Illinois General Assembly - Full Text of HB2412
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Full Text of HB2412  103rd General Assembly


Rep. Jay Hoffman

Filed: 3/3/2023





10300HB2412ham001LRB103 05885 AWJ 58534 a


2    AMENDMENT NO. ______. Amend House Bill 2412 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Gun Trafficking Information Act is amended
5by changing Section 10-5 as follows:
6    (5 ILCS 830/10-5)
7    Sec. 10-5. Gun trafficking information.
8    (a) The Illinois State Police shall use all reasonable
9efforts, as allowed by State law and regulations, federal law
10and regulations, and executed Memoranda of Understanding
11between Illinois law enforcement agencies and the U.S. Bureau
12of Alcohol, Tobacco, Firearms and Explosives, in making
13publicly available, on a regular and ongoing basis, key
14information related to firearms used in the commission of
15crimes in this State that are reported to and investigated by
16the Illinois State Police, including, but not limited to:



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1reports on crimes committed with firearms, locations where the
2crimes occurred, the number of persons killed or injured in
3the commission of the crimes, the state where the firearms
4used originated, the Federal Firearms Licensee that sold the
5firearm, the type of firearms used, if known, annual
6statistical information concerning Firearm Owner's
7Identification Card and concealed carry license applications,
8revocations, and compliance with Section 9.5 of the Firearm
9Owners Identification Card Act, the information required in
10the report or on the Illinois State Police's website under
11Section 85 of the Firearms Restraining Order Act firearm
12restraining order dispositions, and firearm dealer license
13certification inspections. The Illinois State Police shall
14make the information available on its website, which may be
15presented in a dashboard format, in addition to electronically
16filing a report with the Governor and the General Assembly.
17The report to the General Assembly shall be filed with the
18Clerk of the House of Representatives and the Secretary of the
19Senate in electronic form only, in the manner that the Clerk
20and the Secretary shall direct.
21    (b) The Illinois State Police shall study, on a regular
22and ongoing basis, and compile reports on the number of
23Firearm Owner's Identification Card checks to determine
24firearms trafficking or straw purchase patterns. The Illinois
25State Police shall, to the extent not inconsistent with law,
26share such reports and underlying data with academic centers,



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1foundations, and law enforcement agencies studying firearms
2trafficking, provided that personally identifying information
3is protected. For purposes of this subsection (b), a Firearm
4Owner's Identification Card number is not personally
5identifying information, provided that no other personal
6information of the card holder is attached to the record. The
7Illinois State Police may create and attach an alternate
8unique identifying number to each Firearm Owner's
9Identification Card number, instead of releasing the Firearm
10Owner's Identification Card number itself.
11    (c) Each department, office, division, and agency of this
12State shall, to the extent not inconsistent with law,
13cooperate fully with the Illinois State Police and furnish the
14Illinois State Police with all relevant information and
15assistance on a timely basis as is necessary to accomplish the
16purpose of this Act. The Illinois Criminal Justice Information
17Authority shall submit the information required in subsection
18(a) of this Section to the Illinois State Police, and any other
19information as the Illinois State Police may request, to
20assist the Illinois State Police in carrying out its duties
21under this Act.
22(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
23102-813, eff. 5-13-22.)
24    Section 10. The Illinois State Police Law of the Civil
25Administrative Code of Illinois is amended by changing



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1Sections 2605-10, 2605-30, 2605-35, 2605-40, 2605-45, 2605-51,
22605-52, and 2605-200 as follows:
3    (20 ILCS 2605/2605-10)  (was 20 ILCS 2605/55a in part)
4    Sec. 2605-10. Powers and duties, generally.
5    (a) The Illinois State Police shall exercise the rights,
6powers, and duties that have been vested in the Illinois State
7Police by the following:
8    The Illinois State Police Act.
9    The Illinois State Police Radio Act.
10    The Criminal Identification Act.
11    The Illinois Vehicle Code.
12    The Firearm Owners Identification Card Act.
13    The Firearm Concealed Carry Act.
14    The Firearm Dealer License Certification Act Gun Dealer
15Licensing Act.
16    The Intergovernmental Missing Child Recovery Act of 1984.
17    The Intergovernmental Drug Laws Enforcement Act.
18    The Narcotic Control Division Abolition Act.
19    The Illinois Uniform Conviction Information Act.
20    The Murderer and Violent Offender Against Youth
21Registration Act.
22    (b) The Illinois State Police shall have the powers and
23duties set forth in the following Sections.
24(Source: P.A. 102-538, eff. 8-20-21.)



