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91_HB1224
LRB9101685MWgc
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 (Text of Section before amendment by P.A. 90-590)
9 Sec. 55a. Powers and duties.
10 (A) The Department of State Police shall have the
11 following powers and duties, and those set forth in Sections
12 55a-1 through 55c:
13 1. To exercise the rights, powers and duties which have
14 been vested in the Department of Public Safety by the State
15 Police Act.
16 2. To exercise the rights, powers and duties which have
17 been vested in the Department of Public Safety by the State
18 Police Radio Act.
19 3. To exercise the rights, powers and duties which have
20 been vested in the Department of Public Safety by the
21 Criminal Identification Act.
22 4. To (a) investigate the origins, activities, personnel
23 and incidents of crime and the ways and means to redress the
24 victims of crimes, and study the impact, if any, of
25 legislation relative to the effusion of crime and growing
26 crime rates, and enforce the criminal laws of this State
27 related thereto, (b) enforce all laws regulating the
28 production, sale, prescribing, manufacturing, administering,
29 transporting, having in possession, dispensing, delivering,
30 distributing, or use of controlled substances and cannabis,
31 (c) employ skilled experts, scientists, technicians,
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1 investigators or otherwise specially qualified persons to aid
2 in preventing or detecting crime, apprehending criminals, or
3 preparing and presenting evidence of violations of the
4 criminal laws of the State, (d) cooperate with the police of
5 cities, villages and incorporated towns, and with the police
6 officers of any county, in enforcing the laws of the State
7 and in making arrests and recovering property, (e) apprehend
8 and deliver up any person charged in this State or any other
9 State of the United States with treason, felony, or other
10 crime, who has fled from justice and is found in this State,
11 and (f) conduct such other investigations as may be provided
12 by law. Persons exercising these powers within the Department
13 are conservators of the peace and as such have all the powers
14 possessed by policemen in cities and sheriffs, except that
15 they may exercise such powers anywhere in the State in
16 cooperation with and after contact with the local law
17 enforcement officials. Such persons may use false or
18 fictitious names in the performance of their duties under
19 this paragraph, upon approval of the Director, and shall not
20 be subject to prosecution under the criminal laws for such
21 use.
22 5. To: (a) be a central repository and custodian of
23 criminal statistics for the State, (b) be a central
24 repository for criminal history record information, (c)
25 procure and file for record such information as is necessary
26 and helpful to plan programs of crime prevention, law
27 enforcement and criminal justice, (d) procure and file for
28 record such copies of fingerprints, as may be required by
29 law, (e) establish general and field crime laboratories, (f)
30 register and file for record such information as may be
31 required by law for the issuance of firearm owner's
32 identification cards, (g) employ polygraph operators,
33 laboratory technicians and other specially qualified persons
34 to aid in the identification of criminal activity, and (h)
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1 undertake such other identification, information, laboratory,
2 statistical or registration activities as may be required by
3 law.
4 6. To (a) acquire and operate one or more radio
5 broadcasting stations in the State to be used for police
6 purposes, (b) operate a statewide communications network to
7 gather and disseminate information for law enforcement
8 agencies, (c) operate an electronic data processing and
9 computer center for the storage and retrieval of data
10 pertaining to criminal activity, and (d) undertake such other
11 communication activities as may be required by law.
12 7. To provide, as may be required by law, assistance to
13 local law enforcement agencies through (a) training,
14 management and consultant services for local law enforcement
15 agencies, and (b) the pursuit of research and the publication
16 of studies pertaining to local law enforcement activities.
17 8. To exercise the rights, powers and duties which have
18 been vested in the Department of State Police and the
19 Director of the Department of State Police by the Narcotic
20 Control Division Abolition Act.
21 9. To exercise the rights, powers and duties which have
22 been vested in the Department of Public Safety by the
23 Illinois Vehicle Code.
24 10. To exercise the rights, powers and duties which have
25 been vested in the Department of Public Safety by the Firearm
26 Owners Identification Card Act.
27 11. To enforce and administer such other laws in
28 relation to law enforcement as may be vested in the
29 Department.
30 12. To transfer jurisdiction of any realty title to
31 which is held by the State of Illinois under the control of
32 the Department to any other department of the State
33 government or to the State Employees Housing Commission, or
34 to acquire or accept Federal land, when such transfer,
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1 acquisition or acceptance is advantageous to the State and is
2 approved in writing by the Governor.
3 13. With the written approval of the Governor, to enter
4 into agreements with other departments created by this Act,
5 for the furlough of inmates of the penitentiary to such other
6 departments for their use in research programs being
7 conducted by them.
8 For the purpose of participating in such research
9 projects, the Department may extend the limits of any
10 inmate's place of confinement, when there is reasonable cause
11 to believe that the inmate will honor his or her trust by
12 authorizing the inmate, under prescribed conditions, to leave
13 the confines of the place unaccompanied by a custodial agent
14 of the Department. The Department shall make rules governing
15 the transfer of the inmate to the requesting other department
16 having the approved research project, and the return of such
17 inmate to the unextended confines of the penitentiary. Such
18 transfer shall be made only with the consent of the inmate.
19 The willful failure of a prisoner to remain within the
20 extended limits of his or her confinement or to return within
21 the time or manner prescribed to the place of confinement
22 designated by the Department in granting such extension shall
23 be deemed an escape from custody of the Department and
24 punishable as provided in Section 3-6-4 of the Unified Code
25 of Corrections.
