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90_SB0024
20 ILCS 2605/55a from Ch. 127, par. 55a
Amends the Civil Administrative Code of Illinois.
Requires the Department of State Police to operate a Decoy
Law Enforcement Vehicle program. Requires the Department,
upon request of local law enforcement agencies, to place old
or unused police vehicles in drug-trafficking areas to deter
crime.
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1 AN ACT to amend the Civil Administrative Code of Illinois
2 by changing Section 55a.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Civil Administrative Code of Illinois is
6 amended by changing Section 55a as follows:
7 (20 ILCS 2605/55a) (from Ch. 127, par. 55a)
8 Sec. 55a. (A) The Department of State Police shall have
9 the following powers and duties, and those set forth in
10 Sections 55a-1 through 55c:
11 1. To exercise the rights, powers and duties which have
12 been vested in the Department of Public Safety by the State
13 Police Act.
14 2. To exercise the rights, powers and duties which have
15 been vested in the Department of Public Safety by the State
16 Police Radio Act.
17 3. To exercise the rights, powers and duties which have
18 been vested in the Department of Public Safety by the
19 Criminal Identification Act.
20 4. To (a) investigate the origins, activities, personnel
21 and incidents of crime and the ways and means to redress the
22 victims of crimes, and study the impact, if any, of
23 legislation relative to the effusion of crime and growing
24 crime rates, and enforce the criminal laws of this State
25 related thereto, (b) enforce all laws regulating the
26 production, sale, prescribing, manufacturing, administering,
27 transporting, having in possession, dispensing, delivering,
28 distributing, or use of controlled substances and cannabis,
29 (c) employ skilled experts, scientists, technicians,
30 investigators or otherwise specially qualified persons to aid
31 in preventing or detecting crime, apprehending criminals, or
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1 preparing and presenting evidence of violations of the
2 criminal laws of the State, (d) cooperate with the police of
3 cities, villages and incorporated towns, and with the police
4 officers of any county, in enforcing the laws of the State
5 and in making arrests and recovering property, (e) apprehend
6 and deliver up any person charged in this State or any other
7 State of the United States with treason, felony, or other
8 crime, who has fled from justice and is found in this State,
9 and (f) conduct such other investigations as may be provided
10 by law. Persons exercising these powers within the Department
11 are conservators of the peace and as such have all the powers
12 possessed by policemen in cities and sheriffs, except that
13 they may exercise such powers anywhere in the State in
14 cooperation with and after contact with the local law
15 enforcement officials. Such persons may use false or
16 fictitious names in the performance of their duties under
17 this paragraph, upon approval of the Director, and shall not
18 be subject to prosecution under the criminal laws for such
19 use.
20 5. To: (a) be a central repository and custodian of
21 criminal statistics for the State, (b) be a central
22 repository for criminal history record information, (c)
23 procure and file for record such information as is necessary
24 and helpful to plan programs of crime prevention, law
25 enforcement and criminal justice, (d) procure and file for
26 record such copies of fingerprints, as may be required by
27 law, (e) establish general and field crime laboratories, (f)
28 register and file for record such information as may be
29 required by law for the issuance of firearm owner's
30 identification cards, (g) employ polygraph operators,
31 laboratory technicians and other specially qualified persons
32 to aid in the identification of criminal activity, and (h)
33 undertake such other identification, information, laboratory,
34 statistical or registration activities as may be required by
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1 law.
2 6. To (a) acquire and operate one or more radio
3 broadcasting stations in the State to be used for police
4 purposes, (b) operate a statewide communications network to
5 gather and disseminate information for law enforcement
6 agencies, (c) operate an electronic data processing and
7 computer center for the storage and retrieval of data
8 pertaining to criminal activity, and (d) undertake such other
9 communication activities as may be required by law.
10 7. To provide, as may be required by law, assistance to
11 local law enforcement agencies through (a) training,
12 management and consultant services for local law enforcement
13 agencies, and (b) the pursuit of research and the publication
14 of studies pertaining to local law enforcement activities.