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1    (20 ILCS 2605/2605-30)  (was 20 ILCS 2605/55a-2)
2    Sec. 2605-30. Division of Patrol Operations (formerly
3State Troopers). The Division of Patrol Operations shall
4exercise the following functions and those in Section 2605-35:
5        (1) Cooperate with federal and State authorities
6    requesting utilization of the Illinois State Police's
7    radio network system under the Illinois Aeronautics Act.
8        (2) Exercise the rights, powers, and duties of the
9    Illinois State Police under the Illinois State Police Act.
10        (2.5) Provide uniformed patrol of Illinois highways
11    and proactively enforce criminal and traffic laws.
12        (3) (Blank).
13        (4) Exercise the rights, powers, and duties of the
14    Illinois State Police vested by law in the Illinois State
15    Police by the Illinois Vehicle Code.
16        (5) Exercise other duties that have been or may be
17    vested by law in the Illinois State Police.
18        (6) Exercise other duties that may be assigned by the
19    Director in order to fulfill the responsibilities and to
20    achieve the purposes of the Illinois State Police.
21        (7) Provide comprehensive law enforcement services to
22    the public and to county, municipal, and federal law
23    enforcement agencies.
24        (8) Patrol Illinois highways with the intent to
25    interdict crime and ensure traffic safety while assisting
26    citizens during times of need.



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1(Source: P.A. 102-538, eff. 8-20-21.)
2    (20 ILCS 2605/2605-35)  (was 20 ILCS 2605/55a-3)
3    Sec. 2605-35. Division of Criminal Investigation.
4    (a) The Division of Criminal Investigation shall exercise
5the following functions and those in Section 2605-30:
6        (1) Exercise the rights, powers, and duties vested by
7    law in the Illinois State Police by the Illinois Horse
8    Racing Act of 1975, including those set forth in Section
9    2605-215.
10        (2) Investigate the origins, activities, personnel,
11    and incidents of crime and enforce the criminal laws of
12    this State related thereto.
13        (3) Enforce all laws regulating the production, sale,
14    prescribing, manufacturing, administering, transporting,
15    having in possession, dispensing, delivering,
16    distributing, or use of controlled substances and
17    cannabis.
18        (4) Cooperate with the police of cities, villages, and
19    incorporated towns and with the police officers of any
20    county in enforcing the laws of the State and in making
21    arrests and recovering property.
22        (5) Apprehend and deliver up any person charged in
23    this State or any other state with treason or a felony or
24    other crime who has fled from justice and is found in this
25    State.



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1        (6) Investigate recipients and providers under the
2    Illinois Public Aid Code and any personnel involved in the
3    administration of the Code who are suspected of any
4    violation of the Code pertaining to fraud in the
5    administration, receipt, or provision of assistance and
6    pertaining to any violation of criminal law; and exercise
7    the functions required under Section 2605-220 in the
8    conduct of those investigations.
9        (7) Conduct other investigations as provided by law,
10    including, but not limited to, investigations of human
11    trafficking, illegal drug trafficking, and illegal
12    firearms trafficking, and cybercrimes that can be
13    investigated and prosecuted in Illinois.
14        (8) Investigate public corruption.
15        (9) Exercise other duties that may be assigned by the
16    Director in order to fulfill the responsibilities and
17    achieve the purposes of the Illinois State Police, which
18    may include the coordination of gang, terrorist, and
19    organized crime prevention, control activities, and
20    assisting local law enforcement in their crime control
21    activities.
22        (10) Conduct investigations (and cooperate with
23    federal law enforcement agencies in the investigation) of
24    any property-related crimes, such as money laundering,
25    involving individuals or entities listed on the sanctions
26    list maintained by the U.S. Department of Treasury's



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1    Office of Foreign Asset Control.
2        (11) Oversee special weapons and tactics (SWAT) teams.
3        (12) Oversee Illinois State Police air operations.
4        (13) Investigate criminal domestic terrorism
5    incidents, and otherwise deter all criminal threats to
6    Illinois.
7    (a-5) The Division of Criminal Investigation shall gather
8information, intelligence, and evidence to facilitate the
9identification, apprehension, and prosecution of persons
10responsible for committing crime; to provide specialized
11intelligence and analysis, investigative, tactical, and
12technological services in support of law enforcement
13operations throughout the State of Illinois; and to oversee
14and operate a statewide criminal intelligence fusion center.
15    (b) (Blank).
16    (c) The Division of Criminal Investigation shall provide
17statewide coordination and strategy pertaining to
18firearm-related intelligence, firearms trafficking
19interdiction, and investigations reaching across all divisions
20of the Illinois State Police, including providing crime gun
21intelligence support for suspects and firearms involved in
22firearms trafficking or the commission of a crime involving
23firearms that is investigated by the Illinois State Police and
24other federal, State, and local law enforcement agencies, with
25the objective of reducing and preventing illegal possession
26and use of firearms, firearms trafficking, firearm-related



