103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2412

 

Introduced 2/15/2023, by Rep. Jay Hoffman

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois State Police Law of the Civil Administrative Code of Illinois. Adds duties to various Divisions of the Illinois State Police. Amends the State Finance Act. Abolishes the State Police Streetgang-Related Crime Fund. Provides for, on the effective date of the amendatory Act, or as soon thereafter as practical, the transfer of the remaining balance from the State Police Streetgang-Related Crime Fund to the State Police Operations Assistance Fund. Amends the Intergovernmental Missing Child Recovery Act of 1984. Provides that the Illinois State Police's quality control program shall assess (rather than monitor) the timeliness of entries of missing children reports into LEADS and conduct performance audits of all entering agencies. Amends the School Code. Provides that, upon receipt of any written, electronic, or verbal report from any school personnel regarding a verified incident involving a firearm in a school or on school owned or leased property, including any conveyance owned, leased, or used by the school for the transport of students or school personnel, the local law enforcement authorities shall report all such firearm-related incidents occurring in a school or on school property to the Illinois State Police (rather than the superintendent or his or her designee reporting to the Illinois State Police) in a form, manner, and frequency as prescribed by the Illinois State Police. Amends the Sex Offender Registration Act. Provides for, on the effective date of the amendatory Act, or as soon thereafter as practical, the transfer of the remaining balance from the Sex Offender Investigation Fund to the Offender Registration Fund. Provides that upon completion of the transfers, the Sex Offender Investigation Fund is dissolved, and any future deposits into the Sex Offender Investigation Fund and any outstanding obligations or liabilities of the Sex Offender Investigation Fund pass to the Offender Registration Fund. Effective January 1, 2024, with some provisions concerning funds transfers effective immediately.


LRB103 05885 RLC 56341 b

 

 

A BILL FOR

 

HB2412LRB103 05885 RLC 56341 b

1    AN ACT concerning the Illinois State Police.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois State Police Law of the Civil
5Administrative Code of Illinois is amended by changing
6Sections 2605-10, 2605-30, 2605-35, 2605-45, 2605-51, 2605-52,
7and 2605-200 as follows:
 
8    (20 ILCS 2605/2605-10)  (was 20 ILCS 2605/55a in part)
9    Sec. 2605-10. Powers and duties, generally.
10    (a) The Illinois State Police shall exercise the rights,
11powers, and duties that have been vested in the Illinois State
12Police by the following:
13    The Illinois State Police Act.
14    The Illinois State Police Radio Act.
15    The Criminal Identification Act.
16    The Illinois Vehicle Code.
17    The Firearm Owners Identification Card Act.
18    The Firearm Concealed Carry Act.
19    The Firearm Dealer License Certification Act Gun Dealer
20Licensing Act.
21    The Intergovernmental Missing Child Recovery Act of 1984.
22    The Intergovernmental Drug Laws Enforcement Act.
23    The Narcotic Control Division Abolition Act.

 

 

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1    The Illinois Uniform Conviction Information Act.
2    The Arsonist Registration Act.
3    The Murderer and Violent Offender Against Youth
4Registration Act.
5    (b) The Illinois State Police shall have the powers and
6duties set forth in the following Sections.
7(Source: P.A. 102-538, eff. 8-20-21.)
 
8    (20 ILCS 2605/2605-30)  (was 20 ILCS 2605/55a-2)
9    Sec. 2605-30. Division of Patrol Operations (formerly
10State Troopers). The Division of Patrol Operations shall
11exercise the following functions and those in Section 2605-35:
12        (1) Cooperate with federal and State authorities
13    requesting utilization of the Illinois State Police's
14    radio network system under the Illinois Aeronautics Act.
15        (2) Exercise the rights, powers, and duties of the
16    Illinois State Police under the Illinois State Police Act.
17        (2.5) Provide uniformed patrol of Illinois roadways
18    and proactively enforce criminal and traffic laws.
19        (3) (Blank).
20        (4) Exercise the rights, powers, and duties of the
21    Illinois State Police vested by law in the Illinois State
22    Police by the Illinois Vehicle Code.
23        (5) Exercise other duties that have been or may be
24    vested by law in the Illinois State Police.
25        (6) Exercise other duties that may be assigned by the

 

 

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1    Director in order to fulfill the responsibilities and to
2    achieve the purposes of the Illinois State Police.
3        (7) Provide comprehensive law enforcement services to
4    the public and to county, municipal, and federal law
5    enforcement agencies.
6        (8) Patrol Illinois roadways with the intent to
7    interdict crime and ensure traffic safety while assisting
8    citizens during times of need.
9(Source: P.A. 102-538, eff. 8-20-21.)
 