26 14. To provide investigative services, with all of the
27 powers possessed by policemen in cities and sheriffs, in and
28 around all race tracks subject to the Horse Racing Act of
29 1975.
30 15. To expend such sums as the Director deems necessary
31 from Contractual Services appropriations for the Division of
32 Criminal Investigation for the purchase of evidence and for
33 the employment of persons to obtain evidence. Such sums shall
34 be advanced to agents authorized by the Director to expend
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1 funds, on vouchers signed by the Director.
2 16. To assist victims and witnesses in gang crime
3 prosecutions through the administration of funds appropriated
4 from the Gang Violence Victims and Witnesses Fund to the
5 Department. Such funds shall be appropriated to the
6 Department and shall only be used to assist victims and
7 witnesses in gang crime prosecutions and such assistance may
8 include any of the following:
9 (a) temporary living costs;
10 (b) moving expenses;
11 (c) closing costs on the sale of private residence;
12 (d) first month's rent;
13 (e) security deposits;
14 (f) apartment location assistance;
15 (g) other expenses which the Department considers
16 appropriate; and
17 (h) compensation for any loss of or injury to real
18 or personal property resulting from a gang crime to a
19 maximum of $5,000, subject to the following provisions:
20 (1) in the case of loss of property, the
21 amount of compensation shall be measured by the
22 replacement cost of similar or like property which
23 has been incurred by and which is substantiated by
24 the property owner,
25 (2) in the case of injury to property, the
26 amount of compensation shall be measured by the cost
27 of repair incurred and which can be substantiated by
28 the property owner,
29 (3) compensation under this provision is a
30 secondary source of compensation and shall be
31 reduced by any amount the property owner receives
32 from any other source as compensation for the loss
33 or injury, including, but not limited to, personal
34 insurance coverage,
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1 (4) no compensation may be awarded if the
2 property owner was an offender or an accomplice of
3 the offender, or if the award would unjustly benefit
4 the offender or offenders, or an accomplice of the
5 offender or offenders.
6 No victim or witness may receive such assistance if he or
7 she is not a part of or fails to fully cooperate in the
8 prosecution of gang crime members by law enforcement
9 authorities.
10 The Department shall promulgate any rules necessary for
11 the implementation of this amendatory Act of 1985.
12 17. To conduct arson investigations.
13 18. To develop a separate statewide statistical police
14 contact record keeping system for the study of juvenile
15 delinquency. The records of this police contact system shall
16 be limited to statistical information. No individually
17 identifiable information shall be maintained in the police
18 contact statistical record system.
19 19. To develop a separate statewide central adjudicatory
20 and dispositional records system for persons under 19 years
21 of age who have been adjudicated delinquent minors and to
22 make information available to local registered participating
23 police youth officers so that police youth officers will be
24 able to obtain rapid access to the juvenile's background from
25 other jurisdictions to the end that the police youth officers
26 can make appropriate dispositions which will best serve the
27 interest of the child and the community. Information
28 maintained in the adjudicatory and dispositional record
29 system shall be limited to the incidents or offenses for
30 which the minor was adjudicated delinquent by a court, and a
31 copy of the court's dispositional order. All individually
32 identifiable records in the adjudicatory and dispositional
33 records system shall be destroyed when the person reaches 19
34 years of age.
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1 20. To develop rules which guarantee the confidentiality
2 of such individually identifiable adjudicatory and
3 dispositional records except when used for the following:
4 (a) by authorized juvenile court personnel or the
5 State's Attorney in connection with proceedings under the
6 Juvenile Court Act of 1987; or
7 (b) inquiries from registered police youth
8 officers.
9 For the purposes of this Act "police youth officer" means
10 a member of a duly organized State, county or municipal
11 police force who is assigned by his or her Superintendent,
12 Sheriff or chief of police, as the case may be, to specialize
13 in youth problems.
14 21. To develop administrative rules and administrative
15 hearing procedures which allow a minor, his or her attorney,
16 and his or her parents or guardian access to individually
17 identifiable adjudicatory and dispositional records for the
18 purpose of determining or challenging the accuracy of the
19 records. Final administrative decisions shall be subject to
20 the provisions of the Administrative Review Law.
21 22. To charge, collect, and receive fees or moneys
22 equivalent to the cost of providing Department of State
23 Police personnel, equipment, and services to local
24 governmental agencies when explicitly requested by a local
25 governmental agency and pursuant to an intergovernmental
26 agreement as provided by this Section, other State agencies,
27 and federal agencies, including but not limited to fees or
28 moneys equivalent to the cost of providing dispatching
29 services, radio and radar repair, and training to local
30 governmental agencies on such terms and conditions as in the
31 judgment of the Director are in the best interest of the
32 State; and to establish, charge, collect and receive fees or
33 moneys based on the cost of providing responses to requests
34 for criminal history record information pursuant to positive
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1 identification and any Illinois or federal law authorizing
2 access to some aspect of such information and to prescribe
3 the form and manner for requesting and furnishing such
4 information to the requestor on such terms and conditions as
5 in the judgment of the Director are in the best interest of
6 the State, provided fees for requesting and furnishing
7 criminal history record information may be waived for
8 requests in the due administration of the criminal laws. The
9 Department may also charge, collect and receive fees or
10 moneys equivalent to the cost of providing electronic data
11 processing lines or related telecommunication services to
12 local governments, but only when such services can be
13 provided by the Department at a cost less than that
14 experienced by said local governments through other means.
