Full Text of HB4097 99th General Assembly
HB4097enr 99TH GENERAL ASSEMBLY |
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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 5 as follows: | 6 | | (50 ILCS 722/5)
| 7 | | Sec. 5. Missing person reports. | 8 | | (a) Report acceptance. All law enforcement agencies shall | 9 | | accept without delay any report of a missing person. Acceptance | 10 | | of a missing person report filed in person may not be refused | 11 | | on any ground. No law enforcement agency may refuse to accept a | 12 | | missing person report: | 13 | | (1) on the basis that the missing person is an adult; | 14 | | (2) on the basis that the circumstances do not indicate | 15 | | foul play; | 16 | | (3) on the basis that the person has been missing for a | 17 | | short period of time; | 18 | | (4) on the basis that the person has been missing a | 19 | | long period of time; | 20 | | (5) on the basis that there is no indication that the | 21 | | missing person was in the jurisdiction served by the law | 22 | | enforcement agency at the time of the disappearance; | 23 | | (6) on the basis that the circumstances suggest that |
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| 1 | | the disappearance may be voluntary; | 2 | | (7) on the basis that the reporting individual does not | 3 | | have personal knowledge of the facts; | 4 | | (8) on the basis that the reporting individual cannot | 5 | | provide all of the information requested by the law | 6 | | enforcement agency; | 7 | | (9) on the basis that the reporting individual lacks a | 8 | | familial or other relationship with the missing person; or | 9 | | (9-5) on the basis of the missing person's mental state | 10 | | or medical condition; or | 11 | | (10) for any other reason. | 12 | | (b) Manner of reporting. All law enforcement agencies shall | 13 | | accept missing person reports in person. Law enforcement | 14 | | agencies are encouraged to accept reports by phone or by | 15 | | electronic or other media to the extent that such reporting is | 16 | | consistent with law enforcement policies or practices. | 17 | | (c) Contents of report. In accepting a report of a missing | 18 | | person, the law enforcement agency shall attempt to gather | 19 | | relevant information relating to the disappearance. The law | 20 | | enforcement agency shall attempt to gather at the time of the | 21 | | report information that shall include, but shall not be limited | 22 | | to, the following: | 23 | | (1) the name of the missing person, including | 24 | | alternative names used; | 25 | | (2) the missing person's date of birth; | 26 | | (3) the missing person's identifying marks, such as |
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| 1 | | birthmarks, moles, tattoos, and scars; | 2 | | (4) the missing person's height and weight; | 3 | | (5) the missing person's gender; | 4 | | (6) the missing person's race; | 5 | | (7) the missing person's current hair color and true or | 6 | | natural hair color; | 7 | | (8) the missing person's eye color; | 8 | | (9) the missing person's prosthetics, surgical | 9 | | implants, or cosmetic implants; | 10 | | (10) the missing person's physical anomalies; | 11 | | (11) the missing person's blood type, if known; | 12 | | (12) the missing person's driver's license number, if | 13 | | known; | 14 | | (13) the missing person's social security number, if | 15 | | known; | 16 | | (14) a photograph of the missing person; recent | 17 | | photographs are preferable and the agency is encouraged to | 18 | | attempt to ascertain the approximate date the photograph | 19 | | was taken; | 20 | | (15) a description of the clothing the missing person | 21 | | was believed to be wearing; | 22 | | (16) a description of items that might be with the | 23 | | missing person, such as jewelry, accessories, and shoes or | 24 | | boots; | 25 | | (17) information on the missing person's electronic | 26 | | communications devices, such as cellular telephone numbers |
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| 1 | | and e-mail addresses; | 2 | | (18) the reasons why the reporting individual believes | 3 | | that the person is missing; | 4 | | (19)
the name and location of the missing person's | 5 | | school or employer, if known;
| 6 | | (20) the name and location of the missing person's | 7 | | dentist or primary care physician, or both, if known; | 8 | | (21) any circumstances that may indicate that the | 9 | | disappearance was not voluntary; | 10 | | (22) any circumstances that may indicate that the | 11 | | missing person may be at risk of injury or death; | 12 | | (23) a description of the possible means of | 13 | | transportation of the missing person, including make, | 14 | | model, color, license number, and Vehicle Identification | 15 | | Number of a vehicle; | 16 | | (24) any identifying information about a known or | 17 | | possible abductor or person last seen with the missing | 18 | | person, or both, including: | 19 | | (A) name; | 20 | | (B) a physical description; | 21 | | (C) date of birth; | 22 | | (D) identifying marks; | 23 | | (E) the description of possible means of | 24 | | transportation, including make, model, color, license | 25 | | number, and Vehicle Identification Number of a | 26 | | vehicle; |