10    (20 ILCS 2605/2605-35)  (was 20 ILCS 2605/55a-3)
11    Sec. 2605-35. Division of Criminal Investigation.
12    (a) The Division of Criminal Investigation shall exercise
13the following functions and those in Section 2605-30:
14        (1) Exercise the rights, powers, and duties vested by
15    law in the Illinois State Police by the Illinois Horse
16    Racing Act of 1975, including those set forth in Section
17    2605-215, and the Illinois Gambling Act.
18        (2) Investigate the origins, activities, personnel,
19    and incidents of crime and enforce the criminal laws of
20    this State related thereto, and oversee the statewide
21    intelligence fusion center.
22        (3) Enforce all laws regulating the production, sale,
23    prescribing, manufacturing, administering, transporting,
24    having in possession, dispensing, delivering,
25    distributing, or use of controlled substances and

 

 

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1    cannabis.
2        (4) Cooperate with the police of cities, villages, and
3    incorporated towns and with the police officers of any
4    county in enforcing the laws of the State and in making
5    arrests and recovering property.
6        (5) Apprehend and deliver up any person charged in
7    this State or any other state with treason or a felony or
8    other crime who has fled from justice and is found in this
9    State.
10        (6) Investigate recipients and providers under the
11    Illinois Public Aid Code and any personnel involved in the
12    administration of the Code who are suspected of any
13    violation of the Code pertaining to fraud in the
14    administration, receipt, or provision of assistance and
15    pertaining to any violation of criminal law; and exercise
16    the functions required under Section 2605-220 in the
17    conduct of those investigations.
18        (7) Conduct other investigations as provided by law,
19    including, but not limited to, investigations of human
20    trafficking, illegal drug trafficking, and illegal
21    firearms trafficking, and cybercrimes.
22        (8) Investigate public corruption.
23        (9) Exercise other duties that may be assigned by the
24    Director in order to fulfill the responsibilities and
25    achieve the purposes of the Illinois State Police, which
26    may include the coordination of gang, terrorist, and

 

 

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1    organized crime prevention, control activities, and
2    assisting local law enforcement in their crime control
3    activities.
4        (10) Conduct investigations (and cooperate with
5    federal law enforcement agencies in the investigation) of
6    any property-related crimes, such as money laundering,
7    involving individuals or entities listed on the sanctions
8    list maintained by the U.S. Department of Treasury's
9    Office of Foreign Asset Control.
10        (11) Oversee special weapons and tactics (SWAT) teams.
11        (12) Oversee air operations to respond to manhunts and
12    searches for missing persons, conduct airspeed details,
13    provide surveillance support, and serve other high-threat
14    or high-value asset missions.
15        (13) Investigate domestic terrorism incidents and
16    individuals and otherwise deter all threats to the
17    homeland.
18    (a-5) The Division of Criminal Investigation shall gather
19information and evidence to facilitate the identification,
20apprehension, and prosecution of persons responsible for
21committing crime; and to provide specialized intelligence,
22investigative, tactical, and technological services in support
23of law enforcement operations throughout the State of
24Illinois.
25    (b) (Blank).
26    (c) The Division of Criminal Investigation shall provide

 

 

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1statewide coordination and strategy pertaining to
2firearm-related intelligence, firearms trafficking
3interdiction, and investigations reaching across all divisions
4of the Illinois State Police, including providing crime gun
5intelligence support for suspects and firearms involved in
6firearms trafficking or the commission of a crime involving
7firearms that is investigated by the Illinois State Police and
8other federal, State, and local law enforcement agencies, with
9the objective of reducing and preventing illegal possession
10and use of firearms, firearms trafficking, firearm-related
11homicides, and other firearm-related violent crimes in
12Illinois.
13(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;
14102-1108, eff. 12-21-22; 102-1116, eff. 1-10-23.)
 
15    (20 ILCS 2605/2605-45)  (was 20 ILCS 2605/55a-5)
16    Sec. 2605-45. Division of Justice Services. The Division
17of Justice Services shall provide administrative and technical
18services and support to the Illinois State Police, criminal
19justice agencies, and the public and shall exercise the
20following functions:
21        (1) Operate and maintain the Law Enforcement Agencies
22    Data System (LEADS), a statewide, computerized
23    telecommunications system designed to provide services,
24    information, and capabilities to the law enforcement and
25    criminal justice community in the State of Illinois. The

 

 