15 All services provided by the Department shall be conducted
16 pursuant to contracts in accordance with the
17 Intergovernmental Cooperation Act, and all telecommunication
18 services shall be provided pursuant to the provisions of
19 Section 67.18 of this Code.
20 All fees received by the Department of State Police under
21 this Act or the Illinois Uniform Conviction Information Act
22 shall be deposited in a special fund in the State Treasury to
23 be known as the State Police Services Fund. The money
24 deposited in the State Police Services Fund shall be
25 appropriated to the Department of State Police for expenses
26 of the Department of State Police.
27 Upon the completion of any audit of the Department of
28 State Police as prescribed by the Illinois State Auditing
29 Act, which audit includes an audit of the State Police
30 Services Fund, the Department of State Police shall make the
31 audit open to inspection by any interested person.
32 23. To exercise the powers and perform the duties which
33 have been vested in the Department of State Police by the
34 Intergovernmental Missing Child Recovery Act of 1984, and to
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1 establish reasonable rules and regulations necessitated
2 thereby.
3 24. (a) To establish and maintain a statewide Law
4 Enforcement Agencies Data System (LEADS) for the purpose of
5 providing electronic access by authorized entities to
6 criminal justice data repositories and effecting an immediate
7 law enforcement response to reports of missing persons,
8 including lost, missing or runaway minors. The Department
9 shall implement an automatic data exchange system to compile,
10 to maintain and to make available to other law enforcement
11 agencies for immediate dissemination data which can assist
12 appropriate agencies in recovering missing persons and
13 provide access by authorized entities to various data
14 repositories available through LEADS for criminal justice and
15 related purposes. To assist the Department in this effort,
16 funds may be appropriated from the LEADS Maintenance Fund.
17 (b) In exercising its duties under this subsection, the
18 Department shall:
19 (1) provide a uniform reporting format for the
20 entry of pertinent information regarding the report of a
21 missing person into LEADS;
22 (2) develop and implement a policy whereby a
23 statewide or regional alert would be used in situations
24 relating to the disappearances of individuals, based on
25 criteria and in a format established by the Department.
26 Such a format shall include, but not be limited to, the
27 age of the missing person and the suspected circumstance
28 of the disappearance;
29 (3) notify all law enforcement agencies that
30 reports of missing persons shall be entered as soon as
31 the minimum level of data specified by the Department is
32 available to the reporting agency, and that no waiting
33 period for the entry of such data exists;
34 (4) compile and retain information regarding lost,
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1 abducted, missing or runaway minors in a separate data
2 file, in a manner that allows such information to be used
3 by law enforcement and other agencies deemed appropriate
4 by the Director, for investigative purposes. Such
5 information shall include the disposition of all reported
6 lost, abducted, missing or runaway minor cases;
7 (5) compile and maintain an historic data
8 repository relating to lost, abducted, missing or runaway
9 minors and other missing persons in order to develop and
10 improve techniques utilized by law enforcement agencies
11 when responding to reports of missing persons; and
12 (6) create a quality control program regarding
13 confirmation of missing person data, timeliness of
14 entries of missing person reports into LEADS and
15 performance audits of all entering agencies.
16 25. On request of a school board or regional
17 superintendent of schools, to conduct an inquiry pursuant to
18 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
19 an applicant for employment in a school district has been
20 convicted of any criminal or drug offenses enumerated in
21 Section 10-21.9 or 34-18.5 of the School Code. The
22 Department shall furnish such conviction information to the
23 President of the school board of the school district which
24 has requested the information, or if the information was
25 requested by the regional superintendent to that regional
26 superintendent.
27 26. To promulgate rules and regulations necessary for
28 the administration and enforcement of its powers and duties,
29 wherever granted and imposed, pursuant to the Illinois
30 Administrative Procedure Act.
31 27. To (a) promulgate rules pertaining to the
32 certification, revocation of certification and training of
33 law enforcement officers as electronic criminal surveillance
34 officers, (b) provide training and technical assistance to
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1 State's Attorneys and local law enforcement agencies
2 pertaining to the interception of private oral
3 communications, (c) promulgate rules necessary for the
4 administration of Article 108B of the Code of Criminal
5 Procedure of 1963, including but not limited to standards for
6 recording and minimization of electronic criminal
7 surveillance intercepts, documentation required to be
8 maintained during an intercept, procedures in relation to
9 evidence developed by an intercept, and (d) charge a
10 reasonable fee to each law enforcement agency that sends
11 officers to receive training as electronic criminal
12 surveillance officers.
13 28. Upon the request of any private organization which
14 devotes a major portion of its time to the provision of
15 recreational, social, educational or child safety services to
16 children, to conduct, pursuant to positive identification,
17 criminal background investigations of all of that
18 organization's current employees, current volunteers,
19 prospective employees or prospective volunteers charged with
20 the care and custody of children during the provision of the
21 organization's services, and to report to the requesting
22 organization any record of convictions maintained in the
23 Department's files about such persons. The Department shall
24 charge an application fee, based on actual costs, for the
25 dissemination of conviction information pursuant to this
26 subsection. The Department is empowered to establish this
27 fee and shall prescribe the form and manner for requesting
28 and furnishing conviction information pursuant to this
29 subsection. Information received by the organization from the
30 Department concerning an individual shall be provided to such
31 individual. Any such information obtained by the
32 organization shall be confidential and may not be transmitted
33 outside the organization and may not be transmitted to anyone
34 within the organization except as needed for the purpose of
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1 evaluating the individual. Only information and standards
2 which bear a reasonable and rational relation to the
3 performance of child care shall be used by the organization.
