Illinois General Assembly - Full Text of HB2708
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Full Text of HB2708  101st General Assembly




HB2708 EnrolledLRB101 10075 SLF 55178 b

1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Missing Persons Identification Act is
5amended by changing Sections 5 and 10 as follows:
6    (50 ILCS 722/5)
7    Sec. 5. Missing person reports.
8    (a) Report acceptance. All law enforcement agencies shall
9accept without delay any report of a missing person and may
10attempt to obtain a DNA sample from the missing person or a DNA
11reference sample created from family members' DNA samples for
12submission under paragraph (1) of subsection (c) of Section 10.
13Acceptance of a missing person report filed in person may not
14be refused on any ground. No law enforcement agency may refuse
15to accept a missing person report:
16        (1) on the basis that the missing person is an adult;
17        (2) on the basis that the circumstances do not indicate
18    foul play;
19        (3) on the basis that the person has been missing for a
20    short period of time;
21        (4) on the basis that the person has been missing a
22    long period of time;
23        (5) on the basis that there is no indication that the



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1    missing person was in the jurisdiction served by the law
2    enforcement agency at the time of the disappearance;
3        (6) on the basis that the circumstances suggest that
4    the disappearance may be voluntary;
5        (7) on the basis that the reporting individual does not
6    have personal knowledge of the facts;
7        (8) on the basis that the reporting individual cannot
8    provide all of the information requested by the law
9    enforcement agency;
10        (9) on the basis that the reporting individual lacks a
11    familial or other relationship with the missing person;
12        (9-5) on the basis of the missing person's mental state
13    or medical condition; or
14        (10) for any other reason.
15    (b) Manner of reporting. All law enforcement agencies shall
16accept missing person reports in person. Law enforcement
17agencies are encouraged to accept reports by phone or by
18electronic or other media to the extent that such reporting is
19consistent with law enforcement policies or practices.
20    (c) Contents of report. In accepting a report of a missing
21person, the law enforcement agency shall attempt to gather
22relevant information relating to the disappearance. The law
23enforcement agency shall attempt to gather at the time of the
24report information that shall include, but shall not be limited
25to, the following:
26        (1) the name of the missing person, including



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1    alternative names used;
2        (2) the missing person's date of birth;
3        (3) the missing person's identifying marks, such as
4    birthmarks, moles, tattoos, and scars;
5        (4) the missing person's height and weight;
6        (5) the missing person's gender;
7        (6) the missing person's race;
8        (7) the missing person's current hair color and true or
9    natural hair color;
10        (8) the missing person's eye color;
11        (9) the missing person's prosthetics, surgical
12    implants, or cosmetic implants;
13        (10) the missing person's physical anomalies;
14        (11) the missing person's blood type, if known;
15        (12) the missing person's driver's license number, if
16    known;
17        (13) the missing person's social security number, if
18    known;
19        (14) a photograph of the missing person; recent
20    photographs are preferable and the agency is encouraged to
21    attempt to ascertain the approximate date the photograph
22    was taken;
23        (15) a description of the clothing the missing person
24    was believed to be wearing;
25        (16) a description of items that might be with the
26    missing person, such as jewelry, accessories, and shoes or



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1    boots;
2        (17) information on the missing person's electronic
3    communications devices, such as cellular telephone numbers
4    and e-mail addresses;
5        (18) the reasons why the reporting individual believes
6    that the person is missing;
7        (19) the name and location of the missing person's
8    school or employer, if known;
9        (20) the name and location of the missing person's
10    dentist or primary care physician or provider, or both, if
11    known;
12        (21) any circumstances that may indicate that the
13    disappearance was not voluntary;
14        (22) any circumstances that may indicate that the
15    missing person may be at risk of injury or death;
16        (23) a description of the possible means of
17    transportation of the missing person, including make,
18    model, color, license number, and Vehicle Identification
19    Number of a vehicle;
20        (24) any identifying information about a known or
21    possible abductor or person last seen with the missing
22    person, or both, including:
23            (A) name;
24            (B) a physical description;
25            (C) date of birth;
26            (D) identifying marks;



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1            (E) the description of possible means of
2        transportation, including make, model, color, license
3        number, and Vehicle Identification Number of a
4        vehicle;
5            (F) known associates;
6        (25) any other information that may aid in locating the
7    missing person; and
8        (26) the date of last contact.
9    (d) Notification and follow up action.
10        (1) Notification. The law enforcement agency shall
11    notify the person making the report, a family member, or
12    other person in a position to assist the law enforcement
13    agency in its efforts to locate the missing person of the
14    following:
15            (A) general information about the handling of the
16        missing person case or about intended efforts in the
17        case to the extent that the law enforcement agency
18        determines that disclosure would not adversely affect
19        its ability to locate or protect the missing person or
20        to apprehend or prosecute any person criminally
21        involved in the disappearance;
22            (B) that the person should promptly contact the law
23        enforcement agency if the missing person remains
24        missing in order to provide additional information and
25        materials that will aid in locating the missing person
26        such as the missing person's credit cards, debit cards,