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1homicides, and other firearm-related violent crimes in
3(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;
4102-1108, eff. 12-21-22; 102-1116, eff. 1-10-23.)
5    (20 ILCS 2605/2605-40)  (was 20 ILCS 2605/55a-4)
6    Sec. 2605-40. Division of Forensic Services. The Division
7of Forensic Services shall exercise the following functions:
8        (1) Provide crime scene services and traffic crash
9    reconstruction.
10        (2) Exercise the rights, powers, and duties vested by
11    law in the Illinois State Police by Section 2605-300 of
12    this Law.
13        (3) Provide assistance to local law enforcement
14    agencies through training, management, and consultant
15    services.
16        (4) (Blank).
17        (5) Exercise other duties that may be assigned by the
18    Director in order to fulfill the responsibilities and
19    achieve the purposes of the Illinois State Police.
20        (6) Establish and operate a forensic science
21    laboratory system, including a forensic toxicological
22    laboratory service, for the purpose of testing specimens
23    submitted by coroners and other law enforcement officers
24    in their efforts to determine whether alcohol, drugs, or
25    poisonous or other toxic substances have been involved in



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1    deaths, accidents, or illness. Forensic toxicological
2    laboratories shall be established in Springfield, Chicago,
3    and elsewhere in the State as needed.
4        (6.5) Establish administrative rules in order to set
5    forth standardized requirements for the disclosure of
6    toxicology results and other relevant documents related to
7    a toxicological analysis. These administrative rules are
8    to be adopted to produce uniform and sufficient
9    information to allow a proper, well-informed determination
10    of the admissibility of toxicology evidence and to ensure
11    that this evidence is presented competently. These
12    administrative rules are designed to provide a minimum
13    standard for compliance of toxicology evidence and are not
14    intended to limit the production and discovery of material
15    information.
16        (7) Subject to specific appropriations made for these
17    purposes, establish and coordinate a system for providing
18    accurate and expedited forensic science and other
19    investigative and laboratory services to local law
20    enforcement agencies and local State's Attorneys in aid of
21    the investigation and trial of capital cases.
22        (8) Exercise the rights, powers, and duties vested by
23    law in the Illinois State Police under the Sexual Assault
24    Evidence Submission Act.
25        (9) Serve as the State central repository for all
26    genetic marker grouping analysis information and exercise



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1    the rights, powers, and duties vested by law in the
2    Illinois State Police under Section 5-4-3 of the Unified
3    Code of Corrections.
4        (10) Issue reports required under Section 5-4-3a of
5    the Unified Code of Corrections.
6        (11) Oversee the Electronic Laboratory Information
7    Management System under Section 5-4-3b of the Unified Code
8    of Corrections.
9(Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21;
10102-813, eff. 5-13-22.)
11    (20 ILCS 2605/2605-45)  (was 20 ILCS 2605/55a-5)
12    Sec. 2605-45. Division of Justice Services. The Division
13of Justice Services shall provide administrative and technical
14services and support to the Illinois State Police, criminal
15justice agencies, and the public and shall exercise the
16following functions:
17        (1) Operate and maintain the Law Enforcement Agencies
18    Data System (LEADS), a statewide, computerized
19    telecommunications system designed to provide services,
20    information, and capabilities to the law enforcement and
21    criminal justice community in the State of Illinois. The
22    Director is responsible for establishing policy,
23    procedures, and regulations consistent with State and
24    federal rules, policies, and law by which LEADS operates.
25    The Director shall designate a statewide LEADS