4 Any employee of the Department or any member, employee or
5 volunteer of the organization receiving confidential
6 information under this subsection who gives or causes to be
7 given any confidential information concerning any criminal
8 convictions of an individual shall be guilty of a Class A
9 misdemeanor unless release of such information is authorized
10 by this subsection.
11 29. Upon the request of the Department of Children and
12 Family Services, to investigate reports of child abuse or
13 neglect.
14 30. To obtain registration of a fictitious vital record
15 pursuant to Section 15.1 of the Vital Records Act.
16 31. To collect and disseminate information relating to
17 "hate crimes" as defined under Section 12-7.1 of the Criminal
18 Code of 1961 contingent upon the availability of State or
19 Federal funds to revise and upgrade the Illinois Uniform
20 Crime Reporting System. All law enforcement agencies shall
21 report monthly to the Department of State Police concerning
22 such offenses in such form and in such manner as may be
23 prescribed by rules and regulations adopted by the Department
24 of State Police. Such information shall be compiled by the
25 Department and be disseminated upon request to any local law
26 enforcement agency, unit of local government, or state
27 agency. Dissemination of such information shall be subject
28 to all confidentiality requirements otherwise imposed by law.
29 The Department of State Police shall provide training for
30 State Police officers in identifying, responding to, and
31 reporting all hate crimes. The Illinois Local Governmental
32 Law Enforcement Officer's Training Standards Board shall
33 develop and certify a course of such training to be made
34 available to local law enforcement officers.
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1 32. Upon the request of a private carrier company that
2 provides transportation under Section 28b of the Metropolitan
3 Transit Authority Act, to ascertain if an applicant for a
4 driver position has been convicted of any criminal or drug
5 offense enumerated in Section 28b of the Metropolitan Transit
6 Authority Act. The Department shall furnish the conviction
7 information to the private carrier company that requested the
8 information.
9 33. To apply for grants or contracts, receive, expend,
10 allocate, or disburse funds and moneys made available by
11 public or private entities, including, but not limited to,
12 contracts, bequests, grants, or receiving equipment from
13 corporations, foundations, or public or private institutions
14 of higher learning. All funds received by the Department
15 from these sources shall be deposited into the appropriate
16 fund in the State Treasury to be appropriated to the
17 Department for purposes as indicated by the grantor or
18 contractor or, in the case of funds or moneys bequeathed or
19 granted for no specific purpose, for any purpose as deemed
20 appropriate by the Director in administering the
21 responsibilities of the Department.
22 34. Upon the request of the Department of Children and
23 Family Services, the Department of State Police shall provide
24 properly designated employees of the Department of Children
25 and Family Services with criminal history record information
26 as defined in the Illinois Uniform Conviction Information Act
27 and information maintained in the adjudicatory and
28 dispositional record system as defined in subdivision (A)19
29 of this Section if the Department of Children and Family
30 Services determines the information is necessary to perform
31 its duties under the Abused and Neglected Child Reporting
32 Act, the Child Care Act of 1969, and the Children and Family
33 Services Act. The request shall be in the form and manner
34 specified by the Department of State Police.
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1 35. The Illinois Department of Public Aid is an
2 authorized entity under this Section for the purpose of
3 obtaining access to various data repositories available
4 through LEADS, to facilitate the location of individuals for
5 establishing paternity, and establishing, modifying, and
6 enforcing child support obligations, pursuant to the Illinois
7 Public Aid Code and Title IV, Part D of the Social Security
8 Act. The Department shall enter into an agreement with the
9 Illinois Department of Public Aid consistent with these
10 purposes.
11 36. Upon request of the Department of Human Services, to
12 conduct an assessment and evaluation of sexually violent
13 persons as mandated by the Sexually Violent Persons
14 Commitment Act, the Department shall furnish criminal history
15 information maintained on the requested person. The request
16 shall be in the form and manner specified by the Department.
17 37. Upon the request of the chief of a fire department,
18 the Department shall conduct criminal background
19 investigations of prospective firefighters and report to the
20 requesting chief any record of convictions maintained in the
21 Department's files about those persons. The Department may
22 charge a fee, based on actual costs, for the dissemination of
23 conviction information under this paragraph. The Department
24 may prescribe the form and manner for requesting and
25 furnishing conviction information under this paragraph.
26 (B) The Department of State Police may establish and
27 maintain, within the Department of State Police, a Statewide
28 Organized Criminal Gang Database (SWORD) for the purpose of
29 tracking organized criminal gangs and their memberships.
30 Information in the database may include, but not be limited
31 to, the name, last known address, birth date, physical
32 descriptions (such as scars, marks, or tattoos), officer
33 safety information, organized gang affiliation, and entering
34 agency identifier. The Department may develop, in
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1 consultation with the Criminal Justice Information Authority,
2 and in a form and manner prescribed by the Department, an
3 automated data exchange system to compile, to maintain, and
4 to make this information electronically available to
5 prosecutors and to other law enforcement agencies. The
6 information may be used by authorized agencies to combat the
7 operations of organized criminal gangs statewide.
