Full Text of HB3503 97th General Assembly
HB3503eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Department of State Police Law of the
Civil | 5 | | Administrative Code of Illinois is amended by adding Section | 6 | | 2605-490 as follows: | 7 | | (20 ILCS 2605/2605-490 new) | 8 | | Sec. 2605-490. Crimes Against Police Officers Advisory. | 9 | | (a) A coordinated program known as the Crimes Against | 10 | | Police Officers Advisory is established within the Department | 11 | | of State Police. The Crimes Against Police Officers Advisory | 12 | | may be referred to as the Blue Alert Program. The purpose of | 13 | | the Crimes Against Police Officers Advisory is to provide a | 14 | | regional system for the rapid dissemination of information | 15 | | regarding the commission or attempted commission of the | 16 | | following crimes against a police officer or peace officer: | 17 | | first degree murder, second degree murder, involuntary | 18 | | manslaughter, reckless homicide, and concealment of homicidal | 19 | | death. | 20 | | (b) The implementation of the Crimes Against Police | 21 | | Officers Advisory program may include, but not be limited to, | 22 | | the use in coordination with the Illinois Department of | 23 | | Transportation of electronic message signs on roads and |
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| 1 | | highways in the vicinity of the commission or attempted | 2 | | commission of a crime set forth in subsection (a) against a | 3 | | police officer or peace officer to immediately provide critical | 4 | | information to the public. | 5 | | (c) The Director of State Police may promulgate, in | 6 | | conformity with the procedures set forth in the Illinois | 7 | | Administrative Procedure Act, administrative rules to | 8 | | implement the Crimes Against Police Officers Advisory program. | 9 | | (d) For the purposes of this Section, the following terms | 10 | | have the indicated meanings: | 11 | | "Attempt" has the meaning ascribed to that term in | 12 | | Section 9-1 of the Criminal Code of 1961. | 13 | | "Concealment of homicidal death" has the meaning | 14 | | ascribed to that term in Section 9-3.4 of the Criminal Code | 15 | | of 1961. | 16 | | "First degree murder" has the meaning ascribed to that | 17 | | term in Section 9-1 of the Criminal Code of 1961. | 18 | | "Involuntary manslaughter" has the meaning ascribed to | 19 | | that term in Section 9-3 of the Criminal Code of 1961. | 20 | | "Reckless homicide" has the meaning ascribed to that | 21 | | term in Section 9-3 of the Criminal Code of 1961. | 22 | | "Second degree murder" has the meaning ascribed to that | 23 | | term in Section 9-2 of the Criminal Code of 1961. | 24 | | Section 10. The Department of Transportation Law of the
| 25 | | Civil Administrative Code of Illinois is amended by changing |
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| 1 | | Section 2705-505.5 as follows:
| 2 | | (20 ILCS 2705/2705-505.5)
| 3 | | Sec. 2705-505.5. Child abduction and police officer and | 4 | | peace officer message signs. The Department of
Transportation
| 5 | | shall coordinate with the Department of State Police in the use | 6 | | of electronic
message
signs on roads and highways in the | 7 | | vicinity of a child abduction or the commission or attempted | 8 | | commission of a crime set forth in subsection (a) of Section | 9 | | 2605-490 of the Department of State Police Law against a police | 10 | | officer or peace officer to immediately
provide
critical | 11 | | information to the public.
| 12 | | (Source: P.A. 93-310, eff. 7-23-03.)
