Full Text of HB2708 101st General Assembly
HB2708eng 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Missing Persons Identification Act is | 5 | | amended by changing Sections 5 and 10 as follows: | 6 | | (50 ILCS 722/5) | 7 | | Sec. 5. Missing person reports. | 8 | | (a) Report acceptance. All law enforcement agencies shall | 9 | | accept without delay any report of a missing person. Acceptance | 10 | | of a missing person report filed in person may not be refused | 11 | | on any ground. No law enforcement agency may refuse to accept a | 12 | | missing person report: | 13 | | (1) on the basis that the missing person is an adult; | 14 | | (2) on the basis that the circumstances do not indicate | 15 | | foul play; | 16 | | (3) on the basis that the person has been missing for a | 17 | | short period of time; | 18 | | (4) on the basis that the person has been missing a | 19 | | long period of time; | 20 | | (5) on the basis that there is no indication that the | 21 | | missing person was in the jurisdiction served by the law | 22 | | enforcement agency at the time of the disappearance; | 23 | | (6) on the basis that the circumstances suggest that |
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| 1 | | the disappearance may be voluntary; | 2 | | (7) on the basis that the reporting individual does not | 3 | | have personal knowledge of the facts; | 4 | | (8) on the basis that the reporting individual cannot | 5 | | provide all of the information requested by the law | 6 | | enforcement agency; | 7 | | (9) on the basis that the reporting individual lacks a | 8 | | familial or other relationship with the missing person; | 9 | | (9-5) on the basis of the missing person's mental state | 10 | | or medical condition; or | 11 | | (10) for any other reason. | 12 | | (b) Manner of reporting. All law enforcement agencies shall | 13 | | accept missing person reports in person. Law enforcement | 14 | | agencies are encouraged to accept reports by phone or by | 15 | | electronic or other media to the extent that such reporting is | 16 | | consistent with law enforcement policies or practices. | 17 | | (c) Contents of report. In accepting a report of a missing | 18 | | person, the law enforcement agency shall attempt to gather | 19 | | relevant information relating to the disappearance. The law | 20 | | enforcement agency shall attempt to gather at the time of the | 21 | | report information that shall include, but shall not be limited | 22 | | to, the following: | 23 | | (1) the name of the missing person, including | 24 | | alternative names used; | 25 | | (2) the missing person's date of birth; | 26 | | (3) the missing person's identifying marks, such as |
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| 1 | | birthmarks, moles, tattoos, and scars; | 2 | | (4) the missing person's height and weight; | 3 | | (5) the missing person's gender; | 4 | | (6) the missing person's race; | 5 | | (7) the missing person's current hair color and true or | 6 | | natural hair color; | 7 | | (8) the missing person's eye color; | 8 | | (9) the missing person's prosthetics, surgical | 9 | | implants, or cosmetic implants; | 10 | | (10) the missing person's physical anomalies; | 11 | | (11) the missing person's blood type, if known; | 12 | | (12) the missing person's driver's license number, if | 13 | | known; | 14 | | (13) the missing person's social security number, if | 15 | | known; | 16 | | (14) a photograph of the missing person; recent | 17 | | photographs are preferable and the agency is encouraged to | 18 | | attempt to ascertain the approximate date the photograph | 19 | | was taken; | 20 | | (15) a description of the clothing the missing person | 21 | | was believed to be wearing; | 22 | | (16) a description of items that might be with the | 23 | | missing person, such as jewelry, accessories, and shoes or | 24 | | boots; | 25 | | (17) information on the missing person's electronic | 26 | | communications devices, such as cellular telephone numbers |
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| 1 | | and e-mail addresses; | 2 | | (18) the reasons why the reporting individual believes | 3 | | that the person is missing; | 4 | | (19)
the name and location of the missing person's | 5 | | school or employer, if known;
| 6 | | (20) the name and location of the missing person's | 7 | | dentist or primary care physician or provider, or both, if | 8 | | known; | 9 | | (21) any circumstances that may indicate that the | 10 | | disappearance was not voluntary; | 11 | | (22) any circumstances that may indicate that the | 12 | | missing person may be at risk of injury or death; | 13 | | (23) a description of the possible means of | 14 | | transportation of the missing person, including make, | 15 | | model, color, license number, and Vehicle Identification | 16 | | Number of a vehicle; | 17 | | (24) any identifying information about a known or | 18 | | possible abductor or person last seen with the missing | 19 | | person, or both, including: | 20 | | (A) name; | 21 | | (B) a physical description; | 22 | | (C) date of birth; | 23 | | (D) identifying marks; | 24 | | (E) the description of possible means of | 25 | | transportation, including make, model, color, license | 26 | | number, and Vehicle Identification Number of a |