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| 1 | | (F) known associates; | 2 | | (25) any other information that may aid in locating the | 3 | | missing person; and | 4 | | (26) the date of last contact. | 5 | | (d) Notification and follow up action. | 6 | | (1) Notification. The law enforcement agency shall | 7 | | notify the person making the report, a family member, or | 8 | | other person in a position to assist the law enforcement | 9 | | agency in its efforts to locate the missing person of the | 10 | | following: | 11 | | (A) general information about the handling of the | 12 | | missing person case or about intended efforts in the | 13 | | case to the extent that the law enforcement agency | 14 | | determines that disclosure would not adversely affect | 15 | | its ability to locate or protect the missing person or | 16 | | to apprehend or prosecute any person criminally | 17 | | involved in the disappearance; | 18 | | (B) that the person should promptly contact the law | 19 | | enforcement agency if the missing person remains | 20 | | missing in order to provide additional information and | 21 | | materials that will aid in locating the missing person | 22 | | such as the missing person's credit cards, debit cards, | 23 | | banking information, and cellular telephone records; | 24 | | and | 25 | | (C) that any DNA samples provided for the missing | 26 | | person case are provided on a voluntary basis and will |
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| 1 | | be used solely to help locate or identify the missing | 2 | | person and will not be used for any other purpose. | 3 | | The law enforcement agency, upon acceptance of a | 4 | | missing person report, shall inform the reporting citizen | 5 | | of one of 2 resources, based upon the age of the missing | 6 | | person. If the missing person is under 18 years of age, | 7 | | contact information for the National Center for Missing and | 8 | | Exploited Children shall be given. If the missing person is | 9 | | age 18 or older, contact information for the National | 10 | | Center for Missing Adults shall be given. | 11 | | Agencies handling the remains of a missing person who | 12 | | is deceased must notify the agency handling the missing | 13 | | person's case. Documented efforts must be made to locate | 14 | | family members of the deceased person to inform them of the | 15 | | death and location of the remains of their family member. | 16 | | The law enforcement agency is encouraged to make | 17 | | available informational materials, through publications or | 18 | | electronic or other media, that advise the public about how | 19 | | the information or materials identified in this subsection | 20 | | are used to help locate or identify missing persons. | 21 | | (2) Follow up action. If the person identified in the | 22 | | missing person report remains missing after 30 days, and | 23 | | the additional information and materials specified below | 24 | | have not been received, the law enforcement agency shall | 25 | | attempt to obtain: | 26 | | (A) DNA samples from family members or from the |
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| 1 | | missing person along with any needed documentation, or | 2 | | both, including any consent forms, required for the use | 3 | | of State or federal DNA databases, including, but not | 4 | | limited to, the Local DNA Index System (LDIS), State | 5 | | DNA Index System (SDIS), and National DNA Index System | 6 | | (NDIS); | 7 | | (B) an authorization to release dental or skeletal | 8 | | x-rays of the missing person; | 9 | | (C) any additional photographs of the missing | 10 | | person that may aid the investigation or an | 11 | | identification; the law enforcement agency is not | 12 | | required to obtain written authorization before it | 13 | | releases publicly any photograph that would aid in the | 14 | | investigation or identification of the missing person; | 15 | | (D) dental information and x-rays; and | 16 | | (E) fingerprints. | 17 | | (3) All DNA samples obtained in missing person cases | 18 | | shall be immediately forwarded to the Department of State | 19 | | Police for analysis. The Department of State Police shall | 20 | | establish procedures for determining how to prioritize | 21 | | analysis of the samples relating to missing person cases. | 22 | | (4) This subsection shall not be interpreted to | 23 | | preclude a law enforcement agency from attempting to obtain | 24 | | the materials identified in this subsection before the | 25 | | expiration of the 30-day period.
| 26 | | (Source: P.A. 95-192, eff. 8-16-07.)
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