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1        banking information, and cellular telephone records;
2        and
3            (C) that any DNA samples provided for the missing
4        person case are provided on a voluntary basis and will
5        be used solely to help locate or identify the missing
6        person and will not be used for any other purpose.
7        The law enforcement agency, upon acceptance of a
8    missing person report, shall inform the reporting citizen
9    of one of 2 resources, based upon the age of the missing
10    person. If the missing person is under 18 years of age,
11    contact information for the National Center for Missing and
12    Exploited Children shall be given. If the missing person is
13    age 18 or older, contact information for the National
14    Missing and Unidentified Persons System (NamUs)
15    organization Center for Missing Adults shall be given.
16        Agencies handling the remains of a missing person who
17    is deceased must notify the agency handling the missing
18    person's case. Documented efforts must be made to locate
19    family members of the deceased person to inform them of the
20    death and location of the remains of their family member.
21        The law enforcement agency is encouraged to make
22    available informational materials, through publications or
23    electronic or other media, that advise the public about how
24    the information or materials identified in this subsection
25    are used to help locate or identify missing persons.
26        (2) Follow up action. If the person identified in the



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1    missing person report remains missing after 30 days, but
2    not more than 60 days, the law enforcement agency may
3    generate a report of the missing person within the National
4    Missing and Unidentified Persons System (NamUs), and the
5    law enforcement agency may attempt to obtain the additional
6    information and materials that have not been received,
7    specified below and the additional information and
8    materials specified below have not been received, the law
9    enforcement agency shall attempt to obtain:
10            (A) DNA samples from family members or from the
11        missing person along with any needed documentation, or
12        both, including any consent forms, required for the use
13        of State or federal DNA databases, including, but not
14        limited to, the Local DNA Index System (LDIS), State
15        DNA Index System (SDIS), and National DNA Index System
16        (NDIS), and National Missing and Unidentified Persons
17        System (NamUs) partner laboratories;
18            (B) an authorization to release dental or skeletal
19        x-rays of the missing person;
20            (C) any additional photographs of the missing
21        person that may aid the investigation or an
22        identification; the law enforcement agency is not
23        required to obtain written authorization before it
24        releases publicly any photograph that would aid in the
25        investigation or identification of the missing person;
26            (D) dental information and x-rays; and



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1            (E) fingerprints.
2        (3) Samples collected for DNA analysis may be submitted
3    to a National Missing and Unidentified Persons System
4    (NamUs) partner laboratory or other resource where DNA
5    profiles are entered into local, State, and national DNA
6    Index Systems within 60 days All DNA samples obtained in
7    missing person cases shall be immediately forwarded to the
8    Department of State Police for analysis. The Department of
9    State Police shall establish procedures for determining
10    how to prioritize analysis of the samples relating to
11    missing person cases. All DNA samples obtained in missing
12    person cases from family members of the missing person may
13    not be retained after the location or identification of the
14    remains of the missing person unless there is a search
15    warrant signed by a court of competent jurisdiction.
16        (4) This subsection shall not be interpreted to
17    preclude a law enforcement agency from attempting to obtain
18    the materials identified in this subsection before the
19    expiration of the 30-day period. The responsible law
20    enforcement agency may make a National Missing and
21    Unidentified Persons System (NamUs) report on the missing
22    person within 60 days after the report of the disappearance
23    of the missing person.
24        (5) Law enforcement agencies are encouraged to
25    establish written protocols for the handling of missing
26    person cases to accomplish the purposes of this Act.



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1(Source: P.A. 99-244, eff. 1-1-16; 99-581, eff. 1-1-17.)
2    (50 ILCS 722/10)
3    Sec. 10. Law enforcement analysis and reporting of missing
4person information.
5    (a) Prompt determination and definition of a high-risk
6missing person.
7        (1) Definition. "High-risk missing person" means a
8    person whose whereabouts are not currently known and whose
9    circumstances indicate that the person may be at risk of
10    injury or death. The circumstances that indicate that a
11    person is a high-risk missing person include, but are not
12    limited to, any of the following:
13            (A) the person is missing as a result of a stranger
14        abduction;
15            (B) the person is missing under suspicious
16        circumstances;
17            (C) the person is missing under unknown
18        circumstances;
19            (D) the person is missing under known dangerous
20        circumstances;
21            (E) the person is missing more than 30 days;
22            (F) the person has already been designated as a
23        high-risk missing person by another law enforcement
24        agency;
25            (G) there is evidence that the person is at risk