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| 1 | | vehicle; | 2 | | (F) known associates; | 3 | | (25) any other information that may aid in locating the | 4 | | missing person; and | 5 | | (26) the date of last contact. | 6 | | (d) Notification and follow up action. | 7 | | (1) Notification. The law enforcement agency shall | 8 | | notify the person making the report, a family member, or | 9 | | other person in a position to assist the law enforcement | 10 | | agency in its efforts to locate the missing person of the | 11 | | following: | 12 | | (A) general information about the handling of the | 13 | | missing person case or about intended efforts in the | 14 | | case to the extent that the law enforcement agency | 15 | | determines that disclosure would not adversely affect | 16 | | its ability to locate or protect the missing person or | 17 | | to apprehend or prosecute any person criminally | 18 | | involved in the disappearance; | 19 | | (B) that the person should promptly contact the law | 20 | | enforcement agency if the missing person remains | 21 | | missing in order to provide additional information and | 22 | | materials that will aid in locating the missing person | 23 | | such as the missing person's credit cards, debit cards, | 24 | | banking information, and cellular telephone records; | 25 | | and | 26 | | (C) that any DNA samples provided for the missing |
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| 1 | | person case are provided on a voluntary basis and will | 2 | | be used solely to help locate or identify the missing | 3 | | person and will not be used for any other purpose. | 4 | | The law enforcement agency, upon acceptance of a | 5 | | missing person report, shall inform the reporting citizen | 6 | | of one of 2 resources, based upon the age of the missing | 7 | | person. If the missing person is under 18 years of age, | 8 | | contact information for the National Center for Missing and | 9 | | Exploited Children shall be given. If the missing person is | 10 | | age 18 or older, contact information for the National | 11 | | Center for Missing Adults shall be given. | 12 | | Agencies handling the remains of a missing person who | 13 | | is deceased must notify the agency handling the missing | 14 | | person's case. Documented efforts must be made to locate | 15 | | family members of the deceased person to inform them of the | 16 | | death and location of the remains of their family member. | 17 | | The law enforcement agency is encouraged to make | 18 | | available informational materials, through publications or | 19 | | electronic or other media, that advise the public about how | 20 | | the information or materials identified in this subsection | 21 | | are used to help locate or identify missing persons. | 22 | | (2) Follow up action. If the person identified in the | 23 | | missing person report remains missing after 30 days, and | 24 | | the additional information and materials specified below | 25 | | have not been received, the law enforcement agency shall | 26 | | attempt to obtain: |
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| 1 | | (A) DNA samples from family members or from the | 2 | | missing person along with any needed documentation, or | 3 | | both, including any consent forms, required for the use | 4 | | of State or federal DNA databases, including, but not | 5 | | limited to, the Local DNA Index System (LDIS), State | 6 | | DNA Index System (SDIS), and National DNA Index System | 7 | | (NDIS) , and National Missing and Unidentified Persons | 8 | | System partner laboratories ; | 9 | | (B) an authorization to release dental or skeletal | 10 | | x-rays of the missing person; | 11 | | (C) any additional photographs of the missing | 12 | | person that may aid the investigation or an | 13 | | identification; the law enforcement agency is not | 14 | | required to obtain written authorization before it | 15 | | releases publicly any photograph that would aid in the | 16 | | investigation or identification of the missing person; | 17 | | (D) dental information and x-rays; and | 18 | | (E) fingerprints. | 19 | | (3) All DNA samples obtained in missing person cases | 20 | | shall be immediately forwarded to the Department of State | 21 | | Police for analysis and to a National Missing and | 22 | | Unidentified Persons System partner laboratory within 30 | 23 | | days . The Department of State Police shall establish | 24 | | procedures for determining how to prioritize analysis of | 25 | | the samples relating to missing person cases. All DNA | 26 | | samples obtained in missing person cases from family |
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| 1 | | members of the missing person shall not be retained after | 2 | | the location or identification of the remains of the | 3 | | missing person unless there is a search warrant signed by a | 4 | | court of competent jurisdiction. | 5 | | (4) This subsection shall not be interpreted to | 6 | | preclude a law enforcement agency from attempting to obtain | 7 | | the materials identified in this subsection before the | 8 | | expiration of the 30-day period.