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1    Administrator for management of the system. The Director
2    may appoint a LEADS Advisory Policy Board to reflect the
3    needs and desires of the law enforcement and criminal
4    justice community and to make recommendations concerning
5    policies and procedures.
6        (2) Pursue research and the publication of studies
7    pertaining to local law enforcement activities.
8        (3) Serve as the State's point of contact for the
9    Federal Bureau of Investigation's Uniform Crime Reporting
10    Program and National Incident-Based Reporting System.
11        (4) Operate an electronic data processing and computer
12    center for the storage and retrieval of data pertaining to
13    criminal activity.
14        (5) Exercise the rights, powers, and duties vested in
15    the Illinois State Police by the Cannabis Regulation and
16    Tax Act and the Compassionate Use of Medical Cannabis
17    Program Act.
18        (6) (Blank).
19        (6.5) Exercise the rights, powers, and duties vested
20    in the Illinois State Police by the Firearm Owners
21    Identification Card Act, the Firearm Concealed Carry Act,
22    the Firearm Transfer Inquiry Program, the prohibited
23    persons portal under Section 2605-304, and the Firearm
24    Dealer License Certification Act.
25        (7) Exercise other duties that may be assigned by the
26    Director to fulfill the responsibilities and achieve the



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1    purposes of the Illinois State Police.
2        (8) Exercise the rights, powers, and duties vested by
3    law in the Illinois State Police by the Criminal
4    Identification Act and the Illinois Uniform Conviction
5    Information Act.
6        (9) Exercise the powers and perform the duties that
7    have been vested in the Illinois State Police by the
8    Murderer and Violent Offender Against Youth Registration
9    Act, the Sex Offender Registration Act, and the Sex
10    Offender Community Notification Law and adopt reasonable
11    rules necessitated thereby.
12        (10) Serve as the State central repository for
13    criminal history record information.
14        (11) Liaise with the Concealed Carry Licensing Review
15    Board and the Firearms Owner's Identification Card Review
16    Board.
17(Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21.)
18    (20 ILCS 2605/2605-51)
19    Sec. 2605-51. Division of the Academy and Training.
20    (a) The Division of the Academy and Training shall
21exercise, but not be limited to, the following functions:
22        (1) Oversee and operate the Illinois State Police
23    Training Academy.
24        (2) Train and prepare new officers for a career in law
25    enforcement, with innovative, quality training and



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1    educational practices.
2        (3) Offer continuing training and educational programs
3    for Illinois State Police employees.
4        (4) Oversee the Illinois State Police's recruitment
5    initiatives.
6        (5) Oversee and operate the Illinois State Police's
7    quartermaster.
8        (6) Duties assigned to the Illinois State Police in
9    Article 5, Chapter 11 of the Illinois Vehicle Code
10    concerning testing and training officers on the detection
11    of impaired driving.
12        (7) Duties assigned to the Illinois State Police in
13    Article 108B of the Code of Criminal Procedure.
14    (b) The Division of the Academy and Training shall
15exercise the rights, powers, and duties vested in the former
16Division of State Troopers by Section 17 of the Illinois State
17Police Act.
18    (c) Specialized training.
19        (1) Training; cultural diversity. The Division of the
20    Academy and Training shall provide training and continuing
21    education to State police officers concerning cultural
22    diversity, including sensitivity toward racial and ethnic
23    differences. This training and continuing education shall
24    include, but not be limited to, an emphasis on the fact
25    that the primary purpose of enforcement of the Illinois
26    Vehicle Code is safety and equal and uniform enforcement



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1    under the law.
2        (2) Training; death and homicide investigations. The
3    Division of the Academy and Training shall provide
4    training in death and homicide investigation for State
5    police officers. Only State police officers who
6    successfully complete the training may be assigned as lead
7    investigators in death and homicide investigations.
8    Satisfactory completion of the training shall be evidenced
9    by a certificate issued to the officer by the Division of
10    the Academy and Training. The Director shall develop a
11    process for waiver applications for officers whose prior
12    training and experience as homicide investigators may
13    qualify them for a waiver. The Director may issue a
14    waiver, at his or her discretion, based solely on the
15    prior training and experience of an officer as a homicide
16    investigator.
17            (A) The Division shall require all homicide
18        investigator training to include instruction on
19        victim-centered, trauma-informed investigation. This
20        training must be implemented by July 1, 2023.
21            (B) The Division shall cooperate with the Division
22        of Criminal Investigation to develop a model
23        curriculum on victim-centered, trauma-informed
24        investigation. This curriculum must be implemented by
25        July 1, 2023.
26        (3) Training; police dog training standards. All



