Full Text of HB4203 94th General Assembly
HB4203ham002 94TH GENERAL ASSEMBLY
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Rep. Dan Brady
Filed: 2/24/2006
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09400HB4203ham002 |
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LRB094 15317 RLC 56533 a |
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| AMENDMENT TO HOUSE BILL 4203
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| AMENDMENT NO. ______. Amend House Bill 4203 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Missing Persons Identification Act. | 6 |
| Section 5. Missing person reports. | 7 |
| (a) Report acceptance. All law enforcement agencies shall | 8 |
| accept without delay any report of a missing person. Acceptance | 9 |
| of a missing person report filed in person may not be refused | 10 |
| on any ground. No law enforcement agency may refuse to accept a | 11 |
| missing person report: | 12 |
| (1) on the basis that the missing person is an adult; | 13 |
| (2) on the basis that the circumstances do not indicate | 14 |
| foul play; | 15 |
| (3) on the basis that the person has been missing for a | 16 |
| short period of time; | 17 |
| (4) on the basis that the person has been missing a | 18 |
| long period of time; | 19 |
| (5) on the basis that there is no indication that the | 20 |
| missing person was in the jurisdiction served by the law | 21 |
| enforcement agency at the time of the disappearance; | 22 |
| (6) on the basis that the circumstances suggest that | 23 |
| the disappearance may be voluntary; | 24 |
| (7) on the basis that the reporting individual does not |
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| have personal knowledge of the facts; | 2 |
| (8) on the basis that the reporting individual cannot | 3 |
| provide all of the information requested by the law | 4 |
| enforcement agency; | 5 |
| (9) on the basis that the reporting individual lacks a | 6 |
| familial or other relationship with the missing person; or | 7 |
| (10) for any other reason. | 8 |
| (b) Manner of reporting. All law enforcement agencies shall | 9 |
| accept missing person reports in person. Law enforcement | 10 |
| agencies are encouraged to accept reports by phone or by | 11 |
| electronic or other media to the extent that such reporting is | 12 |
| consistent with law enforcement policies or practices. | 13 |
| (c) Contents of report. In accepting a report of a missing | 14 |
| person, the law enforcement agency shall attempt to gather | 15 |
| relevant information relating to the disappearance. The law | 16 |
| enforcement agency shall attempt to gather at the time of the | 17 |
| report information that shall include, but shall not be limited | 18 |
| to, the following: | 19 |
| (1) the name of the missing person, including | 20 |
| alternative names used; | 21 |
| (2) the missing person's date of birth; | 22 |
| (3) the missing person's identifying marks, such as | 23 |
| birthmarks, moles, tattoos, and scars; | 24 |
| (4) the missing person's height and weight; | 25 |
| (5) the missing person's gender; | 26 |
| (6) the missing person's race; | 27 |
| (7) the missing person's current hair color and true or | 28 |
| natural hair color; | 29 |
| (8) the missing person's eye color; | 30 |
| (9) the missing person's prosthetics, surgical | 31 |
| implants, or cosmetic implants; | 32 |
| (10) the missing person's physical anomalies; | 33 |
| (11) the missing person's blood type, if known; | 34 |
| (12) the missing person's drivers license number, if |
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| known; | 2 |
| (13) the missing person's social security number, if | 3 |
| known; | 4 |
| (14) a photograph of the missing person; recent | 5 |
| photographs are preferable and the agency is encouraged to | 6 |
| attempt to ascertain the approximate date the photograph | 7 |
| was taken; | 8 |
| (15) a description of the clothing the missing person | 9 |
| was believed to be wearing; | 10 |
| (16) a description of items that might be with the | 11 |
| missing person, such as jewelry, accessories, and shoes or | 12 |
| boots; | 13 |
| (17) information on the missing person's electronic | 14 |
| communications devices, such as cellular telephone numbers | 15 |
| and e-mail addresses; | 16 |
| (18) the reasons why the reporting individual believes | 17 |
| that the person is missing; | 18 |
| (19)
the name and location of the missing person's | 19 |
| school or employer, if known;
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| (20) the name and location of the missing person's | 21 |
| dentist or primary care physician, or both, if known; | 22 |
| (21) any circumstances that may indicate that the | 23 |
| disappearance was not voluntary; | 24 |
