Full Text of SB3058 095th General Assembly
SB3058 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB3058
Introduced 9/22/2008, by Sen. M. Maggie Crotty SYNOPSIS AS INTRODUCED: |
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20 ILCS 2605/2605-375 |
was 20 ILCS 2605/55a in part |
20 ILCS 2705/2705-505.5 |
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20 ILCS 3305/5 |
from Ch. 127, par. 1055 |
50 ILCS 705/10.10 |
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50 ILCS 722/10 |
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Amends the Department of State Police Law and the Department of Transportation Law of the Civil Administrative Code of Illinois, the Illinois Emergency Management Agency Act, the Illinois Police Training Act, and the Missing Persons Identification Act. With respect to the State Police's missing endangered senior alert system: (i) refers to the alerts as "Silver" Alerts; (ii) requires that the Department coordinate with the Department of Transportation and the Illinois Emergency Management Agency in the public dissemination of the alerts and the promotion of the system; and (iii) requires that local law enforcement agencies provide for prompt use of Silver Alerts and public dissemination of photographs of missing endangered seniors. Makes other changes. Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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SB3058 |
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LRB095 21903 JAM 52170 b |
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| AN ACT concerning State 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 Department of State Police Law of the
Civil | 5 |
| Administrative Code of Illinois is amended by changing Section | 6 |
| 2605-375 as follows:
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| (20 ILCS 2605/2605-375) (was 20 ILCS 2605/55a in part)
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| Sec. 2605-375. Missing persons; Law Enforcement Agencies | 9 |
| Data System
(LEADS) ; Silver Alerts .
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| (a) To establish and maintain a statewide Law Enforcement
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| Agencies Data System (LEADS) for the purpose of providing | 12 |
| electronic access
by authorized entities to criminal justice | 13 |
| data repositories and effecting an
immediate law enforcement | 14 |
| response to reports of missing persons, including
lost, missing | 15 |
| or runaway minors and missing endangered seniors. The | 16 |
| Department shall implement an automatic
data exchange system to | 17 |
| compile, to maintain, and to make available to
other law
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| enforcement agencies for immediate dissemination data that can
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| assist
appropriate agencies in recovering missing persons and | 20 |
| provide access by
authorized entities to various data | 21 |
| repositories available through LEADS for
criminal justice and | 22 |
| related purposes. To assist the Department in
this effort, | 23 |
| funds may be appropriated from the LEADS Maintenance Fund.
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| (b) In exercising its duties under this Section, the
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| Department shall provide a uniform reporting format (LEADS) for | 3 |
| the entry of pertinent
information regarding the report of a | 4 |
| missing person into LEADS. The report must include all of the | 5 |
| following:
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| (1) Relevant information obtained from the | 7 |
| notification concerning the missing person, including all | 8 |
| of the following: | 9 |
| (A) a physical description of the missing person; | 10 |
| (B) the date, time, and place that the missing | 11 |
| person was last seen; and | 12 |
| (C) the missing person's address. | 13 |
| (2) Information gathered by a preliminary | 14 |
| investigation, if one was made. | 15 |
| (3) A statement by the law enforcement officer in | 16 |
| charge stating the officer's assessment of the case based | 17 |
| on the evidence and information received. | 18 |
| (b-5) The Department of State Police shall:
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| (1) Develop and implement a policy whereby a statewide | 20 |
| or regional alert
would be used in situations relating to | 21 |
| the disappearances of individuals,
based on criteria and in | 22 |
| a format established by the Department. Such a
format shall | 23 |
| include, but not be limited to, the age of the missing | 24 |
| person
and the suspected circumstance of the | 25 |
| disappearance.
