Full Text of HB5023 97th General Assembly
HB5023eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning children.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. The State Finance Act is amended by changing | 5 | | Section 6a-5 as follows:
| 6 | | (30 ILCS 105/6a-5) (from Ch. 127, par. 142a5)
| 7 | | Sec. 6a-5.
All moneys received by the Department of State | 8 | | Police in the
form of donations, monetary gifts, unexpended | 9 | | grant funds of I-SEARCH Units
under Section 5 of the | 10 | | Intergovernmental Missing Child Recovery Act
of 1984, or other | 11 | | financial assistance from private sources or individuals
for | 12 | | the purposes of promoting and conducting programs or activities | 13 | | for the
prevention or recovery of missing or exploited children | 14 | | shall be deposited
into the Missing and Exploited Children | 15 | | Trust Fund. The Department may
use those funds for activities | 16 | | or purposes to assist the Department in
meeting its | 17 | | responsibilities relating to the Intergovernmental Missing
| 18 | | Child Recovery Act of 1984, including the enforcement of laws | 19 | | relating to
child exploitation, the investigation and | 20 | | prosecution of offenders of child
exploitation laws, or for any | 21 | | other activity or purpose that will
aid in the prevention of | 22 | | the exploitation of children or in the recovery of
missing and | 23 | | exploited children, as deemed necessary by the Department. All
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| 1 | | monies expended by the Department shall be appropriated by the | 2 | | General
Assembly.
| 3 | | (Source: P.A. 87-888.)
| 4 | | Section 3. The Abused and Neglected Child Reporting Act is | 5 | | amended by changing Section 4.3 as follows:
| 6 | | (325 ILCS 5/4.3)
| 7 | | Sec. 4.3. DCFS duty to report. The Department shall report | 8 | | the
disappearance of any child under its custody or | 9 | | guardianship to the local law
enforcement agency working in | 10 | | cooperation with the State Missing Persons Clearinghouse I | 11 | | SEARCH Unit located
nearest the last known whereabouts of the | 12 | | child .
| 13 | | (Source: P.A. 90-27, eff. 1-1-98.)
| 14 | | Section 5. The Intergovernmental Missing Child Recovery | 15 | | Act of 1984 is amended by changing Sections 2, 3, 3.5, 7, and 8 | 16 | | as follows:
| 17 | | (325 ILCS 40/2) (from Ch. 23, par. 2252)
| 18 | | Sec. 2. As used in this Act: | 19 | | (a) "Department" means the Department of State Police.
| 20 | | (b) "Director" means the Director of the Department of | 21 | | State Police.
| 22 | | (c) "Unit of local government" is defined as in Article |
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| 1 | | VII, Section 1
of the Illinois Constitution and includes both | 2 | | home rule units and units
which are not home rule units. The | 3 | | term is also defined to include all
public school districts | 4 | | subject to the provisions of the School Code.
| 5 | | (d) "Child" means a person under 21 years of age.
| 6 | | (e) A "LEADS terminal" is an interactive computerized | 7 | | communication and
processing unit which permits a direct | 8 | | on-line communication with the
Department of State Police's | 9 | | central data repository, the Law Enforcement
Agencies Data | 10 | | System (LEADS).
| 11 | | (f) A "primary contact agency" means a law enforcement | 12 | | agency which
maintains a LEADS terminal, or has immediate | 13 | | access to one on a
24-hour-per-day, 7-day-per-week basis by | 14 | | written agreement with another law
enforcement agency , and is | 15 | | designated by the I SEARCH policy board to be
the agency | 16 | | responsible for coordinating the joint efforts between the
| 17 | | Department of State Police and the I SEARCH program | 18 | | participants .
| 19 | | (g) (Blank) "Illinois State Enforcement Agencies to | 20 | | Recover Children Unit" or "I
SEARCH Unit" means a combination | 21 | | of units of local government within a
contiguous geographical | 22 | | area served by one or more LEADS terminals and
established to | 23 | | collectively address the missing and exploited children
| 24 | | problem in their respective geographical areas .