| (22) any circumstances that may indicate that the | 25 |
| missing person may be at risk of injury or death; | 26 |
| (23) a description of the possible means of | 27 |
| transportation of the missing person, including make, | 28 |
| model, color, license number, and Vehicle Identification | 29 |
| Number of a vehicle; | 30 |
| (24) any identifying information about a known or | 31 |
| possible abductor or person last seen with the missing | 32 |
| person, or both, including: | 33 |
| (A) name; | 34 |
| (B) a physical description; |
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| (C) date of birth; | 2 |
| (D) identifying marks; | 3 |
| (E) the description of possible means of | 4 |
| transportation, including make, model, color, license | 5 |
| number, and Vehicle Identification Number of a | 6 |
| vehicle; | 7 |
| (F) known associates; | 8 |
| (25) any other information that may aid in locating the | 9 |
| missing person; and | 10 |
| (26) the date of last contact. | 11 |
| (d) Notification and follow up action. | 12 |
| (1) Notification. The law enforcement agency shall | 13 |
| notify the person making the report, a family member, or | 14 |
| other person in a position to assist the law enforcement | 15 |
| agency in its efforts to locate the missing person of the | 16 |
| following: | 17 |
| (A) general information about the handling of the | 18 |
| missing person case or about intended efforts in the | 19 |
| case to the extent that the law enforcement agency | 20 |
| determines that disclosure would not adversely affect | 21 |
| its ability to locate or protect the missing person or | 22 |
| to apprehend or prosecute any person criminally | 23 |
| involved in the disappearance; | 24 |
| (B) that the person should promptly contact the law | 25 |
| enforcement agency if the missing person remains | 26 |
| missing in order to provide additional information and | 27 |
| materials that will aid in locating the missing person | 28 |
| such as the missing person's credit cards, debit cards, | 29 |
| banking information, and cellular telephone records; | 30 |
| and | 31 |
| (C) that any DNA samples provided for the missing | 32 |
| person case are provided on a voluntary basis and will | 33 |
| be used solely to help locate or identify the missing | 34 |
| person and will not be used for any other purpose. |
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| The law enforcement agency, upon acceptance of a | 2 |
| missing person report, shall inform the reporting citizen | 3 |
| of one of 2 resources, based upon the age of the missing | 4 |
| person. If the missing person is under 18 years of age, | 5 |
| contact information for the National Center for Missing and | 6 |
| Exploited Children shall be given. If the missing person is | 7 |
| age 18 or older, contact information for the National | 8 |
| Center for Missing Adults shall be given. | 9 |
| Agencies handling the remains of a missing person who | 10 |
| is deceased must notify the agency handling the missing | 11 |
| person's case. Documented efforts must be made to locate | 12 |
| family members of the deceased person to inform them of the | 13 |
| death and location of the remains of their family member. | 14 |
| The law enforcement agency is encouraged to make | 15 |
| available informational materials, through publications or | 16 |
| electronic or other media, that advise the public about how | 17 |
| the information or materials identified in this subsection | 18 |
| are used to help locate or identify missing persons. | 19 |
| (2) Follow up action. If the person identified in the | 20 |
| missing person report remain missing after 30 days, and the | 21 |
| additional information and materials specified below have | 22 |
| not been received, the law enforcement agency shall attempt | 23 |
| to obtain: | 24 |
| (A) DNA samples from family members or from the | 25 |
| missing person along with any needed documentation, or | 26 |
| both, including any consent forms, required for the use | 27 |
| of State or federal DNA databases, including, but not | 28 |
| limited to, the Local DNA Index System (LDIS), State | 29 |
| DNA Index System (SDIS), and National DNA Index System | 30 |
| (NDIS); | 31 |
| (B) an authorization to release dental or skeletal | 32 |
| x-rays of the missing person; | 33 |
| (C) any additional photographs of the missing | 34 |
| person that may aid the investigation or an |
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| identification; the law enforcement agency is not | 2 |
| required to obtain written authorization before it | 3 |
| releases publicly any photograph that would aid in the | 4 |
| investigation or identification of the missing person; | 5 |
| (D) dental information and x-rays; and | 6 |
| (E) fingerprints. | 7 |