8 (C) The Department of State Police may ascertain the
9 number of bilingual police officers and other personnel
10 needed to provide services in a language other than English
11 and may establish, under applicable personnel rules and
12 Department guidelines or through a collective bargaining
13 agreement, a bilingual pay supplement program.
14 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
15 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-655, eff.
16 7-30-98; 90-793, eff. 8-14-98; revised 10-6-98.)
17 (Text of Section after amendment by P.A. 90-590)
18 Sec. 55a. Powers and duties.
19 (A) The Department of State Police shall have the
20 following powers and duties, and those set forth in Sections
21 55a-1 through 55c:
22 1. To exercise the rights, powers and duties which have
23 been vested in the Department of Public Safety by the State
24 Police Act.
25 2. To exercise the rights, powers and duties which have
26 been vested in the Department of Public Safety by the State
27 Police Radio Act.
28 3. To exercise the rights, powers and duties which have
29 been vested in the Department of Public Safety by the
30 Criminal Identification Act.
31 4. To (a) investigate the origins, activities, personnel
32 and incidents of crime and the ways and means to redress the
33 victims of crimes, and study the impact, if any, of
34 legislation relative to the effusion of crime and growing
-16- LRB9101685MWgc
1 crime rates, and enforce the criminal laws of this State
2 related thereto, (b) enforce all laws regulating the
3 production, sale, prescribing, manufacturing, administering,
4 transporting, having in possession, dispensing, delivering,
5 distributing, or use of controlled substances and cannabis,
6 (c) employ skilled experts, scientists, technicians,
7 investigators or otherwise specially qualified persons to aid
8 in preventing or detecting crime, apprehending criminals, or
9 preparing and presenting evidence of violations of the
10 criminal laws of the State, (d) cooperate with the police of
11 cities, villages and incorporated towns, and with the police
12 officers of any county, in enforcing the laws of the State
13 and in making arrests and recovering property, (e) apprehend
14 and deliver up any person charged in this State or any other
15 State of the United States with treason, felony, or other
16 crime, who has fled from justice and is found in this State,
17 and (f) conduct such other investigations as may be provided
18 by law. Persons exercising these powers within the Department
19 are conservators of the peace and as such have all the powers
20 possessed by policemen in cities and sheriffs, except that
21 they may exercise such powers anywhere in the State in
22 cooperation with and after contact with the local law
23 enforcement officials. Such persons may use false or
24 fictitious names in the performance of their duties under
25 this paragraph, upon approval of the Director, and shall not
26 be subject to prosecution under the criminal laws for such
27 use.
28 5. To: (a) be a central repository and custodian of
29 criminal statistics for the State, (b) be a central
30 repository for criminal history record information, (c)
31 procure and file for record such information as is necessary
32 and helpful to plan programs of crime prevention, law
33 enforcement and criminal justice, (d) procure and file for
34 record such copies of fingerprints, as may be required by
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1 law, (e) establish general and field crime laboratories, (f)
2 register and file for record such information as may be
3 required by law for the issuance of firearm owner's
4 identification cards, (g) employ polygraph operators,
5 laboratory technicians and other specially qualified persons
6 to aid in the identification of criminal activity, and (h)
7 undertake such other identification, information, laboratory,
8 statistical or registration activities as may be required by
9 law.
10 6. To (a) acquire and operate one or more radio
11 broadcasting stations in the State to be used for police
12 purposes, (b) operate a statewide communications network to
13 gather and disseminate information for law enforcement
14 agencies, (c) operate an electronic data processing and
15 computer center for the storage and retrieval of data
16 pertaining to criminal activity, and (d) undertake such other
17 communication activities as may be required by law.
18 7. To provide, as may be required by law, assistance to
19 local law enforcement agencies through (a) training,
20 management and consultant services for local law enforcement
21 agencies, and (b) the pursuit of research and the publication
22 of studies pertaining to local law enforcement activities.
23 8. To exercise the rights, powers and duties which have
24 been vested in the Department of State Police and the
25 Director of the Department of State Police by the Narcotic
26 Control Division Abolition Act.
27 9. To exercise the rights, powers and duties which have
28 been vested in the Department of Public Safety by the
29 Illinois Vehicle Code.
30 10. To exercise the rights, powers and duties which have
31 been vested in the Department of Public Safety by the Firearm
32 Owners Identification Card Act.
33 11. To enforce and administer such other laws in
34 relation to law enforcement as may be vested in the
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1 Department.
2 12. To transfer jurisdiction of any realty title to
3 which is held by the State of Illinois under the control of
4 the Department to any other department of the State
5 government or to the State Employees Housing Commission, or
6 to acquire or accept Federal land, when such transfer,
7 acquisition or acceptance is advantageous to the State and is
8 approved in writing by the Governor.
9 13. With the written approval of the Governor, to enter
10 into agreements with other departments created by this Act,
11 for the furlough of inmates of the penitentiary to such other
12 departments for their use in research programs being
13 conducted by them.
14 For the purpose of participating in such research
15 projects, the Department may extend the limits of any
16 inmate's place of confinement, when there is reasonable cause
17 to believe that the inmate will honor his or her trust by
18 authorizing the inmate, under prescribed conditions, to leave
19 the confines of the place unaccompanied by a custodial agent
20 of the Department. The Department shall make rules governing
21 the transfer of the inmate to the requesting other department
22 having the approved research project, and the return of such
23 inmate to the unextended confines of the penitentiary. Such
24 transfer shall be made only with the consent of the inmate.