| 25 | | (h) "Missing child" means any person under 21 years of age | 26 | | whose whereabouts
are unknown to his or her parents or legal |
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| 1 | | guardian.
| 2 | | (i) "Exploitation" means activities and actions which | 3 | | include, but are
not limited to, child pornography, aggravated | 4 | | child pornography, child prostitution, child sexual abuse,
| 5 | | drug and substance abuse by children, and child suicide.
| 6 | | (j) (Blank) "Participating agency" means a law enforcement | 7 | | agency that does
not receive State funding, but signs an | 8 | | agreement of intergovernmental
cooperation with the Department | 9 | | to perform the duties of an I SEARCH Unit .
| 10 | | (Source: P.A. 96-1551, eff. 7-1-11 .)
| 11 | | (325 ILCS 40/3) (from Ch. 23, par. 2253)
| 12 | | Sec. 3.
The Department shall establish a State Missing | 13 | | Persons Clearinghouse as a resource Each I SEARCH unit shall be | 14 | | established to promote an immediate
and effective community | 15 | | response to missing children and may engage in,
but shall not | 16 | | be limited to, the following activities:
| 17 | | (a) To establish and conduct programs to educate parents, | 18 | | children and
communities in ways to prevent the abduction of | 19 | | children.
| 20 | | (b) To conduct training programs and distribute materials | 21 | | providing
guidelines for children when dealing with strangers, | 22 | | casual acquaintances,
or non-custodial parents, in order to | 23 | | avoid abduction or kidnapping situations.
| 24 | | (c) To compile, maintain and make available data upon the | 25 | | request of law
enforcement agencies and other entities deemed |
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| 1 | | appropriate by the Department
to assist enforcement agencies in | 2 | | recovering missing children, including
but not limited to data | 3 | | regarding the places of shelter commonly used by
runaway | 4 | | children in a requested geographical area the geographical area | 5 | | encompassed by the I SEARCH Unit .
| 6 | | (d) To draft and implement plans for the most efficient use | 7 | | of available
resources to publicize information regarding and | 8 | | conduct searches for missing children.
| 9 | | (e) To establish and maintain contacts with other state | 10 | | missing persons clearinghouses I SEARCH Units , law
enforcement | 11 | | agencies, and missing persons non-profit organizations the | 12 | | Department in order to increase the
probability of locating and | 13 | | returning missing children, and to otherwise
assist in the | 14 | | recovery and tracking of missing children.
| 15 | | (f) To coordinate the tracking and recovery of children | 16 | | under the custody
or guardianship of the Department of Children | 17 | | and Family Services whose
disappearance has been reported and | 18 | | to produce an annual report indicating the
number of children | 19 | | under the custody or guardianship of that Department who
have | 20 | | been reported missing and the number who have been recovered.
| 21 | | (g) To conduct other activities as may be necessary
to | 22 | | achieve the goals established by this Act.
| 23 | | (Source: P.A. 90-27, eff. 1-1-98.)
| 24 | | (325 ILCS 40/3.5)
| 25 | | Sec. 3.5. Contact with Department of Children and Family |
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| 1 | | Services. For
each child reported missing and entered into the | 2 | | LEADS network as part of the I
SEARCH program ,
the Department | 3 | | shall, in the form and manner it determines, contact the
| 4 | | Department of Children and Family Services to provide it with | 5 | | the name, age,
and sex of the child, and the geographic area | 6 | | from which the child was reported
missing so that the | 7 | | Department of Children and Family Services can determine if
| 8 | | that child had been abandoned within the previous 2 months.
| 9 | | (Source: P.A. 89-213, eff. 1-1-96.)
| 10 | | (325 ILCS 40/7) (from Ch. 23, par. 2257)
| 11 | | Sec. 7.