15 8. To exercise the rights, powers and duties which have
16 been vested in the Department of State Police and the
17 Director of the Department of State Police by the Narcotic
18 Control Division Abolition Act.
19 9. To exercise the rights, powers and duties which have
20 been vested in the Department of Public Safety by the
21 Illinois Vehicle Code.
22 10. To exercise the rights, powers and duties which have
23 been vested in the Department of Public Safety by the Firearm
24 Owners Identification Card Act.
25 11. To enforce and administer such other laws in
26 relation to law enforcement as may be vested in the
27 Department.
28 12. To transfer jurisdiction of any realty title to
29 which is held by the State of Illinois under the control of
30 the Department to any other department of the State
31 government or to the State Employees Housing Commission, or
32 to acquire or accept Federal land, when such transfer,
33 acquisition or acceptance is advantageous to the State and is
34 approved in writing by the Governor.
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1 13. With the written approval of the Governor, to enter
2 into agreements with other departments created by this Act,
3 for the furlough of inmates of the penitentiary to such other
4 departments for their use in research programs being
5 conducted by them.
6 For the purpose of participating in such research
7 projects, the Department may extend the limits of any
8 inmate's place of confinement, when there is reasonable cause
9 to believe that the inmate will honor his or her trust by
10 authorizing the inmate, under prescribed conditions, to leave
11 the confines of the place unaccompanied by a custodial agent
12 of the Department. The Department shall make rules governing
13 the transfer of the inmate to the requesting other department
14 having the approved research project, and the return of such
15 inmate to the unextended confines of the penitentiary. Such
16 transfer shall be made only with the consent of the inmate.
17 The willful failure of a prisoner to remain within the
18 extended limits of his or her confinement or to return within
19 the time or manner prescribed to the place of confinement
20 designated by the Department in granting such extension shall
21 be deemed an escape from custody of the Department and
22 punishable as provided in Section 3-6-4 of the Unified Code
23 of Corrections.
24 14. To provide investigative services, with all of the
25 powers possessed by policemen in cities and sheriffs, in and
26 around all race tracks subject to the Horse Racing Act of
27 1975.
28 15. To expend such sums as the Director deems necessary
29 from Contractual Services appropriations for the Division of
30 Criminal Investigation for the purchase of evidence and for
31 the employment of persons to obtain evidence. Such sums shall
32 be advanced to agents authorized by the Director to expend
33 funds, on vouchers signed by the Director.
34 16. To assist victims and witnesses in gang crime
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1 prosecutions through the administration of funds appropriated
2 from the Gang Violence Victims and Witnesses Fund to the
3 Department. Such funds shall be appropriated to the
4 Department and shall only be used to assist victims and
5 witnesses in gang crime prosecutions and such assistance may
6 include any of the following:
7 (a) temporary living costs;
8 (b) moving expenses;
9 (c) closing costs on the sale of private residence;
10 (d) first month's rent;
11 (e) security deposits;
12 (f) apartment location assistance;
13 (g) other expenses which the Department considers
14 appropriate; and
15 (h) compensation for any loss of or injury to real
16 or personal property resulting from a gang crime to a
17 maximum of $5,000, subject to the following provisions:
18 (1) in the case of loss of property, the
19 amount of compensation shall be measured by the
20 replacement cost of similar or like property which
21 has been incurred by and which is substantiated by
22 the property owner,
23 (2) in the case of injury to property, the
24 amount of compensation shall be measured by the cost
25 of repair incurred and which can be substantiated by
26 the property owner,
27 (3) compensation under this provision is a
28 secondary source of compensation and shall be
29 reduced by any amount the property owner receives
30 from any other source as compensation for the loss
31 or injury, including, but not limited to, personal
32 insurance coverage,
33 (4) no compensation may be awarded if the
34 property owner was an offender or an accomplice of
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1 the offender, or if the award would unjustly benefit
2 the offender or offenders, or an accomplice of the
3 offender or offenders.
4 No victim or witness may receive such assistance if he or
5 she is not a part of or fails to fully cooperate in the
6 prosecution of gang crime members by law enforcement
7 authorities.
8 The Department shall promulgate any rules necessary for
9 the implementation of this amendatory Act of 1985.
10 17. To conduct arson investigations.
11 18. To develop a separate statewide statistical police
12 contact record keeping system for the study of juvenile
13 delinquency. The records of this police contact system shall
14 be limited to statistical information. No individually
15 identifiable information shall be maintained in the police
16 contact statistical record system.