25 The willful failure of a prisoner to remain within the
26 extended limits of his or her confinement or to return within
27 the time or manner prescribed to the place of confinement
28 designated by the Department in granting such extension shall
29 be deemed an escape from custody of the Department and
30 punishable as provided in Section 3-6-4 of the Unified Code
31 of Corrections.
32 14. To provide investigative services, with all of the
33 powers possessed by policemen in cities and sheriffs, in and
34 around all race tracks subject to the Horse Racing Act of
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1 1975.
2 15. To expend such sums as the Director deems necessary
3 from Contractual Services appropriations for the Division of
4 Criminal Investigation for the purchase of evidence and for
5 the employment of persons to obtain evidence. Such sums shall
6 be advanced to agents authorized by the Director to expend
7 funds, on vouchers signed by the Director.
8 16. To assist victims and witnesses in gang crime
9 prosecutions through the administration of funds appropriated
10 from the Gang Violence Victims and Witnesses Fund to the
11 Department. Such funds shall be appropriated to the
12 Department and shall only be used to assist victims and
13 witnesses in gang crime prosecutions and such assistance may
14 include any of the following:
15 (a) temporary living costs;
16 (b) moving expenses;
17 (c) closing costs on the sale of private residence;
18 (d) first month's rent;
19 (e) security deposits;
20 (f) apartment location assistance;
21 (g) other expenses which the Department considers
22 appropriate; and
23 (h) compensation for any loss of or injury to real
24 or personal property resulting from a gang crime to a
25 maximum of $5,000, subject to the following provisions:
26 (1) in the case of loss of property, the
27 amount of compensation shall be measured by the
28 replacement cost of similar or like property which
29 has been incurred by and which is substantiated by
30 the property owner,
31 (2) in the case of injury to property, the
32 amount of compensation shall be measured by the cost
33 of repair incurred and which can be substantiated by
34 the property owner,
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1 (3) compensation under this provision is a
2 secondary source of compensation and shall be
3 reduced by any amount the property owner receives
4 from any other source as compensation for the loss
5 or injury, including, but not limited to, personal
6 insurance coverage,
7 (4) no compensation may be awarded if the
8 property owner was an offender or an accomplice of
9 the offender, or if the award would unjustly benefit
10 the offender or offenders, or an accomplice of the
11 offender or offenders.
12 No victim or witness may receive such assistance if he or
13 she is not a part of or fails to fully cooperate in the
14 prosecution of gang crime members by law enforcement
15 authorities.
16 The Department shall promulgate any rules necessary for
17 the implementation of this amendatory Act of 1985.
18 17. To conduct arson investigations.
19 18. To develop a separate statewide statistical police
20 contact record keeping system for the study of juvenile
21 delinquency. The records of this police contact system shall
22 be limited to statistical information. No individually
23 identifiable information shall be maintained in the police
24 contact statistical record system.
25 19. To develop a separate statewide central juvenile
26 records system for persons arrested prior to the age of 17
27 under Section 5-401 of the Juvenile Court Act of 1987 or
28 adjudicated delinquent minors and to make information
29 available to local law enforcement officers so that law
30 enforcement officers will be able to obtain rapid access to
31 the background of the minor from other jurisdictions to the
32 end that the juvenile police officers can make appropriate
33 decisions which will best serve the interest of the child and
34 the community. The Department shall submit a quarterly
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1 report to the General Assembly and Governor which shall
2 contain the number of juvenile records that the Department
3 has received in that quarter and, a list, by category, of
4 offenses that minors were arrested for or convicted of by
5 age, race and gender.
6 20. To develop rules which guarantee the confidentiality
7 of such individually identifiable juvenile records except to
8 juvenile authorities who request information concerning the
9 minor and who certify in writing that the information will
10 not be disclosed to any other party except as provided under
11 law or order of court. For purposes of this Section,
12 "juvenile authorities" means: (i) a judge of the circuit
13 court and members of the staff of the court designated by the
14 judge; (ii) parties to the proceedings under the Juvenile
15 Court Act of 1987 and their attorneys; (iii) probation
16 officers and court appointed advocates for the juvenile
17 authorized by the judge hearing the case; (iv) any individual
18 or, public or of private agency having custody of the child
19 pursuant to court order; (v) any individual or, public or
20 private agency providing education, medical or mental health
21 service to the child when the requested information is needed
22 to determine the appropriate service or treatment for the
23 minor; (vi) any potential placement provider when such
24 release is authorized by the court for the limited purpose of
25 determining the appropriateness of the potential placement;
26 (vii) law enforcement officers and prosecutors; (viii) adult
27 and juvenile prisoner review boards; (ix) authorized military
28 personnel; (x) individuals authorized by court; (xi) the
29 Illinois General Assembly or any committee or commission
30 thereof.
31 21. To develop administrative rules and administrative
32 hearing procedures which allow a minor, his or her attorney,
33 and his or her parents or guardian access to individually
34 identifiable juvenile records for the purpose of determining
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1 or challenging the accuracy of the records. Final
2 administrative decisions shall be subject to the provisions
3 of the Administrative Review Law.
