Full Text of HB3503 97th General Assembly
HB3503ham001 97TH GENERAL ASSEMBLY | Rep. Wayne Rosenthal Filed: 3/29/2011
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| 1 | | AMENDMENT TO HOUSE BILL 3503
| 2 | | AMENDMENT NO. ______. Amend House Bill 3503 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Department of State Police Law of the
Civil | 5 | | Administrative Code of Illinois is amended by adding Section | 6 | | 2605-490 as follows: | 7 | | (20 ILCS 2605/2605-490 new) | 8 | | Sec. 2605-490. Crimes Against Police Officers Advisory. | 9 | | (a) A coordinated program known as the Crimes Against | 10 | | Police Officers Advisory is established within the Department | 11 | | of State Police. The Crimes Against Police Officers Advisory | 12 | | may be referred to as the Blue Alert Program. The purpose of | 13 | | the Crimes Against Police Officers Advisory is to provide a | 14 | | regional system for the rapid dissemination of information | 15 | | regarding the commission or attempted commission of the | 16 | | following crimes against a police officer or peace officer: |
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| 1 | | first degree murder, second degree murder, involuntary | 2 | | manslaughter, reckless homicide, and concealment of homicidal | 3 | | death. | 4 | | (b) The implementation of the Crimes Against Police | 5 | | Officers Advisory program may include, but not be limited to, | 6 | | the use in coordination with the Illinois Department of | 7 | | Transportation of electronic message signs on roads and | 8 | | highways in the vicinity of the commission or attempted | 9 | | commission of a crime set forth in subsection (a) against a | 10 | | police officer or peace officer to immediately provide critical | 11 | | information to the public. | 12 | | (c) The Director of State Police may promulgate, in | 13 | | conformity with the procedures set forth in the Illinois | 14 | | Administrative Procedure Act, administrative rules to | 15 | | implement the Crimes Against Police Officers Advisory program. | 16 | | (d) For the purposes of this Section, the following terms | 17 | | have the indicated meanings: | 18 | | "Attempt" has the meaning ascribed to that term in | 19 | | Section 9-1 of the Criminal Code of 1961. | 20 | | "Concealment of homicidal death" has the meaning | 21 | | ascribed to that term in Section 9-3.4 of the Criminal Code | 22 | | of 1961. | 23 | | "First degree murder" has the meaning ascribed to that | 24 | | term in Section 9-1 of the Criminal Code of 1961. | 25 | | "Involuntary manslaughter" has the meaning ascribed to | 26 | | that term in Section 9-3 of the Criminal Code of 1961. |
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| 1 | | "Reckless homicide" has the meaning ascribed to that | 2 | | term in Section 9-3 of the Criminal Code of 1961. | 3 | | "Second degree murder" has the meaning ascribed to that | 4 | | term in Section 9-2 of the Criminal Code of 1961. | 5 | | Section 10. The Department of Transportation Law of the
| 6 | | Civil Administrative Code of Illinois is amended by changing | 7 | | Section 2705-505.5 as follows:
| 8 | | (20 ILCS 2705/2705-505.5)
| 9 | | Sec. 2705-505.5. Child abduction and police officer and | 10 | | peace officer message signs. The Department of
Transportation
| 11 | | shall coordinate with the Department of State Police in the use | 12 | | of electronic
message
signs on roads and highways in the | 13 | | vicinity of a child abduction or the commission or attempted | 14 | | commission of a crime set forth in subsection (a) of Section | 15 | | 2605-490 of the Department of State Police Law against a police | 16 | | officer or peace officer to immediately
provide
critical | 17 | | information to the public.
| 18 | | (Source: P.A. 93-310, eff. 7-23-03.)