| 13 | | Section 15. The Missing Persons Identification Act is | 14 | | amended by changing Section 10 as follows: | 15 | | (50 ILCS 722/10)
| 16 | | Sec. 10. Law enforcement analysis and reporting of missing | 17 | | person information. | 18 | | (a) Prompt determination of high-risk missing person. | 19 | | (1) Definition. "High-risk missing person" means a | 20 | | person whose whereabouts are not currently known and whose | 21 | | circumstances indicate that the person may be at risk of | 22 | | injury or death. The circumstances that indicate that a | 23 | | person is a high-risk missing person include, but are not |
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| 1 | | limited to, any of the following: | 2 | | (A) the person is missing as a result of a stranger | 3 | | abduction; | 4 | | (B) the person is missing under suspicious | 5 | | circumstances; | 6 | | (C) the person is missing under unknown | 7 | | circumstances; | 8 | | (D) the person is missing under known dangerous | 9 | | circumstances; | 10 | | (E) the person is missing more than 30 days; | 11 | | (F) the person has already been designated as a | 12 | | high-risk missing person by another law enforcement | 13 | | agency; | 14 | | (G) there is evidence that the person is at risk | 15 | | because: | 16 | | (i) the person is in need of medical attention, | 17 | | including but not limited to persons with | 18 | | dementia-like symptoms, or prescription | 19 | | medication; | 20 | | (ii) the person does not have a pattern of | 21 | | running away or disappearing; | 22 | | (iii) the person may have been abducted by a | 23 | | non-custodial parent; | 24 | | (iv) the person is mentally impaired; | 25 | | (v) the person is under the age of 21; | 26 | | (vi) the person has been the subject of past |
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| 1 | | threats or acts of violence; | 2 | | (vii) the person has eloped from a nursing | 3 | | home; or | 4 | | (H) any other factor that may, in the judgment of | 5 | | the law enforcement official, indicate that the | 6 | | missing person may be at risk. | 7 | | (2) Law enforcement risk assessment. | 8 | | (A) Upon initial receipt of a missing person | 9 | | report, the law enforcement agency shall immediately | 10 | | determine whether there is a basis to determine that | 11 | | the missing person is a high-risk missing person. | 12 | | (B) If a law enforcement agency has previously | 13 | | determined that a missing person is not a high-risk | 14 | | missing person, but obtains new information, it shall | 15 | | immediately determine whether the information | 16 | | indicates that the missing person is a high-risk | 17 | | missing person. | 18 | | (C) Law enforcement agencies are encouraged to | 19 | | establish written protocols for the handling of | 20 | | missing person cases to accomplish the purposes of this | 21 | | Act. | 22 | | (3) Law enforcement agency reports. | 23 | | (A) The responding local law enforcement agency | 24 | | shall immediately enter all collected information | 25 | | relating to the missing person case in the Law | 26 | | Enforcement Agencies Data System (LEADS) and the |
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| 1 | | National Crime Information Center (NCIC) databases. | 2 | | The information shall be provided in accordance with | 3 | | applicable guidelines relating to the databases. The | 4 | | information shall be entered as follows: | 5 | | (i) All appropriate DNA profiles, as | 6 | | determined by the Department of State Police, | 7 | | shall be uploaded into the missing person | 8 | | databases of the State DNA Index System (SDIS) and | 9 | | National DNA Index System (NDIS) after completion | 10 | | of the DNA analysis and other procedures required | 11 | | for database entry. | 12 | | (ii) Information relevant to the Federal | 13 | | Bureau of Investigation's Violent Criminal | 14 | | Apprehension Program shall be entered as soon as | 15 | | possible. | 16 | | (iii) The Department of State Police shall | 17 | | ensure that persons entering data relating to | 18 | | medical or dental records in State or federal | 19 | | databases are specifically trained to understand | 20 | | and correctly enter the information sought by | 21 | | these databases. The Department of State Police | 22 | | shall either use a person with specific expertise | 23 | | in
medical or dental records for this purpose or | 24 | | consult with a chief medical examiner, forensic | 25 | | anthropologist, or odontologist to ensure the | 26 | | accuracy and completeness of information entered |
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| 1 | | into the State and federal databases.
| 2 | | (B) The Department of State Police shall | 3 | | immediately notify all law enforcement agencies within | 4 | | this State and the surrounding region of the | 5 | | information that will aid in the prompt location and | 6 | | safe return of the high-risk missing person. | 7 | | (C) The local law enforcement agencies that | 8 | | receive the notification from the Department of State | 9 | | Police shall notify officers to be on the lookout for | 10 | | the missing person or a suspected abductor. | 11 | | (D) Pursuant to any applicable State criteria, | 12 | | local law enforcement agencies shall also provide for | 13 | | the prompt use of the following: (i) an Amber Alert in | 14 | | cases involving abducted children , (ii) ; or use of the | 15 | | Endangered Missing Person Advisory in appropriate high | 16 | | risk cases , or (iii) the Crimes Against Police Officers | 17 | | Advisory in appropriate cases .
| 18 | | (Source: P.A. 95-192, eff. 8-16-07; 96-149, eff. 1-1-10.)
| 19 | | Section 99. Effective date. This Act takes effect January | 20 | | 1, 2012. |
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