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| (1.5) In developing the alert system policy under |
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| paragraph (1) of this subsection, include Silver Alerts for | 2 |
| use with respect to missing endangered seniors as defined | 3 |
| in Section 2605-5. The Silver alert system policy must | 4 |
| require the Department, at a minimum, to: | 5 |
| (A) Establish a Silver Plan Task force to monitor | 6 |
| and review the implementation and operation of the | 7 |
| Silver Alert system, including procedures, budgetary | 8 |
| requirements, and response protocols. The Task Force | 9 |
| shall also develop additional network resources for | 10 |
| use in the system. | 11 |
| (B) Coordinate with the Illinois Department of | 12 |
| Transportation for the use of electronic message signs | 13 |
| on roads and highways in the vicinity of the | 14 |
| disappearance of a missing endangered senior to | 15 |
| immediately provide critical information to the | 16 |
| public. | 17 |
| (C) Coordinate with the Illinois Emergency | 18 |
| Management Agency in the development and | 19 |
| implementation of a community outreach program to | 20 |
| promote public awareness of the Silver Alert system.
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| (2) Notify all law enforcement agencies that reports of | 22 |
| missing persons
shall be entered as soon as the minimum | 23 |
| level of data specified by the
Department is available to | 24 |
| the reporting agency and that no waiting period
for the | 25 |
| entry of the data exists.
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| (3) Compile and retain information regarding lost, |
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| abducted, missing,
or
runaway minors in a separate data | 2 |
| file, in a manner that allows that
information to be used | 3 |
| by law enforcement and other agencies deemed
appropriate by | 4 |
| the Director, for investigative purposes. The
information
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| shall include the disposition of all reported lost, | 6 |
| abducted, missing, or
runaway minor cases.
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| (4) Compile and maintain an historic data repository | 8 |
| relating to lost,
abducted, missing, or runaway minors and | 9 |
| other missing persons, including, but not limited to, | 10 |
| missing endangered seniors, in order to
develop and improve | 11 |
| techniques utilized by law enforcement agencies when
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| responding to reports of missing persons.
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| (5) Create a quality control program regarding | 14 |
| confirmation of missing
person data, timeliness of entries | 15 |
| of missing person reports into LEADS,
and
performance | 16 |
| audits of all entering agencies.
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| (c) The Illinois Law Enforcement Training Standards Board | 18 |
| shall conduct a training program for law enforcement personnel | 19 |
| of local governmental agencies in the Missing Persons | 20 |
| Identification Act.
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| (d) The Department of State Police shall perform the duties | 22 |
| prescribed in the Missing Persons Identification Act, subject | 23 |
| to appropriation.
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| (Source: P.A. 94-145, eff. 1-1-06; 95-192, eff. 8-16-07.)
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| Section 10. The Department of Transportation Law of the
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| Civil Administrative Code of Illinois is amended by changing | 2 |
| Section 2705-505.5 as follows:
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| (20 ILCS 2705/2705-505.5)
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| Sec. 2705-505.5. Child abduction and missing endangered | 5 |
| seniors message signs. The Department of
Transportation
shall | 6 |
| coordinate with the Department of State Police in the use of | 7 |
| electronic
message
signs on roads and highways in the vicinity | 8 |
| of a child abduction or the disappearance of a missing | 9 |
| endangered senior to immediately
provide
critical information | 10 |
| to the public.
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| (Source: P.A. 93-310, eff. 7-23-03.)
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| Section 15. The Illinois Emergency Management Agency Act is | 13 |
| amended by changing Section 5 as follows:
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| (20 ILCS 3305/5) (from Ch. 127, par. 1055)
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| Sec. 5. Illinois Emergency Management Agency.
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| (a) There is created within the executive branch of the | 17 |
| State Government an
Illinois Emergency Management Agency and a | 18 |
| Director of the Illinois Emergency
Management Agency, herein | 19 |
| called the "Director" who shall be the head thereof.
The | 20 |
| Director shall be appointed by the Governor, with the advice | 21 |
| and consent of
the Senate, and shall serve for a term of 2 | 22 |
| years beginning on the third Monday
in January of the | 23 |
| odd-numbered year, and until a successor is appointed and
has |
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| qualified; except that the term of the first Director appointed | 2 |
| under this
Act shall expire on the third Monday in January, | 3 |
| 1989. The Director shall not
hold any other remunerative public | 4 |
| office. The Director shall receive an annual
salary as set by | 5 |
| the Governor from time to time or the amount set by the
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| Compensation Review Board, whichever is higher. If set by the | 7 |
| Governor, the
Director's annual salary may not exceed 85% of | 8 |
| the Governor's annual salary.