4 22. To charge, collect, and receive fees or moneys
5 equivalent to the cost of providing Department of State
6 Police personnel, equipment, and services to local
7 governmental agencies when explicitly requested by a local
8 governmental agency and pursuant to an intergovernmental
9 agreement as provided by this Section, other State agencies,
10 and federal agencies, including but not limited to fees or
11 moneys equivalent to the cost of providing dispatching
12 services, radio and radar repair, and training to local
13 governmental agencies on such terms and conditions as in the
14 judgment of the Director are in the best interest of the
15 State; and to establish, charge, collect and receive fees or
16 moneys based on the cost of providing responses to requests
17 for criminal history record information pursuant to positive
18 identification and any Illinois or federal law authorizing
19 access to some aspect of such information and to prescribe
20 the form and manner for requesting and furnishing such
21 information to the requestor on such terms and conditions as
22 in the judgment of the Director are in the best interest of
23 the State, provided fees for requesting and furnishing
24 criminal history record information may be waived for
25 requests in the due administration of the criminal laws. The
26 Department may also charge, collect and receive fees or
27 moneys equivalent to the cost of providing electronic data
28 processing lines or related telecommunication services to
29 local governments, but only when such services can be
30 provided by the Department at a cost less than that
31 experienced by said local governments through other means.
32 All services provided by the Department shall be conducted
33 pursuant to contracts in accordance with the
34 Intergovernmental Cooperation Act, and all telecommunication
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1 services shall be provided pursuant to the provisions of
2 Section 67.18 of this Code.
3 All fees received by the Department of State Police under
4 this Act or the Illinois Uniform Conviction Information Act
5 shall be deposited in a special fund in the State Treasury to
6 be known as the State Police Services Fund. The money
7 deposited in the State Police Services Fund shall be
8 appropriated to the Department of State Police for expenses
9 of the Department of State Police.
10 Upon the completion of any audit of the Department of
11 State Police as prescribed by the Illinois State Auditing
12 Act, which audit includes an audit of the State Police
13 Services Fund, the Department of State Police shall make the
14 audit open to inspection by any interested person.
15 23. To exercise the powers and perform the duties which
16 have been vested in the Department of State Police by the
17 Intergovernmental Missing Child Recovery Act of 1984, and to
18 establish reasonable rules and regulations necessitated
19 thereby.
20 24. (a) To establish and maintain a statewide Law
21 Enforcement Agencies Data System (LEADS) for the purpose of
22 providing electronic access by authorized entities to
23 criminal justice data repositories and effecting an immediate
24 law enforcement response to reports of missing persons,
25 including lost, missing or runaway minors. The Department
26 shall implement an automatic data exchange system to compile,
27 to maintain and to make available to other law enforcement
28 agencies for immediate dissemination data which can assist
29 appropriate agencies in recovering missing persons and
30 provide access by authorized entities to various data
31 repositories available through LEADS for criminal justice and
32 related purposes. To assist the Department in this effort,
33 funds may be appropriated from the LEADS Maintenance Fund.
34 (b) In exercising its duties under this subsection, the
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1 Department shall:
2 (1) provide a uniform reporting format for the
3 entry of pertinent information regarding the report of a
4 missing person into LEADS;
5 (2) develop and implement a policy whereby a
6 statewide or regional alert would be used in situations
7 relating to the disappearances of individuals, based on
8 criteria and in a format established by the Department.
9 Such a format shall include, but not be limited to, the
10 age of the missing person and the suspected circumstance
11 of the disappearance;
12 (3) notify all law enforcement agencies that
13 reports of missing persons shall be entered as soon as
14 the minimum level of data specified by the Department is
15 available to the reporting agency, and that no waiting
16 period for the entry of such data exists;
17 (4) compile and retain information regarding lost,
18 abducted, missing or runaway minors in a separate data
19 file, in a manner that allows such information to be used
20 by law enforcement and other agencies deemed appropriate
21 by the Director, for investigative purposes. Such
22 information shall include the disposition of all reported
23 lost, abducted, missing or runaway minor cases;
24 (5) compile and maintain an historic data
25 repository relating to lost, abducted, missing or runaway
26 minors and other missing persons in order to develop and
27 improve techniques utilized by law enforcement agencies
28 when responding to reports of missing persons; and
29 (6) create a quality control program regarding
30 confirmation of missing person data, timeliness of
31 entries of missing person reports into LEADS and
32 performance audits of all entering agencies.
33 25. On request of a school board or regional
34 superintendent of schools, to conduct an inquiry pursuant to
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1 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
2 an applicant for employment in a school district has been
3 convicted of any criminal or drug offenses enumerated in
4 Section 10-21.9 or 34-18.5 of the School Code. The
5 Department shall furnish such conviction information to the
6 President of the school board of the school district which
7 has requested the information, or if the information was
8 requested by the regional superintendent to that regional
9 superintendent.
10 26. To promulgate rules and regulations necessary for
11 the administration and enforcement of its powers and duties,
12 wherever granted and imposed, pursuant to the Illinois
13 Administrative Procedure Act.
14 27. To (a) promulgate rules pertaining to the
15 certification, revocation of certification and training of
16 law enforcement officers as electronic criminal surveillance
17 officers, (b) provide training and technical assistance to
18 State's Attorneys and local law enforcement agencies
19 pertaining to the interception of private oral
20 communications, (c) promulgate rules necessary for the
21 administration of Article 108B of the Code of Criminal
22 Procedure of 1963, including but not limited to standards for
23 recording and minimization of electronic criminal
24 surveillance intercepts, documentation required to be
25 maintained during an intercept, procedures in relation to
26 evidence developed by an intercept, and (d) charge a
27 reasonable fee to each law enforcement agency that sends
28 officers to receive training as electronic criminal
29 surveillance officers.