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1        because:
2                (i) the person is in need of medical attention,
3            including but not limited to persons with
4            dementia-like symptoms, or prescription
5            medication;
6                (ii) the person does not have a pattern of
7            running away or disappearing;
8                (iii) the person may have been abducted by a
9            non-custodial parent;
10                (iv) the person is mentally impaired,
11            including, but not limited to, a person having a
12            developmental disability, as defined in Section
13            1-106 of the Mental Health and Developmental
14            Disabilities Code, or a person having an
15            intellectual disability, as defined in Section
16            1-116 of the Mental Health and Developmental
17            Disabilities Code;
18                (v) the person is under the age of 21;
19                (vi) the person has been the subject of past
20            threats or acts of violence;
21                (vii) the person has eloped from a nursing
22            home;
23            (G-5) the person is a veteran or active duty member
24        of the United States Armed Forces, the National Guard,
25        or any reserve component of the United States Armed
26        Forces who is believed to have a physical or mental



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1        health condition that is related to his or her service;
2        or
3            (H) any other factor that may, in the judgment of
4        the law enforcement official, indicate that the
5        missing person may be at risk.
6    (b) (2) Law enforcement risk assessment.
7        (1) (A) Upon initial receipt of a missing person
8    report, the law enforcement agency shall immediately
9    determine whether there is a basis to determine that the
10    missing person is a high-risk missing person.
11        (2) (B) If a law enforcement agency has previously
12    determined that a missing person is not a high-risk missing
13    person, but obtains new information, it shall immediately
14    determine whether the information indicates that the
15    missing person is a high-risk missing person.
16        (3) (C) Law enforcement agencies are encouraged to
17    establish written protocols for the handling of missing
18    person cases to accomplish the purposes of this Act.
19    (c) Law enforcement reporting (3) Law enforcement agency
21        (1) (A) The responding local law enforcement agency
22    shall immediately enter all collected information relating
23    to the missing person case in the Law Enforcement Agencies
24    Data System (LEADS) and the National Crime Information
25    Center (NCIC) databases and the National Missing and
26    Unidentified Persons System (NamUs) within 45 days after



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1    the receipt of the report, or in the case of a high risk
2    missing person, within 30 days after the receipt of the
3    report. If the DNA sample submission is to a National
4    Missing and Unidentified Persons System (NamUs) partner
5    laboratory, the DNA profile may be uploaded by the partner
6    laboratory to the National DNA Index System (NDIS). A
7    packet submission of all relevant reports and DNA samples
8    may be sent to the National Missing and Unidentified
9    Persons System (NamUs) within 30 days for any high-risk
10    missing person cases. The information shall be provided in
11    accordance with applicable guidelines relating to the
12    databases. The information shall be entered as follows:
13            (A) If Department of State Police laboratories are
14        utilized in lieu of National Missing and Unidentified
15        Persons System (NamUs) partner laboratories, all (i)
16        All appropriate DNA profiles, as determined by the
17        Department of State Police, shall be uploaded into the
18        missing person databases of the State DNA Index System
19        (SDIS) and National DNA Index System (NDIS) after
20        completion of the DNA analysis and other procedures
21        required for database entry. The responding local law
22        enforcement agency may submit any DNA samples
23        voluntarily obtained from family members to a National
24        Missing and Unidentified Persons System (NamUs)
25        partner laboratory for DNA analysis within 30 days. A
26        notation of DNA submission may be made within the



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1        National Missing and Unidentified Persons System
2        (NamUs) record.
3            (B) (ii) Information relevant to the Federal
4        Bureau of Investigation's Violent Criminal
5        Apprehension Program shall be entered as soon as
6        possible.
7            (C) (iii) The Department of State Police shall
8        ensure that persons entering data relating to medical
9        or dental records in State or federal databases are
10        specifically trained to understand and correctly enter
11        the information sought by these databases. The
12        Department of State Police shall either use a person
13        with specific expertise in medical or dental records
14        for this purpose or consult with a chief medical
15        examiner, forensic anthropologist, or odontologist to
16        ensure the accuracy and completeness of information
17        entered into the State and federal databases.
18        (2) (B) The Department of State Police shall
19    immediately notify all law enforcement agencies within
20    this State and the surrounding region of the information
21    that will aid in the prompt location and safe return of the
22    high-risk missing person.
23        (3) (C) The local law enforcement agencies that receive
24    the notification from the Department of State Police shall
25    notify officers to be on the lookout for the missing person
26    or a suspected abductor.



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1        (4) (D) Pursuant to any applicable State criteria,
2    local law enforcement agencies shall also provide for the
3    prompt use of an Amber Alert in cases involving abducted
4    children; or use of the Endangered Missing Person Advisory
5    in appropriate high risk cases.
6(Source: P.A. 100-631, eff. 1-1-19; 100-662, eff. 1-1-19;
7100-835, eff. 1-1-19; revised 9-28-18.)
8    Section 99. Effective date. This Act takes effect January
91, 2021.