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1    Director is responsible for establishing policy,
2    procedures, and regulations consistent with State and
3    federal rules, policies, and law by which LEADS operates.
4    The Director shall designate a statewide LEADS
5    Administrator for management of the system. The Director
6    may appoint a LEADS Advisory Policy Board to reflect the
7    needs and desires of the law enforcement and criminal
8    justice community and to make recommendations concerning
9    policies and procedures.
10        (2) Pursue research and the publication of studies
11    pertaining to local law enforcement activities.
12        (3) Serve as the State's point of contact for the
13    Federal Bureau of Investigation's Uniform Crime Reporting
14    Program and National Incident-Based Reporting System.
15        (4) Operate an electronic data processing and computer
16    center for the storage and retrieval of data pertaining to
17    criminal activity.
18        (5) Exercise the rights, powers, and duties vested in
19    the Illinois State Police by the Cannabis Regulation and
20    Tax Act and the Compassionate Use of Medical Cannabis
21    Program Act.
22        (6) (Blank).
23        (6.5) Exercise the rights, powers, and duties vested
24    in the Illinois State Police by the Firearm Owners
25    Identification Card Act, the Firearm Concealed Carry Act,
26    the Firearm Transfer Inquiry Program, the prohibited

 

 

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1    persons portal, and the Firearm Dealer License
2    Certification Act.
3        (7) Exercise other duties that may be assigned by the
4    Director to fulfill the responsibilities and achieve the
5    purposes of the Illinois State Police.
6        (8) Exercise the rights, powers, and duties vested by
7    law in the Illinois State Police by the Criminal
8    Identification Act and the Illinois Uniform Conviction
9    Information Act.
10        (9) Exercise the powers and perform the duties that
11    have been vested in the Illinois State Police by the
12    Arsonist Registration Act, the Murderer and Violent
13    Offender Against Youth Registration Act, the Sex Offender
14    Registration Act, and the Sex Offender Community
15    Notification Law and adopt reasonable rules necessitated
16    thereby.
17        (10) Serve as the State central repository for
18    criminal history record information.
19        (11) Liaise with the Concealed Carry Licensing Review
20    Board and the Firearms Owner's Identification Card Review
21    Board.
22(Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21.)
 
23    (20 ILCS 2605/2605-51)
24    Sec. 2605-51. Division of the Academy and Training.
25    (a) The Division of the Academy and Training shall

 

 

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1exercise, but not be limited to, the following functions:
2        (1) Oversee and operate the Illinois State Police
3    Training Academy.
4        (2) Train and prepare new officers for a career in law
5    enforcement, with innovative, quality training and
6    educational practices.
7        (3) Offer continuing training and educational programs
8    for Illinois State Police employees.
9        (4) Oversee the Illinois State Police's recruitment
10    initiatives.
11        (5) Oversee and operate the Illinois State Police's
12    quartermaster.
13        (6) Duties assigned to the Illinois State Police in
14    Article 5, Chapter 11 of the Illinois Vehicle Code
15    concerning testing and training officers on the detection
16    of impaired driving.
17        (7) Duties assigned to the Illinois State Police in
18    Article 108B of the Code of Criminal Procedure.
19    (b) The Division of the Academy and Training shall
20exercise the rights, powers, and duties vested in the former
21Division of State Troopers by Section 17 of the Illinois State
22Police Act.
23    (c) Specialized training.
24        (1) Training; cultural diversity. The Division of the
25    Academy and Training shall provide training and continuing
26    education to State police officers concerning cultural

 

 

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1    diversity, including sensitivity toward racial and ethnic
2    differences. This training and continuing education shall
3    include, but not be limited to, an emphasis on the fact
4    that the primary purpose of enforcement of the Illinois
5    Vehicle Code is safety and equal and uniform enforcement
6    under the law.
7        (2) Training; death and homicide investigations. The
8    Division of the Academy and Training shall provide
9    training in death and homicide investigation for State
10    police officers. Only State police officers who
11    successfully complete the training may be assigned as lead
12    investigators in death and homicide investigations.
13    Satisfactory completion of the training shall be evidenced
14    by a certificate issued to the officer by the Division of
15    the Academy and Training. The Director shall develop a
16    process for waiver applications for officers whose prior
17    training and experience as homicide investigators may
18    qualify them for a waiver. The Director may issue a
19    waiver, at his or her discretion, based solely on the
20    prior training and experience of an officer as a homicide
21    investigator.
22            (A) The Division shall require all homicide
23        investigator training to include instruction on
24        victim-centered, trauma-informed investigation. This
25        training must be implemented by July 1, 2023.
26            (B) The Division shall cooperate with the Division

 

 