(a) All law enforcement agencies and policing | 12 | | bodies of this
State shall, upon receipt of a report of a | 13 | | missing person, enter that
report into LEADS as soon as the | 14 | | minimum level of data specified pursuant
to subsection (e) of | 15 | | Section 6 is available and shall furnish the
Department, in the | 16 | | form and detail the Department requires, (1) reports of
cases | 17 | | of lost, missing or runaway children as they arise and the | 18 | | disposition of
such cases, (2) information relating to sex | 19 | | crimes which occurred in their
respective jurisdictions and | 20 | | which they investigated, and (3) the names and
addresses of sex | 21 | | offenders required to register in their
respective | 22 | | jurisdictions under the Sex Offender Registration
Act. Such | 23 | | information shall be submitted on a regular basis, as deemed
| 24 | | necessary by the Department, and shall be kept in a central | 25 | | automated data
repository for the purpose of establishing |
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| 1 | | profiles of sex offenders and
victims and to assist all law | 2 | | enforcement agencies in the identification and
apprehension of | 3 | | sex offenders.
| 4 | | (b) In addition to entering the report of a missing child | 5 | | into LEADS
as prescribed by subsection (a), all law enforcement | 6 | | agencies shall, upon
receipt of a report of a missing child:
| 7 | | (1) Immediately make a radio dispatch to officers on | 8 | | duty at the time of
receipt of the report. The dispatch | 9 | | shall contain the name and approximate
age of the missing | 10 | | child and any other pertinent information available at
that | 11 | | time. In the event that the law enforcement agency | 12 | | receiving the
report of the missing child does not operate | 13 | | a radio dispatch system, a
geographically appropriate | 14 | | radio dispatch system shall be used, such as the
Illinois | 15 | | State Police Emergency Radio Network or a similar | 16 | | multi-agency law
enforcement radio communication system | 17 | | serving the area of the reporting
agency.
| 18 | | In addition, in the event that a missing child is not | 19 | | recovered during
the work shift in which the radio dispatch | 20 | | was made, the law enforcement
agency receiving the report | 21 | | of the missing child shall disseminate the
information | 22 | | relating to the missing child to all sworn personnel | 23 | | employed
by the agency who work or are assigned to other | 24 | | shifts or time periods.
| 25 | | (2) Immediately contact State Missing Persons | 26 | | Clearinghouse I-SEARCH program personnel designated by the
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| 1 | | Department, by a means and in a manner and form prescribed | 2 | | by the
Department, informing the personnel of the report of | 3 | | the missing child.
| 4 | | (Source: P.A. 89-8, eff. 1-1-96.)
| 5 | | (325 ILCS 40/8) (from Ch. 23, par. 2258)
| 6 | | Sec. 8.
The Director shall report by June 30 December 31 of | 7 | | each year to the
Governor and the General Assembly on the | 8 | | operations of the State Missing Persons Clearinghouse | 9 | | statewide I
SEARCH program including a breakdown of the | 10 | | appropriation for the previous
calendar year fiscal year | 11 | | indicating the amount of the State grant each I SEARCH unit
| 12 | | received .
| 13 | | (Source: P.A. 85-214.)
| 14 | | (325 ILCS 40/4 rep.)
| 15 | | (325 ILCS 40/5 rep.)
| 16 | | Section 10. The Intergovernmental Missing Child Recovery | 17 | | Act of 1984 is amended by repealing Sections 4 and 5.
| 18 | | Section 99. Effective date. This Act takes effect January | 19 | | 1, 2013.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 30 ILCS 105/6a-5 | from Ch. 127, par. 142a5 | | 4 | | 325 ILCS 5/4.3 | | | 5 | | 325 ILCS 40/2 | from Ch. 23, par. 2252 | | 6 | | 325 ILCS 40/3 | from Ch. 23, par. 2253 | | 7 | | 325 ILCS 40/3.5 | | | 8 | | 325 ILCS 40/7 | from Ch. 23, par. 2257 | | 9 | | 325 ILCS 40/8 | from Ch. 23, par. 2258 | | 10 | | 325 ILCS 40/4 rep. | | | 11 | | 325 ILCS 40/5 rep. | |
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