| (3) All DNA samples obtained in missing person cases | 8 |
| shall be immediately forwarded to the Department of State | 9 |
| Police for analysis. The Department of State Police shall | 10 |
| establish procedures for determining how to prioritize | 11 |
| analysis of the samples relating to missing person cases. | 12 |
| (4) This subsection shall not be interpreted to | 13 |
| preclude a law enforcement agency from attempting to obtain | 14 |
| the materials identified in this subsection before the | 15 |
| expiration of the 30-day period. | 16 |
| Section 10. Law enforcement analysis and reporting of | 17 |
| missing person information. | 18 |
| (a) Prompt determination of high-risk missing person. | 19 |
| (1) Definition. "High-risk missing person" means a | 20 |
| person whose whereabouts are not currently known and whose | 21 |
| circumstances indicate that the person may be at risk of | 22 |
| injury or death. The circumstances that indicate that a | 23 |
| person is a high-risk missing person include, but are not | 24 |
| limited to, any of the following: | 25 |
| (A) the person is missing as a result of a stranger | 26 |
| abduction; | 27 |
| (B) the person is missing under suspicious | 28 |
| circumstances; | 29 |
| (C) the person is missing under unknown | 30 |
| circumstances; | 31 |
| (D) the person is missing under known dangerous | 32 |
| circumstances; | 33 |
| (E) the person is missing more than 30 days; |
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| (F) the person has already been designated as a | 2 |
| high-risk missing person by another law enforcement | 3 |
| agency; | 4 |
| (G) there is evidence that the person is at risk | 5 |
| because: | 6 |
| (i) the person is in need of medical attention | 7 |
| or prescription medication; | 8 |
| (ii) the person does not have a pattern of | 9 |
| running away or disappearing; | 10 |
| (iii) the person may have been abducted by a | 11 |
| non-custodial parent; | 12 |
| (iv) the person is mentally impaired; | 13 |
| (v) the person is under the age of 21; | 14 |
| (vi) the person has been the subject of past | 15 |
| threats or acts of violence; or | 16 |
| (H) any other factor that may, in the judgment of | 17 |
| the law enforcement official, indicate that the | 18 |
| missing person may be at risk. | 19 |
| (2) Law enforcement risk assessment. | 20 |
| (A) Upon initial receipt of a missing person | 21 |
| report, the law enforcement agency shall immediately | 22 |
| determine whether there is a basis to determine that | 23 |
| the missing person is a high-risk missing person. | 24 |
| (B) If a law enforcement agency has previously | 25 |
| determined that a missing person is not a high-risk | 26 |
| missing person, but obtains new information, it shall | 27 |
| immediately determine whether the information | 28 |
| indicates that the missing person is a high-risk | 29 |
| missing person. | 30 |
| (C) Law enforcement agencies are encouraged to | 31 |
| establish written protocols for the handling of | 32 |
| missing person cases to accomplish the purposes of this | 33 |
| Act. | 34 |
| (3) Law enforcement agency reports. |
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| (A) The responding local law enforcement agency | 2 |
| shall immediately enter all collected information | 3 |
| relating to the missing person case in the Law | 4 |
| Enforcement Agencies Data System (LEADS) and the | 5 |
| National Crime Information Center (NCIC) databases. | 6 |
| The information shall be provided in accordance with | 7 |
| applicable guidelines relating to the databases. The | 8 |
| information shall be entered as follows: | 9 |
| (i) All DNA profiles shall be uploaded into the | 10 |
| missing person databases of the State DNA Index | 11 |
| System (SDIS) and National DNA Index System (NDIS) | 12 |
| after completion of the DNA analysis and other | 13 |
| procedures required for database entry. | 14 |
| (ii) Information relevant to the Federal | 15 |
| Bureau of Investigation's Violent Criminal | 16 |
| Apprehension Program shall be entered as soon as | 17 |
| possible. | 18 |
| (iii) The Department of State Police shall | 19 |
| ensure that persons entering data relating to | 20 |
| medical or dental records in State or federal | 21 |
| databases are specifically trained to understand | 22 |
| and correctly enter the information sought by | 23 |
| these databases. The Department of State Police | 24 |
| shall either use a person with specific expertise | 25 |
| in
medical or dental records for this purpose or | 26 |
| consult with a chief medical examiner, forensic | 27 |
| anthropologist, or odontologist to ensure the | 28 |
| accuracy and completeness of information entered | 29 |
| into the State and federal databases.