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1        of Criminal Investigation to develop a model
2        curriculum on victim-centered, trauma-informed
3        investigation. This curriculum must be implemented by
4        July 1, 2023.
5        (3) Training; police dog training standards. All
6    police dogs used by the Illinois State Police for drug
7    enforcement purposes pursuant to the Cannabis Control Act,
8    the Illinois Controlled Substances Act, and the
9    Methamphetamine Control and Community Protection Act shall
10    be trained by programs that meet the certification
11    requirements set by the Director or the Director's
12    designee. Satisfactory completion of the training shall be
13    evidenced by a certificate issued by the Division of the
14    Academy and Training.
15        (4) Training; post-traumatic stress disorder. The
16    Division of the Academy and Training shall conduct or
17    approve a training program in post-traumatic stress
18    disorder for State police officers. The purpose of that
19    training shall be to equip State police officers to
20    identify the symptoms of post-traumatic stress disorder
21    and to respond appropriately to individuals exhibiting
22    those symptoms.
23        (5) Training; opioid antagonists. The Division of the
24    Academy and Training shall conduct or approve a training
25    program for State police officers in the administration of
26    opioid antagonists as defined in paragraph (1) of

 

 

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1    subsection (e) of Section 5-23 of the Substance Use
2    Disorder Act that is in accordance with that Section. As
3    used in this Section, "State police officers" includes
4    full-time or part-time State police officers,
5    investigators, and any other employee of the Illinois
6    State Police exercising the powers of a peace officer.
7        (6) Training; sexual assault and sexual abuse.
8            (A) Every 3 years, the Division of the Academy and
9        Training shall present in-service training on sexual
10        assault and sexual abuse response and report writing
11        training requirements, including, but not limited to,
12        the following:
13                (i) recognizing the symptoms of trauma;
14                (ii) understanding the role trauma has played
15            in a victim's life;
16                (iii) responding to the needs and concerns of
17            a victim;
18                (iv) delivering services in a compassionate,
19            sensitive, and nonjudgmental manner;
20                (v) interviewing techniques in accordance with
21            the curriculum standards in this paragraph (6);
22                (vi) understanding cultural perceptions and
23            common myths of sexual assault and sexual abuse;
24            and
25                (vii) report writing techniques in accordance
26            with the curriculum standards in this paragraph

 

 

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1            (6).
2            (B) This training must also be presented in all
3        full and part-time basic law enforcement academies.
4            (C) Instructors providing this training shall have
5        successfully completed training on evidence-based,
6        trauma-informed, victim-centered responses to cases of
7        sexual assault and sexual abuse and have experience
8        responding to sexual assault and sexual abuse cases.
9            (D) The Illinois State Police shall adopt rules,
10        in consultation with the Office of the Attorney
11        General and the Illinois Law Enforcement Training
12        Standards Board, to determine the specific training
13        requirements for these courses, including, but not
14        limited to, the following:
15                (i) evidence-based curriculum standards for
16            report writing and immediate response to sexual
17            assault and sexual abuse, including
18            trauma-informed, victim-centered interview
19            techniques, which have been demonstrated to
20            minimize retraumatization, for all State police
21            officers; and
22                (ii) evidence-based curriculum standards for
23            trauma-informed, victim-centered investigation
24            and interviewing techniques, which have been
25            demonstrated to minimize retraumatization, for
26            cases of sexual assault and sexual abuse for all

 

 

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1            State police officers who conduct sexual assault
2            and sexual abuse investigations.
3        (7) Training; human trafficking. The Division of the
4    Academy and Training shall conduct or approve a training
5    program in the detection and investigation of all forms of
6    human trafficking, including, but not limited to,
7    involuntary servitude under subsection (b) of Section 10-9
8    of the Criminal Code of 2012, involuntary sexual servitude
9    of a minor under subsection (c) of Section 10-9 of the
10    Criminal Code of 2012, and trafficking in persons under
11    subsection (d) of Section 10-9 of the Criminal Code of
12    2012. This program shall be made available to all cadets
13    and State police officers.
14        (8) Training; hate crimes. The Division of the Academy
15    and Training shall provide training for State police
16    officers in identifying, responding to, and reporting all
17    hate crimes.
18    (d) The Division of the Academy and Training shall
19administer and conduct a program consistent with 18 U.S.C.
20926B and 926C for qualified active and retired state police
21officers.
22(Source: P.A. 102-538, eff. 8-20-21; 102-756, eff. 5-10-22;
23102-813, eff. 5-13-22.)
 
24    (20 ILCS 2605/2605-52)
25    Sec. 2605-52. Division of Statewide 9-1-1.

