Full Text of HB2332 96th General Assembly
HB2332eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Missing Persons Identification Act is | 5 |
| amended by changing Section 10 and by adding Sections 90 and 92 | 6 |
| as follows: | 7 |
| (50 ILCS 722/10)
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| Sec. 10. Law enforcement analysis and reporting of missing | 9 |
| person information. | 10 |
| (a) Prompt determination of high-risk missing person. | 11 |
| (1) Definition. "High-risk missing person" means a | 12 |
| person whose whereabouts are not currently known and whose | 13 |
| circumstances indicate that the person may be at risk of | 14 |
| injury or death. The circumstances that indicate that a | 15 |
| person is a high-risk missing person include, but are not | 16 |
| limited to, any of the following: | 17 |
| (A) the person is missing as a result of a stranger | 18 |
| abduction; | 19 |
| (B) the person is missing under suspicious | 20 |
| circumstances; | 21 |
| (A) (C) the person is missing under unknown | 22 |
| circumstances; | 23 |
| (D) the person is missing under known dangerous |
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| circumstances; | 2 |
| (B) (E) the person is missing more than 30 days; | 3 |
| (C) (F) the person has already been designated as a | 4 |
| high-risk missing person by another law enforcement | 5 |
| agency; | 6 |
| (D) (G) there is evidence that the person is at | 7 |
| risk because: | 8 |
| (i) the person is in need of medical attention | 9 |
| or prescription medication; | 10 |
| (ii) the person does not have a pattern of | 11 |
| running away or disappearing; | 12 |
| (iii) the person may have been abducted by a | 13 |
| non-custodial parent; | 14 |
| (iv) the person is mentally impaired; | 15 |
| (v) the person has an active order of | 16 |
| protection against another or has requested an | 17 |
| order of protection within the previous 12 months | 18 |
| is under the age of 21 ; | 19 |
| (vi) the person has been the subject of past | 20 |
| threats or acts of violence by another ; | 21 |
| (vii) the person has been the victim of | 22 |
| domestic violence, stalking, aggravated stalking, | 23 |
| a sex offense under Article 11 or bodily harm under | 24 |
| Article 12 of the Criminal Code of 1961, attempted | 25 |
| murder, or any documented act or threat of violence | 26 |
| eloped from a nursing home ; or |
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| (E) (H) any other factor that may, in the judgment | 2 |
| of the law enforcement official, indicate that the | 3 |
| missing person may be at risk. | 4 |
| (2) Law enforcement risk assessment. | 5 |
| (A) Upon initial receipt of a missing person | 6 |
| report, the law enforcement agency shall immediately | 7 |
| determine whether there is a basis to determine that | 8 |
| the missing person is a high-risk missing person. | 9 |
| (B) If a law enforcement agency has previously | 10 |
| determined that a missing person is not a high-risk | 11 |
| missing person, but obtains new information, it shall | 12 |
| immediately determine whether the information | 13 |
| indicates that the missing person is a high-risk | 14 |
| missing person. | 15 |
| (C) Law enforcement agencies are encouraged to | 16 |
| establish written protocols for the handling of | 17 |
| missing person cases to accomplish the purposes of this | 18 |
| Act. | 19 |
| (3) Law enforcement agency reports. | 20 |
| (A) The responding local law enforcement agency | 21 |
| shall immediately enter all collected information | 22 |
| relating to the missing person case in the Law | 23 |
| Enforcement Agencies Data System (LEADS) and the | 24 |
| National Crime Information Center (NCIC) databases. | 25 |
| The information shall be provided in accordance with | 26 |
| applicable guidelines relating to the databases. The |
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| information shall be entered as follows: | 2 |
| (i) All appropriate DNA profiles, as | 3 |
| determined by the Department of State Police, | 4 |
| shall be uploaded into the missing person | 5 |
| databases of the State DNA Index System (SDIS) and | 6 |
| National DNA Index System (NDIS) after completion | 7 |
| of the DNA analysis and other procedures required | 8 |
| for database entry. | 9 |
| (ii) Information relevant to the Federal | 10 |
| Bureau of Investigation's Violent Criminal | 11 |
| Apprehension Program shall be entered as soon as | 12 |
| possible. | 13 |
| (iii) The Department of State Police shall | 14 |
| ensure that persons entering data relating to | 15 |
| medical or dental records in State or federal | 16 |
| databases are specifically trained to understand | 17 |
| and correctly enter the information sought by | 18 |
| these databases. The Department of State Police | 19 |
| shall either use a person with specific expertise | 20 |
| in
medical or dental records for this purpose or | 21 |
| consult with a chief medical examiner, forensic | 22 |
| anthropologist, or odontologist to ensure the | 23 |
| accuracy and completeness of information entered | 24 |
| into the State and federal databases.
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| (B) The Department of State Police shall | 26 |
| immediately notify all law enforcement agencies within |
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| this State and the surrounding region of the | 2 |
| information that will aid in the prompt location and | 3 |
| safe return of the high-risk missing person. | 4 |
| (C) The local law enforcement agencies that | 5 |
| receive the notification from the Department of State | 6 |
| Police , or otherwise are aware that a high-risk missing | 7 |
| person may be in the area, shall notify officers to be | 8 |
| on the lookout for and to actively search for the | 9 |
| missing person or a suspected abductor. | 10 |
| (D) Pursuant to any applicable State criteria, | 11 |
| local law enforcement agencies shall also provide for | 12 |
| the prompt use of an Amber Alert in cases involving | 13 |
| abducted children; or public dissemination of | 14 |
| photographs in appropriate high risk cases.
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| (Source: P.A. 95-192, eff. 8-16-07.) | 16 |
| (50 ILCS 722/90 new) | 17 |
| Sec. 90. Exempt mandate. Notwithstanding Sections 6 and 8 | 18 |
| of the State Mandates Act, no reimbursement by the State is | 19 |
| required for the implementation of any mandate created by this | 20 |
| Act. | 21 |
| (50 ILCS 722/92 new) | 22 |
| Sec. 92. Home rule preemption. All law enforcement | 23 |
| agencies, including those of home rule units, must comply with | 24 |
| the requirements of this Act. Governmental entities employing |
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| law enforcement personnel are authorized to take additional | 2 |
| steps to ensure that the purposes of this Act are accomplished. | 3 |
| This Section is a limitation under subsection (i) of Section 6 | 4 |
| of Article VII of the Illinois Constitution on the concurrent | 5 |
| exercise by home rule units of powers and functions exercised | 6 |
| by the State. | 7 |
| Section 90. The State Mandates Act is amended by adding | 8 |
| Section 8.33 as follows: | 9 |
| (30 ILCS 805/8.33 new) | 10 |
| Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8 | 11 |
| of this Act, no reimbursement by the State is required for the | 12 |
| implementation of any mandate created by the Missing Persons | 13 |
| Identification Act.
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| Section 99. Effective date. This Act takes effect upon | 15 |
| becoming law.
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