17 19. To develop a separate statewide central adjudicatory
18 and dispositional records system for persons under 19 years
19 of age who have been adjudicated delinquent minors and to
20 make information available to local registered participating
21 police youth officers so that police youth officers will be
22 able to obtain rapid access to the juvenile's background from
23 other jurisdictions to the end that the police youth officers
24 can make appropriate dispositions which will best serve the
25 interest of the child and the community. Information
26 maintained in the adjudicatory and dispositional record
27 system shall be limited to the incidents or offenses for
28 which the minor was adjudicated delinquent by a court, and a
29 copy of the court's dispositional order. All individually
30 identifiable records in the adjudicatory and dispositional
31 records system shall be destroyed when the person reaches 19
32 years of age.
33 20. To develop rules which guarantee the confidentiality
34 of such individually identifiable adjudicatory and
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1 dispositional records except when used for the following:
2 (a) by authorized juvenile court personnel or the
3 State's Attorney in connection with proceedings under the
4 Juvenile Court Act of 1987; or
5 (b) inquiries from registered police youth
6 officers.
7 For the purposes of this Act "police youth officer" means
8 a member of a duly organized State, county or municipal
9 police force who is assigned by his or her Superintendent,
10 Sheriff or chief of police, as the case may be, to specialize
11 in youth problems.
12 21. To develop administrative rules and administrative
13 hearing procedures which allow a minor, his or her attorney,
14 and his or her parents or guardian access to individually
15 identifiable adjudicatory and dispositional records for the
16 purpose of determining or challenging the accuracy of the
17 records. Final administrative decisions shall be subject to
18 the provisions of the Administrative Review Law.
19 22. To charge, collect, and receive fees or moneys
20 equivalent to the cost of providing Department of State
21 Police personnel, equipment, and services to local
22 governmental agencies when explicitly requested by a local
23 governmental agency and pursuant to an intergovernmental
24 agreement as provided by this Section, other State agencies,
25 and federal agencies, including but not limited to fees or
26 moneys equivalent to the cost of providing dispatching
27 services, radio and radar repair, and training to local
28 governmental agencies on such terms and conditions as in the
29 judgment of the Director are in the best interest of the
30 State; and to establish, charge, collect and receive fees or
31 moneys based on the cost of providing responses to requests
32 for criminal history record information pursuant to positive
33 identification and any Illinois or federal law authorizing
34 access to some aspect of such information and to prescribe
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1 the form and manner for requesting and furnishing such
2 information to the requestor on such terms and conditions as
3 in the judgment of the Director are in the best interest of
4 the State, provided fees for requesting and furnishing
5 criminal history record information may be waived for
6 requests in the due administration of the criminal laws. The
7 Department may also charge, collect and receive fees or
8 moneys equivalent to the cost of providing electronic data
9 processing lines or related telecommunication services to
10 local governments, but only when such services can be
11 provided by the Department at a cost less than that
12 experienced by said local governments through other means.
13 All services provided by the Department shall be conducted
14 pursuant to contracts in accordance with the
15 Intergovernmental Cooperation Act, and all telecommunication
16 services shall be provided pursuant to the provisions of
17 Section 67.18 of this Code.
18 All fees received by the Department of State Police under
19 this Act or the Illinois Uniform Conviction Information Act
20 shall be deposited in a special fund in the State Treasury to
21 be known as the State Police Services Fund. The money
22 deposited in the State Police Services Fund shall be
23 appropriated to the Department of State Police for expenses
24 of the Department of State Police.
25 In addition to any other permitted use of moneys in the
26 Fund, and notwithstanding any restriction on the use of the
27 Fund, moneys in the State Police Services Fund may be
28 transferred to the General Revenue Fund as authorized by this
29 amendatory Act of 1992. The General Assembly finds that an
30 excess of moneys exists in the Fund. On February 1, 1992,
31 the Comptroller shall order transferred and the Treasurer
32 shall transfer $500,000 (or such lesser amount as may be on
33 deposit in the Fund and unexpended and unobligated on that
34 date) from the Fund to the General Revenue Fund.
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1 Upon the completion of any audit of the Department of
2 State Police as prescribed by the Illinois State Auditing
3 Act, which audit includes an audit of the State Police
4 Services Fund, the Department of State Police shall make the
5 audit open to inspection by any interested person.
6 23. To exercise the powers and perform the duties which
7 have been vested in the Department of State Police by the
8 Intergovernmental Missing Child Recovery Act of 1984, and to
9 establish reasonable rules and regulations necessitated
10 thereby.
11 24. (a) To establish and maintain a statewide Law
12 Enforcement Agencies Data System (LEADS) for the purpose of
13 effecting an immediate law enforcement response to reports of
14 missing persons, including lost, missing or runaway minors.