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| (B) The Department of State Police shall | 31 |
| immediately notify all law enforcement agencies within | 32 |
| this State and the surrounding region of the | 33 |
| information that will aid in the prompt location and | 34 |
| safe return of the high-risk missing person. |
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| (C) The local law enforcement agencies that | 2 |
| receive the notification from the Department of State | 3 |
| Police shall notify officers to be on the lookout for | 4 |
| the missing person or a suspected abductor. | 5 |
| (D) Pursuant to any applicable State criteria, | 6 |
| local law enforcement agencies shall also provide for | 7 |
| the prompt use of an Amber Alert in cases involving | 8 |
| abducted children; or public dissemination of | 9 |
| photographs in appropriate high risk cases. | 10 |
| Section 15. Reporting of unidentified persons and human | 11 |
| remains. | 12 |
| (a) Handling of death scene investigations. | 13 |
| (1) The Department of State Police shall provide | 14 |
| information to local law enforcement agencies about best | 15 |
| practices for handling death scene investigations. | 16 |
| (2) The Department of State Police shall identify any | 17 |
| publications or training opportunities that may be | 18 |
| available to local law enforcement agencies or law | 19 |
| enforcement officers concerning the handling of death | 20 |
| scene investigations. | 21 |
| (b) Law enforcement reports. | 22 |
| (1) After performing any death scene investigation | 23 |
| deemed appropriate under the circumstances, the official | 24 |
| with custody of the human remains shall ensure that the | 25 |
| human remains are delivered to the coroner or medical | 26 |
| examiner of the county in which the deceased was found. | 27 |
| (2) Any person with custody of human remains that are | 28 |
| not identified within 24 hours of discovery shall promptly | 29 |
| notify the Department of State Police of the location of | 30 |
| those remains. | 31 |
| (3) If the person with custody of remains cannot | 32 |
| determine whether or not the remains found are human, the | 33 |
| person shall notify the Department of State Police of the |
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| existence of possible human remains. | 2 |
| Section 20. Unidentified persons or human remains | 3 |
| identification responsibilities. | 4 |
| (a) If the official with custody of human remains is not a | 5 |
| medical
examiner, the official shall promptly transfer the | 6 |
| unidentified remains to
the medical examiner or coroner of the | 7 |
| county in which the remains were found.
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| (b) Notwithstanding any other action deemed appropriate | 9 |
| for the handling of
the human remains, the medical examiner or | 10 |
| coroner shall make reasonable attempts
to promptly identify | 11 |
| human remains. These actions may include but
are not limited to | 12 |
| obtaining:
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| (1) photographs of the human remains (prior to an | 14 |
| autopsy); | 15 |
| (2) dental or skeletal X-rays; | 16 |
| (3) photographs of items found with the human remains; | 17 |
| (4) fingerprints from the remains, if possible; | 18 |
| (5) samples of tissue suitable for DNA typing, if | 19 |
| possible; | 20 |
| (6) samples of whole bone or hair suitable for DNA | 21 |
| typing, or both; | 22 |
| (7) any other information that may support | 23 |
| identification efforts. | 24 |
| (c) No medical examiner or coroner or any other person | 25 |
| shall dispose of, or engage in
actions that will materially | 26 |
| affect the unidentified human remains before
the medical | 27 |
| examiner or coroner obtains:
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| (1) samples suitable for DNA identification, | 29 |
| archiving; | 30 |
| (2) photographs of the unidentified person or human | 31 |
| remains; and | 32 |
| (3) all other appropriate steps for identification | 33 |
| have been exhausted. |
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| (d) Cremation of unidentified human remains is prohibited. | 2 |
| (e) The medical examiner or coroner or the
Department of | 3 |
| State Police shall make reasonable efforts to obtain
prompt DNA | 4 |
| analysis of biological samples if the human remains have
not | 5 |
| been identified by other means within 30 days.