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| (b) The Illinois Emergency Management Agency shall obtain, | 10 |
| under the
provisions of the Personnel Code, technical, | 11 |
| clerical, stenographic and other
administrative personnel, and | 12 |
| may make expenditures within the appropriation
therefor as may | 13 |
| be necessary to carry out the purpose of this Act. The agency
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| created by this Act is intended to be a successor to the agency | 15 |
| created under
the Illinois Emergency Services and Disaster | 16 |
| Agency Act of 1975 and the
personnel, equipment, records, and | 17 |
| appropriations of that agency are
transferred to the successor | 18 |
| agency as of the effective date of this Act.
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| (c) The Director, subject to the direction and control of | 20 |
| the Governor,
shall be the executive head of the Illinois | 21 |
| Emergency Management Agency and
the State Emergency Response | 22 |
| Commission and shall be responsible under the
direction of the | 23 |
| Governor, for carrying out the program for emergency
management | 24 |
| of this State. The Director shall also maintain liaison
and | 25 |
| cooperate with
the emergency management organizations of this | 26 |
| State and other states and of
the federal government.
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| (d) The Illinois Emergency Management Agency shall take an | 2 |
| integral part in
the development and revision of political | 3 |
| subdivision emergency operations
plans prepared under | 4 |
| paragraph (f) of Section 10. To this end it shall employ
or | 5 |
| otherwise secure the services of professional and technical | 6 |
| personnel
capable of providing expert assistance to the | 7 |
| emergency services and disaster
agencies. These personnel | 8 |
| shall consult with emergency services and disaster
agencies on | 9 |
| a regular basis and shall make field examinations of the areas,
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| circumstances, and conditions that particular political | 11 |
| subdivision emergency
operations plans are intended to apply.
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| (e) The Illinois Emergency Management Agency and political | 13 |
| subdivisions
shall be encouraged to form an emergency | 14 |
| management advisory committee composed
of private and public | 15 |
| personnel representing the emergency management phases of
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| mitigation, preparedness, response, and recovery.
The Local | 17 |
| Emergency Planning Committee, as created under the Illinois
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| Emergency
Planning and Community Right to Know Act, shall serve | 19 |
| as
an advisory
committee to the emergency services and disaster | 20 |
| agency or agencies serving
within the boundaries
of that Local | 21 |
| Emergency Planning Committee planning district for:
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| (1) the development of emergency operations plan | 23 |
| provisions for hazardous
chemical
emergencies; and
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| (2) the assessment of emergency response capabilities | 25 |
| related to hazardous
chemical
emergencies.
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| (f) The Illinois Emergency Management Agency shall:
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| (1) Coordinate the overall emergency management | 2 |
| program of the State.
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| (2) Cooperate with local governments, the federal | 4 |
| government and any
public or private agency or entity in | 5 |
| achieving any purpose of this Act and
in implementing | 6 |
| emergency management programs for mitigation, | 7 |
| preparedness,
response, and recovery.
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| (2.5) Develop a comprehensive emergency preparedness | 9 |
| and response plan for any nuclear
accident in accordance | 10 |
| with Section 65 of the Department of Nuclear Safety
Law of | 11 |
| 2004 (20 ILCS 3310) and in development of the
Illinois
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| Nuclear Safety Preparedness program in accordance with | 13 |
| Section 8 of the
Illinois Nuclear Safety Preparedness Act.
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| (2.6) Coordinate with the Department of Public Health
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| with respect to planning for and responding to public | 16 |
| health emergencies.
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| (3) Prepare, for issuance by the Governor, executive | 18 |
| orders,
proclamations, and regulations as necessary or | 19 |
| appropriate in coping with
disasters.