 

 

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1    (a) There shall be established an Office of the Statewide
29-1-1 Administrator within the Division of Statewide 9-1-1.
3Beginning January 1, 2016, the Office of the Statewide 9-1-1
4Administrator shall be responsible for developing,
5implementing, and overseeing a uniform statewide 9-1-1 system
6for all areas of the State outside of municipalities having a
7population over 500,000.
8    (b) The Governor shall appoint, with the advice and
9consent of the Senate, a Statewide 9-1-1 Administrator. The
10Administrator shall serve for a term of 2 years, and until a
11successor is appointed and qualified; except that the term of
12the first 9-1-1 Administrator appointed under this Act shall
13expire on the third Monday in January, 2017. The Administrator
14shall not hold any other remunerative public office. The
15Administrator shall receive an annual salary as set by the
16Governor.
17    (c) The Illinois State Police, from appropriations made to
18it for that purpose, shall make grants to 9-1-1 Authorities
19for the purpose of defraying costs associated with 9-1-1
20system consolidations awarded by the Administrator under
21Section 15.4b of the Emergency Telephone System Act.
22    (d) Division of Statewide 9-1-1 shall exercise the rights,
23powers, and duties vested by law in the Illinois State Police
24by the State Police Radio Act and shall oversee the Illinois
25State Police radio network, including ISPERN and STARCOM21.
26    (e) The Division of Statewide 9-1-1 shall also conduct the

 

 

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1following communication activities:
2        (1) Acquire and operate one or more radio broadcasting
3    stations in the State to be used for police purposes.
4        (2) Operate a statewide communications network to
5    gather and disseminate information for law enforcement
6    agencies.
7        (3) Undertake other communication activities that may
8    be required by law.
9        (4) Oversee Illinois State Police telecommunications.
10    (f) The Division of Statewide 9-1-1 shall oversee the
11Illinois State Police fleet operations.
12(Source: P.A. 102-538, eff. 8-20-21.)
 
13    (20 ILCS 2605/2605-200)  (was 20 ILCS 2605/55a in part)
14    Sec. 2605-200. Investigations of crime; enforcement of
15laws; records; crime laboratories; personnel.
16    (a) To do the following:
17        (1) Investigate the origins, activities, personnel,
18    and incidents of crime and the ways and means to redress
19    the victims of crimes; study the impact, if any, of
20    legislation relative to the effusion of crime and growing
21    crime rates; and enforce the criminal laws of this State
22    related thereto.
23        (2) Enforce all laws regulating the production, sale,
24    prescribing, manufacturing, administering, transporting,
25    having in possession, dispensing, delivering,

 

 

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1    distributing, or use of controlled substances and
2    cannabis.
3        (3) Employ skilled experts, scientists, technicians,
4    investigators, or otherwise specially qualified persons to
5    aid in preventing or detecting crime, apprehending
6    criminals, or preparing and presenting evidence of
7    violations of the criminal laws of the State.
8        (4) Cooperate with the police of cities, villages, and
9    incorporated towns and with the police officers of any
10    county in enforcing the laws of the State and in making
11    arrests and recovering property.
12        (5) Apprehend and deliver up any person charged in
13    this State or any other state of the United States with
14    treason or a felony or other crime who has fled from
15    justice and is found in this State.
16        (6) Conduct other investigations as provided by law.
17        (7) Be a central repository and custodian of criminal
18    statistics for the State.
19        (8) Be a central repository for criminal history
20    record information.
21        (9) Procure and file for record information that is
22    necessary and helpful to plan programs of crime
23    prevention, law enforcement, and criminal justice.
24        (10) Procure and file for record copies of
25    fingerprints that may be required by law.
26        (11) Establish general and field crime laboratories.

 

 

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1        (12) Register and file for record information that may
2    be required by law for the issuance of firearm owner's
3    identification cards under the Firearm Owners
4    Identification Card Act and concealed carry licenses under
5    the Firearm Concealed Carry Act.
6        (13) Employ laboratory technicians and other specially
7    qualified persons to aid in the identification of criminal
8    activity and the identification, collection, and recovery
9    of cyber forensics, including, but not limited to, digital
10    evidence, and may employ polygraph operators and forensic
11    anthropologists.
12        (14) Undertake other identification, information,
13    laboratory, statistical, or registration activities that
14    may be required by law.
15    (b) Persons exercising the powers set forth in subsection
16(a) within the Illinois State Police are conservators of the
17peace and as such have all the powers possessed by policemen in
18cities and sheriffs, except that they may exercise those
19powers anywhere in the State in cooperation with and after
20contact with the local law enforcement officials. Those
21persons may use false or fictitious names in the performance
22of their duties under this Section, upon approval of the
23Director, and shall not be subject to prosecution under the
24criminal laws for that use.
25(Source: P.A. 102-538, eff. 8-20-21.)
 