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1    police dogs used by the Illinois State Police for drug
2    enforcement purposes pursuant to the Cannabis Control Act,
3    the Illinois Controlled Substances Act, and the
4    Methamphetamine Control and Community Protection Act shall
5    be trained by programs that meet the certification
6    requirements set by the Director or the Director's
7    designee. Satisfactory completion of the training shall be
8    evidenced by a certificate issued by the Division of the
9    Academy and Training.
10        (4) Training; post-traumatic stress disorder. The
11    Division of the Academy and Training shall conduct or
12    approve a training program in post-traumatic stress
13    disorder for State police officers. The purpose of that
14    training shall be to equip State police officers to
15    identify the symptoms of post-traumatic stress disorder
16    and to respond appropriately to individuals exhibiting
17    those symptoms.
18        (5) Training; opioid antagonists. The Division of the
19    Academy and Training shall conduct or approve a training
20    program for State police officers in the administration of
21    opioid antagonists as defined in paragraph (1) of
22    subsection (e) of Section 5-23 of the Substance Use
23    Disorder Act that is in accordance with that Section. As
24    used in this Section, "State police officers" includes
25    full-time or part-time State police officers,
26    investigators, and any other employee of the Illinois



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1    State Police exercising the powers of a peace officer.
2        (6) Training; sexual assault and sexual abuse.
3            (A) Every 3 years, the Division of the Academy and
4        Training shall present in-service training on sexual
5        assault and sexual abuse response and report writing
6        training requirements, including, but not limited to,
7        the following:
8                (i) recognizing the symptoms of trauma;
9                (ii) understanding the role trauma has played
10            in a victim's life;
11                (iii) responding to the needs and concerns of
12            a victim;
13                (iv) delivering services in a compassionate,
14            sensitive, and nonjudgmental manner;
15                (v) interviewing techniques in accordance with
16            the curriculum standards in this paragraph (6);
17                (vi) understanding cultural perceptions and
18            common myths of sexual assault and sexual abuse;
19            and
20                (vii) report writing techniques in accordance
21            with the curriculum standards in this paragraph
22            (6).
23            (B) This training must also be presented in all
24        full and part-time basic law enforcement academies.
25            (C) Instructors providing this training shall have
26        successfully completed training on evidence-based,



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1        trauma-informed, victim-centered responses to cases of
2        sexual assault and sexual abuse and have experience
3        responding to sexual assault and sexual abuse cases.
4            (D) The Illinois State Police shall adopt rules,
5        in consultation with the Office of the Attorney
6        General and the Illinois Law Enforcement Training
7        Standards Board, to determine the specific training
8        requirements for these courses, including, but not
9        limited to, the following:
10                (i) evidence-based curriculum standards for
11            report writing and immediate response to sexual
12            assault and sexual abuse, including
13            trauma-informed, victim-centered interview
14            techniques, which have been demonstrated to
15            minimize retraumatization, for all State police
16            officers; and
17                (ii) evidence-based curriculum standards for
18            trauma-informed, victim-centered investigation
19            and interviewing techniques, which have been
20            demonstrated to minimize retraumatization, for
21            cases of sexual assault and sexual abuse for all
22            State police officers who conduct sexual assault
23            and sexual abuse investigations.
24        (7) Training; human trafficking. The Division of the
25    Academy and Training shall conduct or approve a training
26    program in the detection and investigation of all forms of



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1    human trafficking, including, but not limited to,
2    involuntary servitude under subsection (b) of Section 10-9
3    of the Criminal Code of 2012, involuntary sexual servitude
4    of a minor under subsection (c) of Section 10-9 of the
5    Criminal Code of 2012, and trafficking in persons under
6    subsection (d) of Section 10-9 of the Criminal Code of
7    2012. This program shall be made available to all cadets
8    and State police officers.
9        (8) Training; hate crimes. The Division of the Academy
10    and Training shall provide training for State police
11    officers in identifying, responding to, and reporting all
12    hate crimes.
13    (d) The Division of the Academy and Training shall
14administer and conduct a program consistent with 18 U.S.C.
15926B and 926C for qualified active and retired Illinois State
16Police officers.
17(Source: P.A. 102-538, eff. 8-20-21; 102-756, eff. 5-10-22;
18102-813, eff. 5-13-22.)
19    (20 ILCS 2605/2605-52)
20    Sec. 2605-52. Division of Statewide 9-1-1.
21    (a) There shall be established an Office of the Statewide
229-1-1 Administrator within the Division of Statewide 9-1-1.
23Beginning January 1, 2016, the Office of the Statewide 9-1-1
24Administrator shall be responsible for developing,
25implementing, and overseeing a uniform statewide 9-1-1 system