15 The Department shall implement an automatic data exchange
16 system to compile, to maintain and to make available to other
17 law enforcement agencies for immediate dissemination data
18 which can assist appropriate agencies in recovering missing
19 persons.
20 (b) In exercising its duties under this subsection, the
21 Department shall:
22 (1) provide a uniform reporting format for the
23 entry of pertinent information regarding the report of a
24 missing person into LEADS;
25 (2) develop and implement a policy whereby a
26 statewide or regional alert would be used in situations
27 relating to the disappearances of individuals, based on
28 criteria and in a format established by the Department.
29 Such a format shall include, but not be limited to, the
30 age of the missing person and the suspected circumstance
31 of the disappearance;
32 (3) notify all law enforcement agencies that
33 reports of missing persons shall be entered as soon as
34 the minimum level of data specified by the Department is
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1 available to the reporting agency, and that no waiting
2 period for the entry of such data exists;
3 (4) compile and retain information regarding lost,
4 abducted, missing or runaway minors in a separate data
5 file, in a manner that allows such information to be used
6 by law enforcement and other agencies deemed appropriate
7 by the Director, for investigative purposes. Such
8 information shall include the disposition of all reported
9 lost, abducted, missing or runaway minor cases;
10 (5) compile and maintain an historic data
11 repository relating to lost, abducted, missing or runaway
12 minors and other missing persons in order to develop and
13 improve techniques utilized by law enforcement agencies
14 when responding to reports of missing persons; and
15 (6) create a quality control program regarding
16 confirmation of missing person data, timeliness of
17 entries of missing person reports into LEADS and
18 performance audits of all entering agencies.
19 25. On request of a school board or regional
20 superintendent of schools, to conduct an inquiry pursuant to
21 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
22 an applicant for employment in a school district has been
23 convicted of any criminal or drug offenses enumerated in
24 Section 10-21.9 or 34-18.5 of the School Code. The
25 Department shall furnish such conviction information to the
26 President of the school board of the school district which
27 has requested the information, or if the information was
28 requested by the regional superintendent to that regional
29 superintendent.
30 26. To promulgate rules and regulations necessary for
31 the administration and enforcement of its powers and duties,
32 wherever granted and imposed, pursuant to the Illinois
33 Administrative Procedure Act.
34 27. To (a) promulgate rules pertaining to the
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1 certification, revocation of certification and training of
2 law enforcement officers as electronic criminal surveillance
3 officers, (b) provide training and technical assistance to
4 State's Attorneys and local law enforcement agencies
5 pertaining to the interception of private oral
6 communications, (c) promulgate rules necessary for the
7 administration of Article 108B of the Code of Criminal
8 Procedure of 1963, including but not limited to standards for
9 recording and minimization of electronic criminal
10 surveillance intercepts, documentation required to be
11 maintained during an intercept, procedures in relation to
12 evidence developed by an intercept, and (d) charge a
13 reasonable fee to each law enforcement agency that sends
14 officers to receive training as electronic criminal
15 surveillance officers.
16 28. Upon the request of any private organization which
17 devotes a major portion of its time to the provision of
18 recreational, social, educational or child safety services to
19 children, to conduct, pursuant to positive identification,
20 criminal background investigations of all of that
21 organization's current employees, current volunteers,
22 prospective employees or prospective volunteers charged with
23 the care and custody of children during the provision of the
24 organization's services, and to report to the requesting
25 organization any record of convictions maintained in the
26 Department's files about such persons. The Department shall
27 charge an application fee, based on actual costs, for the
28 dissemination of conviction information pursuant to this
29 subsection. The Department is empowered to establish this
30 fee and shall prescribe the form and manner for requesting
31 and furnishing conviction information pursuant to this
32 subsection. Information received by the organization from the
33 Department concerning an individual shall be provided to such
34 individual. Any such information obtained by the
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1 organization shall be confidential and may not be transmitted
2 outside the organization and may not be transmitted to anyone
3 within the organization except as needed for the purpose of
4 evaluating the individual. Only information and standards
5 which bear a reasonable and rational relation to the
6 performance of child care shall be used by the organization.
7 Any employee of the Department or any member, employee or
8 volunteer of the organization receiving confidential
9 information under this subsection who gives or causes to be
10 given any confidential information concerning any criminal
11 convictions of an individual shall be guilty of a Class A
12 misdemeanor unless release of such information is authorized
13 by this subsection.
