HB2332 96TH GENERAL ASSEMBLY

LRB096 10066 RLJ 20231 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2332

Introduced 2/18/2009, by Rep. Careen M Gordon

SYNOPSIS AS INTRODUCED:

50 ILCS 722/10
50 ILCS 722/90 new
50 ILCS 722/92 new
30 ILCS 805/8.33 new

Amends the Missing Persons Identification Act. Revises the list of persons who are considered a "high-risk missing person". Requires law enforcement agencies to actively search for high-risk missing persons that may be in the area. Provides that law enforcement agencies must comply with the requirements of the Act. Limits the exercise of concurrent home rule powers. Provides that the Act is exempt from the reimbursement requirements of the State Mandates Act. Effective immediately.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning local government.

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

Section 5. The Missing Persons Identification Act is amended by changing Section 10 and by adding Sections 90 and 92 as follows:

(50 ILCS 722/10)

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;

(A) (C) the person is missing under unknown circumstances;

(D) the person is missing under known dangerous circumstances;

(B) (E) the person is missing more than 30 days;

(C) (F) the person has already been designated as a high-risk missing person by another law enforcement agency;

(D) (G) there is evidence that the person is at risk because:

(i) the person is in need of medical attention 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 has an active order of protection against another or has requested an order of protection within the previous 12 months is under the age of 21;

(vi) the person has been the subject of past threats or acts of violence by another;

(vii) the person has been the victim of domestic violence, stalking, aggravated stalking, a sex offense under Article 11 or bodily harm under Article 12 of the Criminal Code of 1961, attempted murder, or any documented act or threat of violence eloped from a nursing home; or

(E) (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.

(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, or otherwise are aware that a high-risk missing person may be in the area, shall notify officers to be on the lookout for and to actively search 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 public dissemination of photographs in appropriate high risk cases.

(Source: P.A. 95-192, eff. 8-16-07.)

(50 ILCS 722/90 new)

Sec. 90. Exempt mandate. Notwithstanding Sections 6 and 8 of the State Mandates Act, no reimbursement by the State is required for the implementation of any mandate created by this Act.

(50 ILCS 722/92 new)

Sec. 92. Home rule preemption. All law enforcement agencies, including those of home rule units, must comply with the requirements of this Act. Governmental entities employing law enforcement personnel are authorized to take additional steps to ensure that the purposes of this Act are accomplished. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 90. The State Mandates Act is amended by adding Section 8.33 as follows:

(30 ILCS 805/8.33 new)

Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by the Missing Persons Identification Act.

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