| 9 | | (Source: P.A. 99-244, eff. 1-1-16; 99-581, eff. 1-1-17 .) | 10 | | (50 ILCS 722/10)
| 11 | | Sec. 10. Law enforcement analysis and reporting of missing | 12 | | person information. | 13 | | (a) Prompt determination of high-risk missing person. | 14 | | (1) Definition. "High-risk missing person" means a | 15 | | person whose whereabouts are not currently known and whose | 16 | | circumstances indicate that the person may be at risk of | 17 | | injury or death. The circumstances that indicate that a | 18 | | person is a high-risk missing person include, but are not | 19 | | limited to, any of the following: | 20 | | (A) the person is missing as a result of a stranger | 21 | | abduction; | 22 | | (B) the person is missing under suspicious | 23 | | circumstances; | 24 | | (C) the person is missing under unknown | 25 | | circumstances; |
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| 1 | | (D) the person is missing under known dangerous | 2 | | circumstances; | 3 | | (E) the person is missing more than 30 days; | 4 | | (F) the person has already been designated as a | 5 | | high-risk missing person by another law enforcement | 6 | | agency; | 7 | | (G) there is evidence that the person is at risk | 8 | | because: | 9 | | (i) the person is in need of medical attention, | 10 | | including but not limited to persons with | 11 | | dementia-like symptoms, or prescription | 12 | | medication; | 13 | | (ii) the person does not have a pattern of | 14 | | running away or disappearing; | 15 | | (iii) the person may have been abducted by a | 16 | | non-custodial parent; | 17 | | (iv) the person is mentally impaired, | 18 | | including, but not limited to, a person having a | 19 | | developmental disability, as defined in Section | 20 | | 1-106 of the Mental Health and Developmental | 21 | | Disabilities Code, or a person having an | 22 | | intellectual disability, as defined in Section | 23 | | 1-116 of the Mental Health and Developmental | 24 | | Disabilities Code; | 25 | | (v) the person is under the age of 21; | 26 | | (vi) the person has been the subject of past |
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| 1 | | threats or acts of violence; | 2 | | (vii) the person has eloped from a nursing | 3 | | home; | 4 | | (G-5) the person is a veteran or active duty member | 5 | | of the United States Armed Forces, the National Guard, | 6 | | or any reserve component of the United States Armed | 7 | | Forces who is believed to have a physical or mental | 8 | | health condition that is related to his or her service; | 9 | | or | 10 | | (H) any other factor that may, in the judgment of | 11 | | the law enforcement official, indicate that the | 12 | | missing person may be at risk. | 13 | | (2) Law enforcement risk assessment. | 14 | | (A) Upon initial receipt of a missing person | 15 | | report, the law enforcement agency shall immediately | 16 | | determine whether there is a basis to determine that | 17 | | the missing person is a high-risk missing person. | 18 | | (B) If a law enforcement agency has previously | 19 | | determined that a missing person is not a high-risk | 20 | | missing person, but obtains new information, it shall | 21 | | immediately determine whether the information | 22 | | indicates that the missing person is a high-risk | 23 | | missing person. | 24 | | (C) Law enforcement agencies are encouraged to | 25 | | establish written protocols for the handling of | 26 | | missing person cases to accomplish the purposes of this |
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| 1 | | Act. | 2 | | (3) Law enforcement agency reports. | 3 | | (A) The responding local law enforcement agency | 4 | | shall immediately enter all collected information | 5 | | relating to the missing person case in the Law | 6 | | Enforcement Agencies Data System (LEADS) and the | 7 | | National Crime Information Center (NCIC) databases. A | 8 | | packet submission of all relevant reports and DNA | 9 | | samples shall be sent to the National Missing and | 10 | | Unidentified Persons System within 30 days for any | 11 | | high-risk missing person cases. The information shall | 12 | | be provided in accordance with applicable guidelines | 13 | | relating to the databases. The information shall be | 14 | | entered as follows: | 15 | | (i) All appropriate DNA profiles, as | 16 | | determined by the Department of State Police, | 17 | | shall be uploaded into the missing person | 18 | | databases of the State DNA Index System (SDIS) and | 19 | | National DNA Index System (NDIS) after completion | 20 | | of the DNA analysis and other procedures required | 21 | | for database entry. The responding local law | 22 | | enforcement agency shall submit any DNA samples | 23 | | voluntarily obtained from family members to a | 24 | | National Missing and Unidentified Persons System | 25 | | partner laboratory for DNA analysis within 30 | 26 | | days. A notation of DNA submission shall be made |
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| 1 | | within the National Missing and Unidentified | 2 | | Persons System Unidentified Person record. | 3 | | (ii) Information relevant to the Federal | 4 | | Bureau of Investigation's Violent Criminal | 5 | | Apprehension Program shall be entered as soon as | 6 | | possible. | 7 | | (iii) The Department of State Police shall | 8 | | ensure that persons entering data relating to | 9 | | medical or dental records in State or federal | 10 | | databases are specifically trained to understand | 11 | | and correctly enter the information sought by | 12 | | these databases. The Department of State Police | 13 | | shall either use a person with specific expertise | 14 | | in
medical or dental records for this purpose or | 15 | | consult with a chief medical examiner, forensic | 16 | | anthropologist, or odontologist to ensure the | 17 | | accuracy and completeness of information entered | 18 | | into the State and federal databases.
| 19 | | (B) The Department of State Police shall | 20 | | immediately notify all law enforcement agencies within | 21 | | this State and the surrounding region of the | 22 | | information that will aid in the prompt location and | 23 | | safe return of the high-risk missing person. | 24 | | (C) The local law enforcement agencies that | 25 | | receive the notification from the Department of State | 26 | | Police shall notify officers to be on the lookout for |
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| 1 | | the missing person or a suspected abductor. | 2 | | (D) Pursuant to any applicable State criteria, | 3 | | local law enforcement agencies shall also provide for | 4 | | the prompt use of an Amber Alert in cases involving | 5 | | abducted children; or use of the Endangered Missing | 6 | | Person Advisory in appropriate high risk cases.
| 7 | | (Source: P.A. 100-631, eff. 1-1-19; 100-662, eff. 1-1-19; | 8 | | 100-835, eff. 1-1-19; revised 9-28-18.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
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