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| (4) Promulgate rules and requirements for political | 21 |
| subdivision
emergency operations plans that are not | 22 |
| inconsistent with and are at least
as stringent as | 23 |
| applicable federal laws and regulations.
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| (5) Review and approve, in accordance with Illinois | 25 |
| Emergency Management
Agency rules, emergency operations
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| plans for those political subdivisions required to have an |
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| emergency services
and disaster agency pursuant to this | 2 |
| Act.
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| (5.5) Promulgate rules and requirements for the | 4 |
| political subdivision
emergency management
exercises, | 5 |
| including, but not limited to, exercises of the emergency | 6 |
| operations
plans.
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| (5.10) Review, evaluate, and approve, in accordance | 8 |
| with Illinois
Emergency
Management
Agency rules, political | 9 |
| subdivision emergency management exercises for those
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| political subdivisions
required to have an emergency | 11 |
| services and disaster agency pursuant to this
Act.
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| (6) Determine requirements of the State and its | 13 |
| political
subdivisions
for food, clothing, and other | 14 |
| necessities in event of a disaster.
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| (7) Establish a register of persons with types of | 16 |
| emergency
management
training and skills in mitigation, | 17 |
| preparedness, response, and recovery.
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| (8) Establish a register of government and private | 19 |
| response
resources
available for use in a disaster.
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| (9) Expand the Earthquake Awareness Program and its | 21 |
| efforts to
distribute earthquake preparedness materials to | 22 |
| schools, political
subdivisions, community groups, civic | 23 |
| organizations, and the media.
Emphasis will be placed on | 24 |
| those areas of the State most at risk from an
earthquake. | 25 |
| Maintain the list of all school districts, hospitals,
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| airports, power plants, including nuclear power plants, |
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| lakes, dams,
emergency response facilities of all types, | 2 |
| and all other major public or
private structures which are | 3 |
| at the greatest risk of damage from
earthquakes under | 4 |
| circumstances where the damage would cause subsequent
harm | 5 |
| to the surrounding communities and residents.
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| (10) Disseminate all information, completely and | 7 |
| without
delay, on water
levels for rivers and streams and | 8 |
| any other data pertaining to potential
flooding supplied by | 9 |
| the Division of Water Resources within the Department of
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| Natural Resources to all political subdivisions to the | 11 |
| maximum extent possible.
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| (11) Develop agreements, if feasible, with medical | 13 |
| supply and
equipment
firms to
supply resources as are | 14 |
| necessary to respond to an earthquake or any other
disaster | 15 |
| as defined in this Act. These resources will be made | 16 |
| available
upon notifying the vendor of the disaster. | 17 |
| Payment for the resources will
be in accordance with | 18 |
| Section 7 of this Act. The Illinois Department of
Public | 19 |
| Health shall determine which resources will be required and | 20 |
| requested.
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| (11.5) In coordination with the Department of State | 22 |
| Police, develop and
implement a community outreach program | 23 |
| to promote (i) awareness among the State's
parents and | 24 |
| children of child abduction prevention and response and | 25 |
| (ii) public awareness of the Silver Alert system developed | 26 |
| under Section 2605-375 of the Department of State Police |
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| Law of the Civil Administrative Code of Illinois .
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| (12) Out of funds appropriated for these purposes, | 3 |
| award capital and
non-capital grants to Illinois hospitals | 4 |
| or health care facilities located
outside of a city with a | 5 |
| population in excess of 1,000,000 to be used for
purposes | 6 |
| that include, but are not limited to, preparing to respond | 7 |
| to mass
casualties and disasters, maintaining and | 8 |
| improving patient safety and
quality of care, and | 9 |
| protecting the confidentiality of patient information.
No | 10 |
| single grant for a capital expenditure shall exceed | 11 |
| $300,000.
No single grant for a non-capital expenditure | 12 |
| shall exceed $100,000.