 

 

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1    Section 10. The State Finance Act is amended by changing
2Section 6z-82 as follows:
 
3    (30 ILCS 105/6z-82)
4    Sec. 6z-82. State Police Operations Assistance Fund.
5    (a) There is created in the State treasury a special fund
6known as the State Police Operations Assistance Fund. The Fund
7shall receive revenue under the Criminal and Traffic
8Assessment Act. The Fund may also receive revenue from grants,
9donations, appropriations, and any other legal source.
10    (a-5) Notwithstanding any other provision of law to the
11contrary, and in addition to any other transfers that may be
12provided by law, on August 20, 2021 (the effective date of
13Public Act 102-505), or as soon thereafter as practical, the
14State Comptroller shall direct and the State Treasurer shall
15transfer the remaining balance from the Over Dimensional Load
16Police Escort Fund into the State Police Operations Assistance
17Fund. Upon completion of the transfer, the Over Dimensional
18Load Police Escort Fund is dissolved, and any future deposits
19due to that Fund and any outstanding obligations or
20liabilities of that Fund shall pass to the State Police
21Operations Assistance Fund.
22    This Fund may charge, collect, and receive fees or moneys
23as described in Section 15-312 of the Illinois Vehicle Code,
24and receive all fees received by the Illinois State Police
25under that Section. The moneys shall be used by the Illinois

 

 

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1State Police for its expenses in providing police escorts and
2commercial vehicle enforcement activities.
3    (b) The Illinois State Police may use moneys in the Fund to
4finance any of its lawful purposes or functions.
5    (c) Expenditures may be made from the Fund only as
6appropriated by the General Assembly by law.
7    (d) Investment income that is attributable to the
8investment of moneys in the Fund shall be retained in the Fund
9for the uses specified in this Section.
10    (e) The State Police Operations Assistance Fund shall not
11be subject to administrative chargebacks.
12    (f) (Blank).
13    (g) Notwithstanding any other provision of State law to
14the contrary, on or after July 1, 2021, in addition to any
15other transfers that may be provided for by law, at the
16direction of and upon notification from the Director of the
17Illinois State Police, the State Comptroller shall direct and
18the State Treasurer shall transfer amounts not exceeding
19$7,000,000 into the State Police Operations Assistance Fund
20from the State Police Services Fund.
21    (h) Notwithstanding any other provision of law, in
22addition to any other transfers that may be provided by law, on
23the effective date of this amendatory Act of the 103rd General
24Assembly, or as soon thereafter as practical, the State
25Comptroller shall direct and the State Treasurer shall
26transfer the remaining balance from the State Police

 

 

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1Streetgang-Related Crime Fund to the State Police Operations
2Assistance Fund. Upon completion of the transfers, the State
3Police Streetgang-Related Crime Fund is dissolved, and any
4future deposits into the State Police Streetgang-Related Crime
5Fund and any outstanding obligations or liabilities of the
6State Police Streetgang-Related Crime Fund pass to the State
7Police Operations Assistance Fund.
8(Source: P.A. 102-16, eff. 6-17-21; 102-505, eff. 8-20-21;
9102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
10    (30 ILCS 105/5.783 rep.)
11    (30 ILCS 105/8p rep.)
12    Section 15. The State Finance Act is amended by repealing
13Sections 5.783 and 8p.
 
14    Section 20. The Intergovernmental Missing Child Recovery
15Act of 1984 is amended by changing Section 6 as follows:
 
16    (325 ILCS 40/6)  (from Ch. 23, par. 2256)
17    Sec. 6. The Illinois State Police shall:
18    (a) Utilize the statewide Law Enforcement Agencies Data
19System (LEADS) for the purpose of effecting an immediate law
20enforcement response to reports of missing children. The
21Illinois State Police shall implement an automated data
22exchange system to compile, to maintain and to make available
23for dissemination to Illinois and out-of-State law enforcement

 

 

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1agencies, data which can assist appropriate agencies in
2recovering missing children.
3    (b) Establish contacts and exchange information regarding
4lost, missing or runaway children with nationally recognized
5"missing person and runaway" service organizations and monitor
6national research and publicize important developments.
7    (c) Provide a uniform reporting format for the entry of
8pertinent information regarding reports of missing children
9into LEADS.
10    (d) Develop and implement a policy whereby a statewide or
11regional alert would be used in situations relating to the
12disappearances of children, based on criteria and in a format
13established by the Illinois State Police. Such a format shall
14include, but not be limited to, the age and physical
15description of the missing child and the suspected
16circumstances of the disappearance.
17    (e) Notify all law enforcement agencies that reports of
18missing persons shall be entered as soon as the minimum level
19of data specified by the Illinois State Police is available to
20the reporting agency and that no waiting period for entry of
21such data exists.
22    (f) Provide a procedure for prompt confirmation of the
23receipt and entry of the missing child report into LEADS to the
24parent or guardian of the missing child.
25    (g) Compile and retain information regarding missing
26children in a separate data file, in a manner that allows such

 

 