| 19 | | Section 15. The Missing Persons Identification Act is | 20 | | amended by changing Section 10 as follows: | 21 | | (50 ILCS 722/10)
| 22 | | Sec. 10. Law enforcement analysis and reporting of missing |
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| 1 | | person information. | 2 | | (a) Prompt determination of high-risk missing person. | 3 | | (1) Definition. "High-risk missing person" means a | 4 | | person whose whereabouts are not currently known and whose | 5 | | circumstances indicate that the person may be at risk of | 6 | | injury or death. The circumstances that indicate that a | 7 | | person is a high-risk missing person include, but are not | 8 | | limited to, any of the following: | 9 | | (A) the person is missing as a result of a stranger | 10 | | abduction; | 11 | | (B) the person is missing under suspicious | 12 | | circumstances; | 13 | | (C) the person is missing under unknown | 14 | | circumstances; | 15 | | (D) the person is missing under known dangerous | 16 | | circumstances; | 17 | | (E) the person is missing more than 30 days; | 18 | | (F) the person has already been designated as a | 19 | | high-risk missing person by another law enforcement | 20 | | agency; | 21 | | (G) there is evidence that the person is at risk | 22 | | because: | 23 | | (i) the person is in need of medical attention, | 24 | | including but not limited to persons with | 25 | | dementia-like symptoms, or prescription | 26 | | medication; |
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| 1 | | (ii) the person does not have a pattern of | 2 | | running away or disappearing; | 3 | | (iii) the person may have been abducted by a | 4 | | non-custodial parent; | 5 | | (iv) the person is mentally impaired; | 6 | | (v) the person is under the age of 21; | 7 | | (vi) the person has been the subject of past | 8 | | threats or acts of violence; | 9 | | (vii) the person has eloped from a nursing | 10 | | home; or | 11 | | (H) any other factor that may, in the judgment of | 12 | | the law enforcement official, indicate that the | 13 | | missing person may be at risk. | 14 | | (2) Law enforcement risk assessment. | 15 | | (A) Upon initial receipt of a missing person | 16 | | report, the law enforcement agency shall immediately | 17 | | determine whether there is a basis to determine that | 18 | | the missing person is a high-risk missing person. | 19 | | (B) If a law enforcement agency has previously | 20 | | determined that a missing person is not a high-risk | 21 | | missing person, but obtains new information, it shall | 22 | | immediately determine whether the information | 23 | | indicates that the missing person is a high-risk | 24 | | missing person. | 25 | | (C) Law enforcement agencies are encouraged to | 26 | | establish written protocols for the handling of |
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| 1 | | missing person cases to accomplish the purposes of this | 2 | | Act. | 3 | | (3) Law enforcement agency reports. | 4 | | (A) The responding local law enforcement agency | 5 | | shall immediately enter all collected information | 6 | | relating to the missing person case in the Law | 7 | | Enforcement Agencies Data System (LEADS) and the | 8 | | National Crime Information Center (NCIC) databases. | 9 | | The information shall be provided in accordance with | 10 | | applicable guidelines relating to the databases. The | 11 | | information shall be entered as follows: | 12 | | (i) All appropriate DNA profiles, as | 13 | | determined by the Department of State Police, | 14 | | shall be uploaded into the missing person | 15 | | databases of the State DNA Index System (SDIS) and | 16 | | National DNA Index System (NDIS) after completion | 17 | | of the DNA analysis and other procedures required | 18 | | for database entry. | 19 | | (ii) Information relevant to the Federal | 20 | | Bureau of Investigation's Violent Criminal | 21 | | Apprehension Program shall be entered as soon as | 22 | | possible. | 23 | | (iii) The Department of State Police shall | 24 | | ensure that persons entering data relating to | 25 | | medical or dental records in State or federal | 26 | | databases are specifically trained to understand |
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| 1 | | and correctly enter the information sought by | 2 | | these databases. The Department of State Police | 3 | | shall either use a person with specific expertise | 4 | | in
medical or dental records for this purpose or | 5 | | consult with a chief medical examiner, forensic | 6 | | anthropologist, or odontologist to ensure the | 7 | | accuracy and completeness of information entered | 8 | | into the State and federal databases.
| 9 | | (B) The Department of State Police shall | 10 | | immediately notify all law enforcement agencies within | 11 | | this State and the surrounding region of the | 12 | | information that will aid in the prompt location and | 13 | | safe return of the high-risk missing person. | 14 | | (C) The local law enforcement agencies that | 15 | | receive the notification from the Department of State | 16 | | Police shall notify officers to be on the lookout for | 17 | | the missing person or a suspected abductor. | 18 | | (D) Pursuant to any applicable State criteria, | 19 | | local law enforcement agencies shall also provide for | 20 | | the prompt use of the following: (i) an Amber Alert in | 21 | | cases involving abducted children , (ii) ; or use of the | 22 | | Endangered Missing Person Advisory in appropriate high | 23 | | risk cases , or (iii) the Crimes Against Police Officers | 24 | | Advisory in appropriate cases .
| 25 | | (Source: P.A. 95-192, eff. 8-16-07; 96-149, eff. 1-1-10.)
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| 1 | | Section 99. Effective date. This Act takes effect January | 2 | | 1, 2012.".
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