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



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



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



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



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1    (20 ILCS 2610/16)  (from Ch. 121, par. 307.16)
2    Sec. 16. State policemen shall enforce the provisions of
3The Illinois Vehicle Code, approved September 29, 1969, as
4amended, and Article 9 of the "Illinois Highway Code" as
5amended; and shall patrol the public highways and rural
6districts to make arrests for violations of the provisions of
7such Acts. They are conservators of the peace and as such have
8all powers possessed by policemen in cities, and sheriffs,
9except that they may exercise such powers anywhere in this
10State. The State policemen shall cooperate with the police of
11cities, villages and incorporated towns, and with the police
12officers of any county, in enforcing the laws of the State and
13in making arrests and recovering property. They may be
14equipped with standardized and tested devices for weighing
15motor vehicles and may stop and weigh, acting reasonably, or
16cause to be weighed, any motor vehicle which appears to weigh
17in excess of the weight permitted by law. It shall also be the
18duty of the Illinois State Police to determine, whenever
19possible, the person or persons or the causes responsible for
20the breaking or destruction of any improved hard-surfaced
21roadway; to arrest all persons criminally responsible for such
22breaking or destruction and bring them before the proper
23officer for trial. The Illinois State Police shall divide the
24State into zones, troops, or regions Districts and assign each
25zone, troop, or region district to one or more policemen. No
26person employed under this Act, however, shall serve or



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1execute civil process, except for process issued under the
2authority of the General Assembly, or a committee or
3commission thereof vested with subpoena powers when the county
4sheriff refuses or fails to serve such process, and except for
5process allowed by statute or issued under the authority of
6the Illinois Department of Revenue.
7(Source: P.A. 102-538, eff. 8-20-21.)
8    (20 ILCS 2610/20)  (from Ch. 121, par. 307.18a)
9    Sec. 20. The Illinois State Police from time to time may
10enter into contracts with The Illinois State Toll Highway
11Authority, hereinafter called the Authority, with respect to
12the policing of toll highways by the Illinois State Police.
13Such contracts shall provide among other matters for the
14compensation or reimbursement of the Illinois State Police by
15the Authority for the costs incurred by this State with
16respect to such policing service, including, but not limited
17to, the costs of: (1) compensation and training of the State
18policemen and the clerical employees assigned to such policing
19service; and (2) uniforms, equipment, and supplies, which
20shall be Illinois State Police property, and housing used by
21such personnel; and (3) reimbursement of such sums as the
22State expends in connection with payments of claims for
23injuries or illnesses suffered by such personnel in the line
24of duty. Each such contract may provide for the methods of
25ascertaining such costs, and shall be of such duration and may



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1contain such other appropriate terms as the Illinois State
2Police and the Authority may agree upon. The Illinois State
3Police is not obliged to furnish policing service on any
4highway under the jurisdiction of the Authority except as
5required by contract.
6(Source: P.A. 102-538, eff. 8-20-21.)
7    Section 20. The Illinois State Police Radio Act is amended
8by changing Section 10 as follows:
9    (20 ILCS 2615/10)
10    Sec. 10. Public safety radio interoperability. Upon their
11establishment and thereafter, the Director of the Illinois
12State Police, or his or her designee, shall serve as the
13chairman of the Illinois Statewide Interoperability Executive
14Committee (SIEC) and as the chairman of the STARCOM21
15Oversight Committee. The Director or his or her designee, as
16chairman, may increase the size and makeup of the voting
17membership of each committee when deemed necessary for
18improved public safety radio interoperability, but the voting
19membership of each committee must represent public safety
20users (police, fire, or EMS) and must, at a minimum, include
21the representatives specified in this Section.
22    The STARCOM21 Oversight Committee must comprise public
23safety users accessing the system and shall include the
24Statewide Interoperability Coordinator. The members of the



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1STARCOM21 Oversight Committee shall serve without compensation
2and may, at the call of the Chair, meet in person or remotely.
3The Illinois State Police shall provide administrative and
4other support to the STARCOM21 Oversight Committee. The
5STARCOM21 Oversight Committee shall:
6        (1) review existing statutory law and make
7    recommendations for legislative changes to ensure
8    efficient, effective, reliable, and sustainable radio
9    interoperability statewide;
10        (2) make recommendations concerning better integration
11    of the Integrated Public Alert and Warning System
12    statewide; and
13        (3) develop a plan to sustainably fund radio
14    infrastructure, radio equipment, and interoperability
15    statewide.
16    The SIEC shall have at a minimum one representative from
17each of the following: the Illinois Fire Chiefs Association,
18the Rural Fire Protection Association, the Office of the State
19Fire Marshal, the Illinois Association of Chiefs of Police,
20the Illinois Sheriffs' Association, the Illinois State Police,
21the Illinois Emergency Management Agency, the Department of
22Public Health, and the Secretary of State Police (which
23representative shall be the Director of the Secretary of State
24Police or his or her designee).
25(Source: P.A. 102-538, eff. 8-20-21.)