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1information to be used by law enforcement and other agencies
2deemed appropriate by the Director, for investigative
3purposes. Such files shall be updated to reflect and include
4information relating to the disposition of the case.
5    (h) Compile and maintain an historic data repository
6relating to missing children in order (1) to develop and
7improve techniques utilized by law enforcement agencies when
8responding to reports of missing children and (2) to provide a
9factual and statistical base for research that would address
10the problem of missing children.
11    (i) Create a quality control program to assess the monitor
12timeliness of entries of missing children reports into LEADS
13and conduct performance audits of all entering agencies.
14    (j) Prepare a periodic information bulletin concerning
15missing children who it determines may be present in this
16State, compiling such bulletin from information contained in
17both the National Crime Information Center computer and from
18reports, alerts and other information entered into LEADS or
19otherwise compiled and retained by the Illinois State Police
20pursuant to this Act. The bulletin shall indicate the name,
21age, physical description, suspected circumstances of
22disappearance if that information is available, a photograph
23if one is available, the name of the law enforcement agency
24investigating the case, and such other information as the
25Director considers appropriate concerning each missing child
26who the Illinois State Police determines may be present in

 

 

HB2412- 24 -LRB103 05885 RLC 56341 b

1this State. The Illinois State Police shall send a copy of each
2periodic information bulletin to the State Board of Education
3for its use in accordance with Section 2-3.48 of the School
4Code. The Illinois State Police shall provide a copy of the
5bulletin, upon request, to law enforcement agencies of this or
6any other state or of the federal government, and may provide a
7copy of the bulletin, upon request, to other persons or
8entities, if deemed appropriate by the Director, and may
9establish limitations on its use and a reasonable fee for so
10providing the same, except that no fee shall be charged for
11providing the periodic information bulletin to the State Board
12of Education, appropriate units of local government, State
13agencies, or law enforcement agencies of this or any other
14state or of the federal government.
15    (k) Provide for the entry into LEADS of the names and
16addresses of sex offenders as defined in the Sex Offender
17Registration Act who are required to register under that Act.
18The information shall be immediately accessible to law
19enforcement agencies and peace officers of this State or any
20other state or of the federal government. Similar information
21may be requested from any other state or of the federal
22government for purposes of this Act.
23    (l) Provide for the entry into LEADS of the names and
24addresses of violent offenders against youth as defined in the
25Murderer and Violent Offender Against Youth Registration Act
26who are required to register under that Act. The information

 

 

HB2412- 25 -LRB103 05885 RLC 56341 b

1shall be immediately accessible to law enforcement agencies
2and peace officers of this State or any other state or of the
3federal government. Similar information may be requested from
4any other state or of the federal government for purposes of
5this Act.
6(Source: P.A. 102-538, eff. 8-20-21.)
 
7    Section 25. The School Code is amended by changing Section
810-27.1A as follows:
 
9    (105 ILCS 5/10-27.1A)
10    Sec. 10-27.1A. Firearms in schools.
11    (a) All school officials, including teachers, school
12counselors, and support staff, shall immediately notify the
13office of the principal in the event that they observe any
14person in possession of a firearm on school grounds; provided
15that taking such immediate action to notify the office of the
16principal would not immediately endanger the health, safety,
17or welfare of students who are under the direct supervision of
18the school official or the school official. If the health,
19safety, or welfare of students under the direct supervision of
20the school official or of the school official is immediately
21endangered, the school official shall notify the office of the
22principal as soon as the students under his or her supervision
23and he or she are no longer under immediate danger. A report is
24not required by this Section when the school official knows

 

 

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1that the person in possession of the firearm is a law
2enforcement official engaged in the conduct of his or her
3official duties. Any school official acting in good faith who
4makes such a report under this Section shall have immunity
5from any civil or criminal liability that might otherwise be
6incurred as a result of making the report. The identity of the
7school official making such report shall not be disclosed
8except as expressly and specifically authorized by law.
9Knowingly and willfully failing to comply with this Section is
10a petty offense. A second or subsequent offense is a Class C
11misdemeanor.
12    (b) Upon receiving a report from any school official
13pursuant to this Section, or from any other person, the
14principal or his or her designee shall immediately notify a
15local law enforcement agency. If the person found to be in
16possession of a firearm on school grounds is a student, the
17principal or his or her designee shall also immediately notify
18that student's parent or guardian. Any principal or his or her
19designee acting in good faith who makes such reports under
20this Section shall have immunity from any civil or criminal
21liability that might otherwise be incurred or imposed as a
22result of making the reports. Knowingly and willfully failing
23to comply with this Section is a petty offense. A second or
24subsequent offense is a Class C misdemeanor. If the person
25found to be in possession of the firearm on school grounds is a
26minor, the law enforcement agency shall detain that minor

 

 

