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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Missing Persons Identification Act is | ||||||
5 | amended by changing Section 10 and by adding Sections 90 and 92 | ||||||
6 | as follows: | ||||||
7 | (50 ILCS 722/10)
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8 | Sec. 10. Law enforcement analysis and reporting of missing | ||||||
9 | person information. | ||||||
10 | (a) Prompt determination of high-risk missing person. | ||||||
11 | (1) Definition. "High-risk missing person" means a | ||||||
12 | person whose whereabouts are not currently known and whose | ||||||
13 | circumstances indicate that the person may be at risk of | ||||||
14 | injury or death. The circumstances that indicate that a | ||||||
15 | person is a high-risk missing person include, but are not | ||||||
16 | limited to, any of the following: | ||||||
17 | (A) the person is missing as a result of a stranger | ||||||
18 | abduction; | ||||||
19 | (B) the person is missing under suspicious | ||||||
20 | circumstances; | ||||||
21 | (A) (C) the person is missing under unknown | ||||||
22 | circumstances; | ||||||
23 | (D) the person is missing under known dangerous |
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1 | circumstances; | ||||||
2 | (B) (E) the person is missing more than 30 days; | ||||||
3 | (C) (F) the person has already been designated as a | ||||||
4 | high-risk missing person by another law enforcement | ||||||
5 | agency; | ||||||
6 | (D) (G) there is evidence that the person is at | ||||||
7 | risk because: | ||||||
8 | (i) the person is in need of medical attention | ||||||
9 | or prescription medication; | ||||||
10 | (ii) the person does not have a pattern of | ||||||
11 | running away or disappearing; | ||||||
12 | (iii) the person may have been abducted by a | ||||||
13 | non-custodial parent; | ||||||
14 | (iv) the person is mentally impaired; | ||||||
15 | (v) the person has an active order of | ||||||
16 | protection against another or has requested an | ||||||
17 | order of protection within the previous 12 months | ||||||
18 | is under the age of 21 ; | ||||||
19 | (vi) the person has been the subject of past | ||||||
20 | threats or acts of violence by another ; | ||||||
21 | (vii) the person has been the victim of | ||||||
22 | domestic violence, stalking, aggravated stalking, | ||||||
23 | a sex offense under Article 11 or bodily harm under | ||||||
24 | Article 12 of the Criminal Code of 1961, attempted | ||||||
25 | murder, or any documented act or threat of violence | ||||||
26 | eloped from a nursing home ; or |
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1 | (E) (H) any other factor that may, in the judgment | ||||||
2 | of the law enforcement official, indicate that the | ||||||
3 | missing person may be at risk. | ||||||
4 | (2) Law enforcement risk assessment. | ||||||
5 | (A) Upon initial receipt of a missing person | ||||||
6 | report, the law enforcement agency shall immediately | ||||||
7 | determine whether there is a basis to determine that | ||||||
8 | the missing person is a high-risk missing person. | ||||||
9 | (B) If a law enforcement agency has previously | ||||||
10 | determined that a missing person is not a high-risk | ||||||
11 | missing person, but obtains new information, it shall | ||||||
12 | immediately determine whether the information | ||||||
13 | indicates that the missing person is a high-risk | ||||||
14 | missing person. | ||||||
15 | (C) Law enforcement agencies are encouraged to | ||||||
16 | establish written protocols for the handling of | ||||||
17 | missing person cases to accomplish the purposes of this | ||||||
18 | Act. | ||||||
19 | (3) Law enforcement agency reports. | ||||||
20 | (A) The responding local law enforcement agency | ||||||
21 | shall immediately enter all collected information | ||||||
22 | relating to the missing person case in the Law | ||||||
23 | Enforcement Agencies Data System (LEADS) and the | ||||||
24 | National Crime Information Center (NCIC) databases. | ||||||
25 | The information shall be provided in accordance with | ||||||
26 | applicable guidelines relating to the databases. The |
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1 | information shall be entered as follows: | ||||||
2 | (i) All appropriate DNA profiles, as | ||||||
3 | determined by the Department of State Police, | ||||||
4 | shall be uploaded into the missing person | ||||||
5 | databases of the State DNA Index System (SDIS) and | ||||||
6 | National DNA Index System (NDIS) after completion | ||||||
7 | of the DNA analysis and other procedures required | ||||||
8 | for database entry. | ||||||
9 | (ii) Information relevant to the Federal | ||||||
10 | Bureau of Investigation's Violent Criminal | ||||||
11 | Apprehension Program shall be entered as soon as | ||||||
12 | possible. | ||||||
13 | (iii) The Department of State Police shall | ||||||
14 | ensure that persons entering data relating to | ||||||
15 | medical or dental records in State or federal | ||||||
16 | databases are specifically trained to understand | ||||||
17 | and correctly enter the information sought by | ||||||
18 | these databases. The Department of State Police | ||||||
19 | shall either use a person with specific expertise | ||||||
20 | in
medical or dental records for this purpose or | ||||||
21 | consult with a chief medical examiner, forensic | ||||||
22 | anthropologist, or odontologist to ensure the | ||||||
23 | accuracy and completeness of information entered | ||||||
24 | into the State and federal databases.
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25 | (B) The Department of State Police shall | ||||||
26 | immediately notify all law enforcement agencies within |
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1 | this State and the surrounding region of the | ||||||
2 | information that will aid in the prompt location and | ||||||
3 | safe return of the high-risk missing person. | ||||||
4 | (C) The local law enforcement agencies that | ||||||
5 | receive the notification from the Department of State | ||||||
6 | Police , or otherwise are aware that a high-risk missing | ||||||
7 | person may be in the area, shall notify officers to be | ||||||
8 | on the lookout for and to actively search for the | ||||||
9 | missing person or a suspected abductor. | ||||||
10 | (D) Pursuant to any applicable State criteria, | ||||||
11 | local law enforcement agencies shall also provide for | ||||||
12 | the prompt use of an Amber Alert in cases involving | ||||||
13 | abducted children; or public dissemination of | ||||||
14 | photographs in appropriate high risk cases.
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15 | (Source: P.A. 95-192, eff. 8-16-07.) | ||||||
16 | (50 ILCS 722/90 new) | ||||||
17 | Sec. 90. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
18 | of the State Mandates Act, no reimbursement by the State is | ||||||
19 | required for the implementation of any mandate created by this | ||||||
20 | Act. | ||||||
21 | (50 ILCS 722/92 new) | ||||||
22 | Sec. 92. Home rule preemption. All law enforcement | ||||||
23 | agencies, including those of home rule units, must comply with | ||||||
24 | the requirements of this Act. Governmental entities employing |
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1 | law enforcement personnel are authorized to take additional | ||||||
2 | steps to ensure that the purposes of this Act are accomplished. | ||||||
3 | This Section is a limitation under subsection (i) of Section 6 | ||||||
4 | of Article VII of the Illinois Constitution on the concurrent | ||||||
5 | exercise by home rule units of powers and functions exercised | ||||||
6 | by the State. | ||||||
7 | Section 90. The State Mandates Act is amended by adding | ||||||
8 | Section 8.33 as follows: | ||||||
9 | (30 ILCS 805/8.33 new) | ||||||
10 | Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
11 | of this Act, no reimbursement by the State is required for the | ||||||
12 | implementation of any mandate created by the Missing Persons | ||||||
13 | Identification Act.
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14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law.
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