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| (f) The medical examiner or coroner or the
Department of | 7 |
| State Police shall seek support from appropriate State
and | 8 |
| federal agencies for human remains identification efforts. | 9 |
| This
support may include, but is not be limited to, available | 10 |
| mitochondrial or
nuclear DNA testing, federal grants for DNA | 11 |
| testing, or federal grants for
crime laboratory or medical | 12 |
| examiner or coroner's office improvement.
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| (g) The Department of State Police
shall promptly enter | 14 |
| information in federal and State
databases that may aid in the | 15 |
| identification of human remains.
Information shall be entered | 16 |
| into federal databases as follows:
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| (1) information for the National Crime Information | 18 |
| Center shall be entered within 72
hours;
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| (2) DNA profiles and information shall be entered into | 20 |
| the National
DNA Index System (NDIS) within 5 business days | 21 |
| after the
completion of the DNA analysis and procedures | 22 |
| necessary for the
entry of the DNA profile; and
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| (3) information sought by the Violent Criminal | 24 |
| Apprehension
Program database shall be entered as soon as | 25 |
| practicable.
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| (h) If the Department of State Police does not input the | 27 |
| data directly into the
federal databases, the Department of | 28 |
| State Police shall consult with
the medical examiner or | 29 |
| coroner's office to ensure appropriate training of the data
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| entry personnel and the establishment of a quality assurance | 31 |
| protocol for
ensuring the ongoing quality of data entered in | 32 |
| the federal and State
databases.
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| (i) Nothing in this Act shall be interpreted to preclude | 34 |
| any medical examiner
or coroner's office, the Department of |
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| State Police, or a local law
enforcement agency from pursuing | 2 |
| other efforts to identify unidentified
human remains including | 3 |
| efforts to publicize information, descriptions, or
photographs | 4 |
| that may aid in the identification of the unidentified remains,
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| allow family members to identify missing person, and seek to | 6 |
| protect
the dignity of the missing person.
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| Section 95. The Department of State Police Law of the
Civil | 8 |
| Administrative Code of Illinois is amended by changing Section | 9 |
| 2605-375 as follows:
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| (20 ILCS 2605/2605-375) (was 20 ILCS 2605/55a in part)
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| Sec. 2605-375. Missing persons; Law Enforcement Agencies | 12 |
| Data System
(LEADS).
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| (a) To establish and maintain a statewide Law Enforcement
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| Agencies Data System (LEADS) for the purpose of providing | 15 |
| electronic access
by authorized entities to criminal justice | 16 |
| data repositories and effecting an
immediate law enforcement | 17 |
| response to reports of missing persons, including
lost, missing | 18 |
| or runaway minors and missing endangered seniors. The | 19 |
| Department shall implement an automatic
data exchange system to | 20 |
| compile, to maintain, and to make available to
other law
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| enforcement agencies for immediate dissemination data that can
| 22 |
| assist
appropriate agencies in recovering missing persons and | 23 |
| provide access by
authorized entities to various data | 24 |
| repositories available through LEADS for
criminal justice and | 25 |
| related purposes. To assist the Department in
this effort, | 26 |
| funds may be appropriated from the LEADS Maintenance Fund.