HB2412- 27 -LRB103 05885 RLC 56341 b

1until such time as the agency makes a determination pursuant
2to clause (a) of subsection (1) of Section 5-401 of the
3Juvenile Court Act of 1987, as to whether the agency
4reasonably believes that the minor is delinquent. If the law
5enforcement agency determines that probable cause exists to
6believe that the minor committed a violation of item (4) of
7subsection (a) of Section 24-1 of the Criminal Code of 2012
8while on school grounds, the agency shall detain the minor for
9processing pursuant to Section 5-407 of the Juvenile Court Act
10of 1987.
11    (c) On or after January 1, 1997, upon receipt of any
12written, electronic, or verbal report from any school
13personnel regarding a verified incident involving a firearm in
14a school or on school owned or leased property, including any
15conveyance owned, leased, or used by the school for the
16transport of students or school personnel, the superintendent
17or his or her designee shall report all such firearm-related
18incidents occurring in a school or on school property to the
19local law enforcement authorities immediately, who shall
20report and to the Illinois State Police in a form, manner, and
21frequency as prescribed by the Illinois State Police.
22    The State Board of Education shall receive an annual
23statistical compilation and related data associated with
24incidents involving firearms in schools from the Illinois
25State Police. The State Board of Education shall compile this
26information by school district and make it available to the

 

 

HB2412- 28 -LRB103 05885 RLC 56341 b

1public.
2    (d) As used in this Section, the term "firearm" shall have
3the meaning ascribed to it in Section 1.1 of the Firearm Owners
4Identification Card Act.
5    As used in this Section, the term "school" means any
6public or private elementary or secondary school.
7    As used in this Section, the term "school grounds"
8includes the real property comprising any school, any
9conveyance owned, leased, or contracted by a school to
10transport students to or from school or a school-related
11activity, or any public way within 1,000 feet of the real
12property comprising any school.
13(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21;
14102-813, eff. 5-13-22.)
 
15    Section 30. The Sex Offender Registration Act is amended
16by changing Section 11 as follows:
 
17    (730 ILCS 150/11)
18    Sec. 11. Offender Registration Fund. There is created the
19Offender Registration Fund (formerly known as the Sex Offender
20Registration Fund). Moneys in the Fund shall be used to cover
21costs incurred by the criminal justice system to administer
22this Article and the Murderer and Violent Offender Against
23Youth Registration Act, and for purposes as authorized under
24this Section 5-9-1.15 of the Unified Code of Corrections. The

 

 

HB2412- 29 -LRB103 05885 RLC 56341 b

1Illinois State Police shall establish and promulgate rules and
2procedures regarding the administration of this Fund. Fifty
3percent of the moneys in the Fund shall be allocated by the
4Department for sheriffs' offices and police departments. The
5remaining moneys in the Fund received under this amendatory
6Act of the 101st General Assembly shall be allocated to the
7Illinois State Police for education and administration of the
8Act.
9    Notwithstanding any other provision of law, in addition to
10any other transfers that may be provided by law, on the
11effective date of this amendatory Act of the 103rd General
12Assembly, or as soon thereafter as practical, the State
13Comptroller shall direct and the State Treasurer shall
14transfer the remaining balance from the Sex Offender
15Investigation Fund to the Offender Registration Fund. Upon
16completion of the transfers, the Sex Offender Investigation
17Fund is dissolved, and any future deposits into the Sex
18Offender Investigation Fund and any outstanding obligations or
19liabilities of the Sex Offender Investigation Fund pass to the
20Offender Registration Fund. Subject to appropriation, moneys
21in the Offender Registration Fund received under this Section
22shall be used by the Illinois State Police for purposes
23authorized under this Section.
24(Source: P.A. 101-571, eff. 8-23-19; 102-538, eff. 8-20-21.)
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law, except that Sections 5, 15, and 20 take effect

 

 

HB2412- 30 -LRB103 05885 RLC 56341 b

1January 1, 2024.

 

 

HB2412- 31 -LRB103 05885 RLC 56341 b

1 INDEX
2 Statutes amended in order of appearance
3    20 ILCS 2605/2605-10was 20 ILCS 2605/55a in part
4    20 ILCS 2605/2605-30was 20 ILCS 2605/55a-2
5    20 ILCS 2605/2605-35was 20 ILCS 2605/55a-3
6    20 ILCS 2605/2605-45was 20 ILCS 2605/55a-5
7    20 ILCS 2605/2605-51
8    20 ILCS 2605/2605-52
9    20 ILCS 2605/2605-200was 20 ILCS 2605/55a in part
10    30 ILCS 105/6z-82
11    30 ILCS 105/5.783 rep.
12    30 ILCS 105/8p rep.
13    325 ILCS 40/6from Ch. 23, par. 2256
14    105 ILCS 5/10-27.1A
15    730 ILCS 150/11