In awarding such grants, preference | 13 |
| shall be given to hospitals that serve
a significant number | 14 |
| of Medicaid recipients, but do not qualify for
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| disproportionate share hospital adjustment payments under | 16 |
| the Illinois Public
Aid Code. To receive such a grant, a | 17 |
| hospital or health care facility must
provide funding of at | 18 |
| least 50% of the cost of the project for which the grant
is | 19 |
| being requested.
In awarding such grants the Illinois | 20 |
| Emergency Management Agency shall consider
the | 21 |
| recommendations of the Illinois Hospital Association.
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| (13) Do all other things necessary, incidental or | 23 |
| appropriate
for the implementation of this Act.
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| (Source: P.A. 93-249, eff. 7-22-03; 93-310, eff. 7-23-03; | 25 |
| 94-334, eff. 1-1-06.)
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| Section 20. The Illinois Police Training Act is amended by | 2 |
| changing Section 10.10 as follows:
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| (50 ILCS 705/10.10)
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| Sec. 10.10. Training in child abduction (AMBER) alert | 5 |
| system and missing endangered senior (Silver) alert system. The | 6 |
| Board shall
conduct a
training program for law enforcement | 7 |
| personnel of local governmental agencies
in the
statewide | 8 |
| coordinated child abduction (AMBER) alert system developed | 9 |
| under Section
2605-480 of
the Department of State Police Law of | 10 |
| the Civil Administrative Code of
Illinois and the statewide | 11 |
| coordinated missing endangered senior (Silver) alert system | 12 |
| developed under Section 2605-375 of the Department of State | 13 |
| Police Law of the
Civil Administrative Code of Illinois.
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| (Source: P.A. 93-310, eff. 7-23-03; 94-145, eff. 1-1-06.)
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| Section 25. The Missing Persons Identification Act is | 16 |
| amended by changing Section 10 as follows: | 17 |
| (50 ILCS 722/10)
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| Sec. 10. Law enforcement analysis and reporting of missing | 19 |
| person information. | 20 |
| (a) Prompt determination of high-risk missing person. | 21 |
| (1) Definition. "High-risk missing person" means a | 22 |
| person whose whereabouts are not currently known and whose | 23 |
| circumstances indicate that the person may be at risk of |
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| injury or death. The circumstances that indicate that a | 2 |
| person is a high-risk missing person include, but are not | 3 |
| limited to, any of the following: | 4 |
| (A) the person is missing as a result of a stranger | 5 |
| abduction; | 6 |
| (B) the person is missing under suspicious | 7 |
| circumstances; | 8 |
| (C) the person is missing under unknown | 9 |
| circumstances; | 10 |
| (D) the person is missing under known dangerous | 11 |
| circumstances; | 12 |
| (E) the person is missing more than 30 days; | 13 |
| (F) the person has already been designated as a | 14 |
| high-risk missing person by another law enforcement | 15 |
| agency; | 16 |
| (F-5) the person is a missing endangered senior as | 17 |
| defined in Section 2605-5 of the Department of State | 18 |
| Police Law of the Civil Administrative Code of | 19 |
| Illinois; | 20 |
| (G) there is evidence that the person is at risk | 21 |
| because: | 22 |
| (i) the person is in need of medical attention | 23 |
| or prescription medication; | 24 |
| (ii) the person does not have a pattern of | 25 |
| running away or disappearing; | 26 |
| (iii) the person may have been abducted by a |
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| non-custodial parent; | 2 |
| (iv) the person is mentally impaired; | 3 |
| (v) the person is under the age of 21; | 4 |
| (vi) the person has been the subject of past | 5 |
| threats or acts of violence; | 6 |
| (vii) the person has eloped from a nursing | 7 |
| home; 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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| (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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| 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.
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| (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 a Silver Alert in cases involving | 19 |
| missing endangered seniors ; or public dissemination of | 20 |
| photographs in appropriate high risk cases.
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| (Source: P.A. 95-192, eff. 8-16-07.)
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| Section 99. Effective date. This Act takes effect upon | 23 |
| becoming law.
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