HB5681 96TH GENERAL ASSEMBLY

LRB096 16920 RLC 32233 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5681

Introduced 2/9/2010, by Rep. Dan Brady

SYNOPSIS AS INTRODUCED:

20 ILCS 2605/2605-480

Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Establishes criteria that must be met before a law enforcement agency may activate an AMBER Alert Notification Plan.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning children.

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 changing Section 2605-480 as follows:

(20 ILCS 2605/2605-480)

Sec. 2605-480. Statewide kidnapping alert and prevention program; Child Safety Coordinator.

(a) The Department of State Police shall develop a coordinated program for a statewide emergency alert system when a child is missing or kidnapped. The system shall include, but is not limited to, the use in coordination with the Illinois Department of Transportation, of electronic message signs on roads and highways in the vicinity of a child abduction to immediately provide critical information to the public.

(b) The Department of State Police shall establish an AMBER Plan 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.

(b-5) In order to activate the AMBER Alert Notification Plan, law enforcement agencies must ensure the following criteria are met:

(1) Law enforcement must confirm a child has been abducted.

(2) The child must be under 16 years of age or have a proven mental or physical disability.

(3) Law enforcement must believe the child is in danger of serious bodily harm or death.

(4) There is enough descriptive information about the child, abductor, or suspect's vehicle, or both, to believe an immediate broadcast alert will help find the abducted or missing child or perpetrators of the abduction, or both.

When: (a) there is an order of protection issued against the non-custodial parent of a minor child; and (b) such order of protection allows for visitation; and (c) the non-custodial parent is substantially late in returning the child from a visit, then there is a presumption that the child is in danger of serious bodily harm or death.

(c) The Department of State Police, in coordination with the Illinois Emergency Management Agency, shall develop and implement a community outreach program to promote awareness among the State's parents and children of child abduction prevention and response.

(d) The Department of State Police, in coordination with the State Board of Education, shall develop child abduction prevention instruction for inclusion in elementary and secondary school curricula throughout the State. The Department and State Board of Education shall encourage the inclusion of the child abduction prevention instruction in private elementary and secondary school curricula throughout the State.

(e) The Department shall appoint a Child Safety Coordinator to assist in the establishment of State standards for child safety from kidnap and abduction and to advocate for the achievement of those standards. The Child Safety Coordinator shall have the qualifications and experience that the Department shall require by rule. The Child Safety 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 Child Safety Coordinator. The Department shall provide technical assistance for the Child Safety Coordinator from its existing resources.

(Source: P.A. 92-259, eff. 1-1-02; 92-468, eff. 8-22-01; 93-310, eff. 7-23-03.)