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1    Section 25. 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 30. The State Finance Act is amended by repealing
13Sections 5.783 and 8p.
14    Section 35. The School Code is amended by changing Section
1510-27.1A as follows:
16    (105 ILCS 5/10-27.1A)
17    Sec. 10-27.1A. Firearms in schools.
18    (a) All school officials, including teachers, school
19counselors, and support staff, shall immediately notify the
20office of the principal in the event that they observe any
21person in possession of a firearm on school grounds; provided
22that taking such immediate action to notify the office of the
23principal would not immediately endanger the health, safety,



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1or welfare of students who are under the direct supervision of
2the school official or the school official. If the health,
3safety, or welfare of students under the direct supervision of
4the school official or of the school official is immediately
5endangered, the school official shall notify the office of the
6principal as soon as the students under his or her supervision
7and he or she are no longer under immediate danger. A report is
8not required by this Section when the school official knows
9that the person in possession of the firearm is a law
10enforcement official engaged in the conduct of his or her
11official duties. Any school official acting in good faith who
12makes such a report under this Section shall have immunity
13from any civil or criminal liability that might otherwise be
14incurred as a result of making the report. The identity of the
15school official making such report shall not be disclosed
16except as expressly and specifically authorized by law.
17Knowingly and willfully failing to comply with this Section is
18a petty offense. A second or subsequent offense is a Class C
20    (b) Upon receiving a report from any school official
21pursuant to this Section, or from any other person, the
22principal or his or her designee shall immediately notify a
23local law enforcement agency. If the person found to be in
24possession of a firearm on school grounds is a student, the
25principal or his or her designee shall also immediately notify
26that student's parent or guardian. Any principal or his or her



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1designee acting in good faith who makes such reports under
2this Section shall have immunity from any civil or criminal
3liability that might otherwise be incurred or imposed as a
4result of making the reports. Knowingly and willfully failing
5to comply with this Section is a petty offense. A second or
6subsequent offense is a Class C misdemeanor. If the person
7found to be in possession of the firearm on school grounds is a
8minor, the law enforcement agency shall detain that minor
9until such time as the agency makes a determination pursuant
10to clause (a) of subsection (1) of Section 5-401 of the
11Juvenile Court Act of 1987, as to whether the agency
12reasonably believes that the minor is delinquent. If the law
13enforcement agency determines that probable cause exists to
14believe that the minor committed a violation of item (4) of
15subsection (a) of Section 24-1 of the Criminal Code of 2012
16while on school grounds, the agency shall detain the minor for
17processing pursuant to Section 5-407 of the Juvenile Court Act
18of 1987.
19    (c) Upon On or after January 1, 1997, upon receipt of any
20written, electronic, or verbal report from any school
21personnel regarding a verified incident involving a firearm in
22a school or on school owned or leased property, including any
23conveyance owned, leased, or used by the school for the
24transport of students or school personnel, the superintendent
25or his or her designee shall report all such firearm-related
26incidents occurring in a school or on school property to the



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1local law enforcement authorities immediately, who shall
2report and to the Illinois State Police in a form, manner, and
3frequency as prescribed by the Illinois State Police.
4    The State Board of Education shall receive an annual
5statistical compilation and related data associated with
6incidents involving firearms in schools from the Illinois
7State Police. The State Board of Education shall compile this
8information by school district and make it available to the
10    (d) As used in this Section, the term "firearm" shall have
11the meaning ascribed to it in Section 1.1 of the Firearm Owners
12Identification Card Act.
13    As used in this Section, the term "school" means any
14public or private elementary or secondary school.
15    As used in this Section, the term "school grounds"
16includes the real property comprising any school, any
17conveyance owned, leased, or contracted by a school to
18transport students to or from school or a school-related
19activity, or any public way within 1,000 feet of the real
20property comprising any school.
21(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21;
22102-813, eff. 5-13-22.)
23    Section 40. The Intergovernmental Missing Child Recovery
24Act of 1984 is amended by changing Section 6 as follows:



