportation, in coordination with the Department of State Police, shall use electronic message signs to provide critical information to the public regarding missing persons believed to be suffering from dementia or a similar cognitive impairment. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

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

Section 5. The Department of State Police Law of the Civil Administrative Code of Illinois is amended by adding Section 2605-485 as follows:

(20 ILCS 2605/2605-485 new)

Sec. 2605-485. Statewide Silver Alert program; Silver Alert Coordinator.

(a) A coordinated program known as the Silver Alert System is established within the Department of State Police. The purpose of the Silver Alert System is to provide a statewide system for the rapid dissemination of information regarding a missing person who is believed to be suffering from dementia or a similar cognitive impairment.

(b) If the Department of State Police receives a report that involves a missing person who is believed to be suffering from dementia or a similar cognitive impairment, for the protection of the missing person from potential abuse or other physical harm, neglect, or exploitation, the Department of State Police shall issue an alert providing for the rapid dissemination of information statewide regarding the missing person. The Department of State Police shall make every effort to disseminate the information as quickly as possible when (i) the missing person is at least 55 years old or the missing person is less than 55 years old and a law enforcement officer determines that an alert is necessary and (ii) the person's status as missing has been reported to a law enforcement agency.

(c) The Department of State Police shall adopt guidelines and develop procedures for issuing an alert for missing persons believed to be suffering from dementia or a similar cognitive impairment. 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 Department of State Police, in consultation with the Illinois Department of Transportation, shall develop a procedure for the use of electronic message signs on roads and highways to provide information on a missing person that meets the criteria provided under this Section. The system shall include, but is not limited to, the use of Illinois Department of Transportation electronic message signs to immediately provide critical information to the public.

(e) The Department of State Police shall appoint a Silver Alert Coordinator to assist in the establishment of State standards and to monitor the availability of federal funding that may become available to further the objectives of the Silver Alert System. The Silver Alert Coordinator shall have the qualifications and experience that the Department of State Police shall require by rule. The Silver Alert Coordinator shall receive no compensation but shall be reimbursed for his or her expenses from the Department's operations budget. No funds shall be appropriated solely for the expenses of the Silver Alert Coordinator. The Department may in its discretion have the Child Safety Coordinator, created under Section 2605-480 of the Department of State Police Law, act in the dual capacity of Child Safety Coordinator and Silver Alert Coordinator. The Department shall provide technical assistance for the Silver Alert Coordinator from its existing resources.

(f) The Department shall establish a Silver Alert System Task Force to monitor and review the implementation and operation of the system developed under subsection (a), including procedures, budgetary requirements, and response protocols. The Task Force shall also develop additional network resources for use in the system. The Department of State Police may in its discretion have the AMBER Plan Task Force, established under Section 2605-480 of the Department of State Police Law, serve in a dual capacity as the Silver Alert System Task Force.

(g) Any person who intentionally or knowingly files a false report that a missing person is believed to be suffering from dementia or a similar cognitive impairment is guilty of a Class C misdemeanor.

Section 10. The Department of Transportation Law of the Civil Administrative Code of Illinois is amended by changing Section 2705-505.5 as follows:

(20 ILCS 2705/2705-505.5)

Sec. 2705-505.5. Child abduction and silver alert message signs. The Department of Transportation shall coordinate with the Department of State Police in the use of electronic message signs on roads and highways in the vicinity of a child abduction, or near the location where a person believed to be suffering from dementia or a similar cognitive impairment was last seen, as provided under Section 2605-485 of the Department of State Police Law, to immediately provide critical information to the public.

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

Section 99. Effective date. This Act takes effect upon becoming law.