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| (b) In exercising its duties under this Section, the
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| Department shall provide
do the following:
(1) Provide a | 29 |
| uniform reporting format (LEADS) for the entry of pertinent
| 30 |
| information regarding the report of a missing person into | 31 |
| LEADS. The report must include all of the following:
| 32 |
| (1)
(A) Relevant information obtained from the |
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| notification concerning the missing person, including all | 2 |
| of the following: | 3 |
| (A)
(i) a physical description of the missing | 4 |
| person; | 5 |
| (B)
(ii) the date, time, and place that the missing | 6 |
| person was last seen; and | 7 |
| (C)
(iii) the missing person's address. | 8 |
| (2)
(B) Information gathered by a preliminary | 9 |
| investigation, if one was made. | 10 |
| (3)
(C) A statement by the law enforcement officer in | 11 |
| charge stating the officer's assessment of the case based | 12 |
| on the evidence and information received. | 13 |
| (b-5) The Department of State Police shall :
prepare the | 14 |
| report required by this paragraph (1) as soon as practical, but | 15 |
| not later than 5 hours after the Department receives | 16 |
| notification of a missing person.
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| (1)
(2) Develop and implement a policy whereby a | 18 |
| statewide or regional alert
would be used in situations | 19 |
| relating to the disappearances of individuals,
based on | 20 |
| criteria and in a format established by the Department. | 21 |
| Such a
format shall include, but not be limited to, the age | 22 |
| of the missing person
and the suspected circumstance of the | 23 |
| disappearance.
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| (2)
(3) Notify all law enforcement agencies that | 25 |
| reports of missing persons
shall be entered as soon as the | 26 |
| minimum level of data specified by the
Department is | 27 |
| available to the reporting agency and that no waiting | 28 |
| period
for the entry of the data exists.
| 29 |
| (3)
(4) Compile and retain information regarding lost, | 30 |
| abducted, missing,
or
runaway minors in a separate data | 31 |
| file, in a manner that allows that
information to be used | 32 |
| by law enforcement and other agencies deemed
appropriate by | 33 |
| the Director, for investigative purposes. The
information
| 34 |
| shall include the disposition of all reported lost, |
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| abducted, missing, or
runaway minor cases.
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| (4)
(5) Compile and maintain an historic data | 3 |
| repository relating to lost,
abducted, missing, or runaway | 4 |
| minors and other missing persons, including, but not | 5 |
| limited to, missing endangered seniors, in order to
develop | 6 |
| and improve techniques utilized by law enforcement | 7 |
| agencies when
responding to reports of missing persons.
| 8 |
| (5)
(6) Create a quality control program regarding | 9 |
| confirmation of missing
person data, timeliness of entries | 10 |
| of missing person reports into LEADS,
and
performance | 11 |
| audits of all entering agencies.
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| (7) Upon completion of the report required by paragraph | 13 |
| (1), the Department of State Police shall immediately | 14 |
| forward the contents of the report to all of the following: | 15 |
| (A) all law enforcement agencies that have | 16 |
| jurisdiction in the location where the missing person | 17 |
| lives and all law enforcement agencies that have | 18 |
| jurisdiction in the location where the missing person | 19 |
| was last seen; | 20 |
| (B) all law enforcement agencies to which the | 21 |
| person who made the notification concerning the | 22 |
| missing person requests the report be sent, if the | 23 |
| Department determines that the request is reasonable | 24 |
| in light of the information received; | 25 |
| (C) all law enforcement agencies that request a | 26 |
| copy of the report; and | 27 |
| (D) the National Crime Information Center's | 28 |
| Missing Person File, if appropriate.
| 29 |
| (8) The Department of State Police shall begin an | 30 |
| investigation concerning the missing person not later than | 31 |
| 24 hours after receiving notification of a missing person. | 32 |
| (c) The Illinois Law Enforcement Training Standards Board | 33 |
| shall conduct a training program for law enforcement personnel | 34 |
| of local governmental agencies in the Missing Persons |
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| Identification Act
statewide coordinated missing endangered | 2 |
| senior alert system established under this Section .
| 3 |
| (d) The Department of State Police shall perform the duties | 4 |
| prescribed in the Missing Persons Identification Act, subject | 5 |
| to appropriation.
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| (Source: P.A. 94-145, eff. 1-1-06.)
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| Section 99. Effective date. This Act takes effect upon | 8 |
| becoming law.".
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