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1    (325 ILCS 40/6)  (from Ch. 23, par. 2256)
2    Sec. 6. The Illinois State Police shall:
3    (a) Utilize the statewide Law Enforcement Agencies Data
4System (LEADS) for the purpose of effecting an immediate law
5enforcement response to reports of missing children. The
6Illinois State Police shall implement an automated data
7exchange system to compile, to maintain and to make available
8for dissemination to Illinois and out-of-State law enforcement
9agencies, data which can assist appropriate agencies in
10recovering missing children.
11    (b) Establish contacts and exchange information regarding
12lost, missing or runaway children with nationally recognized
13"missing person and runaway" service organizations and monitor
14national research and publicize important developments.
15    (c) Provide a uniform reporting format for the entry of
16pertinent information regarding reports of missing children
17into LEADS.
18    (d) Develop and implement a policy whereby a statewide or
19regional alert would be used in situations relating to the
20disappearances of children, based on criteria and in a format
21established by the Illinois State Police. Such a format shall
22include, but not be limited to, the age and physical
23description of the missing child and the suspected
24circumstances of the disappearance.
25    (e) Notify all law enforcement agencies that reports of
26missing persons shall be entered as soon as the minimum level



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1of data specified by the Illinois State Police is available to
2the reporting agency and that no waiting period for entry of
3such data exists.
4    (f) Provide a procedure for prompt confirmation of the
5receipt and entry of the missing child report into LEADS to the
6parent or guardian of the missing child.
7    (g) Compile and retain information regarding missing
8children in a separate data file, in a manner that allows such
9information to be used by law enforcement and other agencies
10deemed appropriate by the Director, for investigative
11purposes. Such files shall be updated to reflect and include
12information relating to the disposition of the case.
13    (h) Compile and maintain an historic data repository
14relating to missing children in order (1) to develop and
15improve techniques utilized by law enforcement agencies when
16responding to reports of missing children and (2) to provide a
17factual and statistical base for research that would address
18the problem of missing children.
19    (i) Create a quality control program to assess the monitor
20timeliness of entries of missing children reports into LEADS
21and conduct performance audits of all entering agencies.
22    (j) Prepare a periodic information bulletin concerning
23missing children who it determines may be present in this
24State, compiling such bulletin from information contained in
25both the National Crime Information Center computer and from
26reports, alerts and other information entered into LEADS or



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1otherwise compiled and retained by the Illinois State Police
2pursuant to this Act. The bulletin shall indicate the name,
3age, physical description, suspected circumstances of
4disappearance if that information is available, a photograph
5if one is available, the name of the law enforcement agency
6investigating the case, and such other information as the
7Director considers appropriate concerning each missing child
8who the Illinois State Police determines may be present in
9this State. The Illinois State Police shall send a copy of each
10periodic information bulletin to the State Board of Education
11for its use in accordance with Section 2-3.48 of the School
12Code. The Illinois State Police shall provide a copy of the
13bulletin, upon request, to law enforcement agencies of this or
14any other state or of the federal government, and may provide a
15copy of the bulletin, upon request, to other persons or
16entities, if deemed appropriate by the Director, and may
17establish limitations on its use and a reasonable fee for so
18providing the same, except that no fee shall be charged for
19providing the periodic information bulletin to the State Board
20of Education, appropriate units of local government, State
21agencies, or law enforcement agencies of this or any other
22state or of the federal government.
23    (k) Provide for the entry into LEADS of the names and
24addresses of sex offenders as defined in the Sex Offender
25Registration Act who are required to register under that Act.
26The information shall be immediately accessible to law



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1enforcement agencies and peace officers of this State or any
2other state or of the federal government. Similar information
3may be requested from any other state or of the federal
4government for purposes of this Act.
5    (l) Provide for the entry into LEADS of the names and
6addresses of violent offenders against youth as defined in the
7Murderer and Violent Offender Against Youth Registration Act
8who are required to register under that Act. The information
9shall be immediately accessible to law enforcement agencies
10and peace officers of this State or any other state or of the
11federal government. Similar information may be requested from
12any other state or of the federal government for purposes of
13this Act.
14(Source: P.A. 102-538, eff. 8-20-21.)
15    Section 45. 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



10300HB2412ham001- 38 -LRB103 05885 AWJ 58534 a

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
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



10300HB2412ham001- 39 -LRB103 05885 AWJ 58534 a

1becoming law, except that Sections 10, 30, and 40 take effect
2January 1, 2024.".