Full Text of HB2747 101st General Assembly
HB2747 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB2747 Introduced , by Rep. Thomas Morrison SYNOPSIS AS INTRODUCED: |
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Amends the Missing Persons Identification Act. Provides that no later than 30 days after a responding law enforcement agency has received a missing person report, that agency shall transmit the report to the National Missing and Unidentified Persons System. Effective immediately.
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| | A BILL FOR |
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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 Section 10 as follows: | 6 | | (50 ILCS 722/10)
| 7 | | Sec. 10. Law enforcement analysis and reporting of missing | 8 | | person information. | 9 | | (a) Prompt determination of high-risk missing person. | 10 | | (1) Definition. "High-risk missing person" means a | 11 | | person whose whereabouts are not currently known and whose | 12 | | circumstances indicate that the person may be at risk of | 13 | | injury or death. The circumstances that indicate that a | 14 | | person is a high-risk missing person include, but are not | 15 | | limited to, any of the following: | 16 | | (A) the person is missing as a result of a stranger | 17 | | abduction; | 18 | | (B) the person is missing under suspicious | 19 | | circumstances; | 20 | | (C) the person is missing under unknown | 21 | | circumstances; | 22 | | (D) the person is missing under known dangerous | 23 | | circumstances; |
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| 1 | | (E) the person is missing more than 30 days; | 2 | | (F) the person has already been designated as a | 3 | | high-risk missing person by another law enforcement | 4 | | agency; | 5 | | (G) there is evidence that the person is at risk | 6 | | because: | 7 | | (i) the person is in need of medical attention, | 8 | | including but not limited to persons with | 9 | | dementia-like symptoms, or prescription | 10 | | medication; | 11 | | (ii) the person does not have a pattern of | 12 | | running away or disappearing; | 13 | | (iii) the person may have been abducted by a | 14 | | non-custodial parent; | 15 | | (iv) the person is mentally impaired, | 16 | | including, but not limited to, a person having a | 17 | | developmental disability, as defined in Section | 18 | | 1-106 of the Mental Health and Developmental | 19 | | Disabilities Code, or a person having an | 20 | | intellectual disability, as defined in Section | 21 | | 1-116 of the Mental Health and Developmental | 22 | | Disabilities Code; | 23 | | (v) the person is under the age of 21; | 24 | | (vi) the person has been the subject of past | 25 | | threats or acts of violence; | 26 | | (vii) the person has eloped from a nursing |
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| 1 | | home; | 2 | | (G-5) the person is a veteran or active duty member | 3 | | of the United States Armed Forces, the National Guard, | 4 | | or any reserve component of the United States Armed | 5 | | Forces who is believed to have a physical or mental | 6 | | health condition that is related to his or her service; | 7 | | or | 8 | | (H) any other factor that may, in the judgment of | 9 | | the law enforcement official, indicate that the | 10 | | missing person may be at risk. | 11 | | (2) Law enforcement risk assessment. | 12 | | (A) Upon initial receipt of a missing person | 13 | | report, the law enforcement agency shall immediately | 14 | | determine whether there is a basis to determine that | 15 | | the missing person is a high-risk missing person. | 16 | | (B) If a law enforcement agency has previously | 17 | | determined that a missing person is not a high-risk | 18 | | missing person, but obtains new information, it shall | 19 | | immediately determine whether the information | 20 | | indicates that the missing person is a high-risk | 21 | | missing person. | 22 | | (C) Law enforcement agencies are encouraged to | 23 | | establish written protocols for the handling of | 24 | | missing person cases to accomplish the purposes of this | 25 | | Act. | 26 | | (3) Law enforcement agency reports. |
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| 1 | | (A) The responding local law enforcement agency | 2 | | shall immediately enter all collected information | 3 | | relating to the missing person case in the Law | 4 | | Enforcement Agencies Data System (LEADS) and the | 5 | | National Crime Information Center (NCIC) databases. | 6 | | The information shall be provided in accordance with | 7 | | applicable guidelines relating to the databases. The | 8 | | information shall be entered as follows: | 9 | | (i) All appropriate DNA profiles, as | 10 | | determined by the Department of State Police, | 11 | | shall be uploaded into the missing person | 12 | | databases of the State DNA Index System (SDIS) and | 13 | | National DNA Index System (NDIS) after completion | 14 | | of the DNA analysis and other procedures required | 15 | | for database entry. | 16 | | (ii) Information relevant to the Federal | 17 | | Bureau of Investigation's Violent Criminal | 18 | | Apprehension Program shall be entered as soon as | 19 | | possible. | 20 | | (iii) The Department of State Police shall | 21 | | ensure that persons entering data relating to | 22 | | medical or dental records in State or federal | 23 | | databases are specifically trained to understand | 24 | | and correctly enter the information sought by | 25 | | these databases. The Department of State Police | 26 | | shall either use a person with specific expertise |
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| 1 | | in
medical or dental records for this purpose or | 2 | | consult with a chief medical examiner, forensic | 3 | | anthropologist, or odontologist to ensure the | 4 | | accuracy and completeness of information entered | 5 | | into the State and federal databases.
| 6 | | (B) The Department of State Police shall | 7 | | immediately notify all law enforcement agencies within | 8 | | this State and the surrounding region of the | 9 | | information that will aid in the prompt location and | 10 | | safe return of the high-risk missing person. | 11 | | (C) The local law enforcement agencies that | 12 | | receive the notification from the Department of State | 13 | | Police shall notify officers to be on the lookout for | 14 | | the missing person or a suspected abductor. | 15 | | (D) Pursuant to any applicable State criteria, | 16 | | local law enforcement agencies shall also provide for | 17 | | the prompt use of an Amber Alert in cases involving | 18 | | abducted children; or use of the Endangered Missing | 19 | | Person Advisory in appropriate high risk cases.
| 20 | | (4) No later than 30 days after a responding law | 21 | | enforcement agency has received a missing person report, | 22 | | that agency shall transmit the report to the National | 23 | | Missing and Unidentified Persons System. | 24 | | (Source: P.A. 100-631, eff. 1-1-19; 100-662, eff. 1-1-19; | 25 | | 100-835, eff. 1-1-19; revised 9-28-18.)
| 26 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.
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