14 29. Upon the request of the Department of Children and
15 Family Services, to investigate reports of child abuse or
16 neglect.
17 30. To obtain registration of a fictitious vital record
18 pursuant to Section 15.1 of the Vital Records Act.
19 31. To collect and disseminate information relating to
20 "hate crimes" as defined under Section 12-7.1 of the Criminal
21 Code of 1961 contingent upon the availability of State or
22 Federal funds to revise and upgrade the Illinois Uniform
23 Crime Reporting System. All law enforcement agencies shall
24 report monthly to the Department of State Police concerning
25 such offenses in such form and in such manner as may be
26 prescribed by rules and regulations adopted by the Department
27 of State Police. Such information shall be compiled by the
28 Department and be disseminated upon request to any local law
29 enforcement agency, unit of local government, or state
30 agency. Dissemination of such information shall be subject
31 to all confidentiality requirements otherwise imposed by law.
32 The Department of State Police shall provide training for
33 State Police officers in identifying, responding to, and
34 reporting all hate crimes. The Illinois Local Governmental
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1 Law Enforcement Officer's Training Board shall develop and
2 certify a course of such training to be made available to
3 local law enforcement officers.
4 32. Upon the request of a private carrier company that
5 provides transportation under Section 28b of the Metropolitan
6 Transit Authority Act, to ascertain if an applicant for a
7 driver position has been convicted of any criminal or drug
8 offense enumerated in Section 28b of the Metropolitan Transit
9 Authority Act. The Department shall furnish the conviction
10 information to the private carrier company that requested the
11 information.
12 33. To apply for grants or contracts, receive, expend,
13 allocate, or disburse funds and moneys made available by
14 public or private entities, including, but not limited to,
15 contracts, bequests, grants, or receiving equipment from
16 corporations, foundations, or public or private institutions
17 of higher learning. All funds received by the Department
18 from these sources shall be deposited into the appropriate
19 fund in the State Treasury to be appropriated to the
20 Department for purposes as indicated by the grantor or
21 contractor or, in the case of funds or moneys bequeathed or
22 granted for no specific purpose, for any purpose as deemed
23 appropriate by the Director in administering the
24 responsibilities of the Department.
25 34. Upon the request of the Department of Children and
26 Family Services, the Department of State Police shall provide
27 properly designated employees of the Department of Children
28 and Family Services with criminal history record information
29 as defined in the Illinois Uniform Conviction Information Act
30 and information maintained in the adjudicatory and
31 dispositional record system as defined in subdivision (A)19
32 of this Section if the Department of Children and Family
33 Services determines the information is necessary to perform
34 its duties under the Abused and Neglected Child Reporting
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1 Act, the Child Care Act of 1969, and the Children and Family
2 Services Act. The request shall be in the form and manner
3 specified by the Department of State Police.
4 35. To establish and operate a Decoy Law Enforcement
5 Vehicle program in coordination with local law enforcement
6 agencies to deter crime in areas of the State plagued by high
7 rates of drug trafficking. Upon request of a local law
8 enforcement agency, the Department shall locate old or unused
9 Department law enforcement vehicles in a drug-infested area,
10 periodically relocating each vehicle within the area and
11 periodically assigning State troopers to law enforcement
12 activities within the area.
13 (B) The Department of State Police may establish and
14 maintain, within the Department of State Police, a Statewide
15 Organized Criminal Gang Database (SWORD) for the purpose of
16 tracking organized criminal gangs and their memberships.
17 Information in the database may include, but not be limited
18 to, the name, last known address, birth date, physical
19 descriptions (such as scars, marks, or tattoos), officer
20 safety information, organized gang affiliation, and entering
21 agency identifier. The Department may develop, in
22 consultation with the Criminal Justice Information Authority,
23 and in a form and manner prescribed by the Department, an
24 automated data exchange system to compile, to maintain, and
25 to make this information electronically available to
26 prosecutors and to other law enforcement agencies. The
27 information may be used by authorized agencies to combat the
28 operations of organized criminal gangs statewide.
29 (C) The Department of State Police may ascertain the
30 number of bilingual police officers and other personnel
31 needed to provide services in a language other than English
32 and may establish, under applicable personnel rules and
33 Department guidelines or through a collective bargaining
34 agreement, a bilingual pay supplement program.
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1 (Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)