30 28. Upon the request of any private organization which
31 devotes a major portion of its time to the provision of
32 recreational, social, educational or child safety services to
33 children, to conduct, pursuant to positive identification,
34 criminal background investigations of all of that
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1 organization's current employees, current volunteers,
2 prospective employees or prospective volunteers charged with
3 the care and custody of children during the provision of the
4 organization's services, and to report to the requesting
5 organization any record of convictions maintained in the
6 Department's files about such persons. The Department shall
7 charge an application fee, based on actual costs, for the
8 dissemination of conviction information pursuant to this
9 subsection. The Department is empowered to establish this
10 fee and shall prescribe the form and manner for requesting
11 and furnishing conviction information pursuant to this
12 subsection. Information received by the organization from the
13 Department concerning an individual shall be provided to such
14 individual. Any such information obtained by the
15 organization shall be confidential and may not be transmitted
16 outside the organization and may not be transmitted to anyone
17 within the organization except as needed for the purpose of
18 evaluating the individual. Only information and standards
19 which bear a reasonable and rational relation to the
20 performance of child care shall be used by the organization.
21 Any employee of the Department or any member, employee or
22 volunteer of the organization receiving confidential
23 information under this subsection who gives or causes to be
24 given any confidential information concerning any criminal
25 convictions of an individual shall be guilty of a Class A
26 misdemeanor unless release of such information is authorized
27 by this subsection.
28 29. Upon the request of the Department of Children and
29 Family Services, to investigate reports of child abuse or
30 neglect.
31 30. To obtain registration of a fictitious vital record
32 pursuant to Section 15.1 of the Vital Records Act.
33 31. To collect and disseminate information relating to
34 "hate crimes" as defined under Section 12-7.1 of the Criminal
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1 Code of 1961 contingent upon the availability of State or
2 Federal funds to revise and upgrade the Illinois Uniform
3 Crime Reporting System. All law enforcement agencies shall
4 report monthly to the Department of State Police concerning
5 such offenses in such form and in such manner as may be
6 prescribed by rules and regulations adopted by the Department
7 of State Police. Such information shall be compiled by the
8 Department and be disseminated upon request to any local law
9 enforcement agency, unit of local government, or state
10 agency. Dissemination of such information shall be subject
11 to all confidentiality requirements otherwise imposed by law.
12 The Department of State Police shall provide training for
13 State Police officers in identifying, responding to, and
14 reporting all hate crimes. The Illinois Law Enforcement
15 Training Standards Board shall develop and certify a course
16 of such training to be made available to local law
17 enforcement officers.
18 32. Upon the request of a private carrier company that
19 provides transportation under Section 28b of the Metropolitan
20 Transit Authority Act, to ascertain if an applicant for a
21 driver position has been convicted of any criminal or drug
22 offense enumerated in Section 28b of the Metropolitan Transit
23 Authority Act. The Department shall furnish the conviction
24 information to the private carrier company that requested the
25 information.
26 33. To apply for grants or contracts, receive, expend,
27 allocate, or disburse funds and moneys made available by
28 public or private entities, including, but not limited to,
29 contracts, bequests, grants, or receiving equipment from
30 corporations, foundations, or public or private institutions
31 of higher learning. All funds received by the Department
32 from these sources shall be deposited into the appropriate
33 fund in the State Treasury to be appropriated to the
34 Department for purposes as indicated by the grantor or
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1 contractor or, in the case of funds or moneys bequeathed or
2 granted for no specific purpose, for any purpose as deemed
3 appropriate by the Director in administering the
4 responsibilities of the Department.
5 34. Upon the request of the Department of Children and
6 Family Services, the Department of State Police shall provide
7 properly designated employees of the Department of Children
8 and Family Services with criminal history record information
9 as defined in the Illinois Uniform Conviction Information Act
10 and information maintained in the Statewide Central Juvenile
11 record system as defined in subdivision (A)19 of this Section
12 if the Department of Children and Family Services determines
13 the information is necessary to perform its duties under the
14 Abused and Neglected Child Reporting Act, the Child Care Act
15 of 1969, and the Children and Family Services Act. The
16 request shall be in the form and manner specified by the
17 Department of State Police.
18 35. The Illinois Department of Public Aid is an
19 authorized entity under this Section for the purpose of
20 exchanging information, in the form and manner required by
21 the Department of State Police, obtaining access to various
22 data repositories available through LEADS, to facilitate the
23 location of individuals for establishing paternity, and
24 establishing, modifying, and enforcing child support
25 obligations, pursuant to the Illinois Public Aid Code and
26 Title IV, Part Section D of the Social Security Act. The
27 Department shall enter into an agreement with the Illinois
28 Department of Public Aid consistent with these purposes.
29 36. Upon request of the Department of Human Services, to
30 conduct an assessment and evaluation of sexually violent
31 persons as mandated by the Sexually Violent Persons
32 Commitment Act, the Department shall furnish criminal history
33 information maintained on the requested person. The request
34 shall be in the form and manner specified by the Department.
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1 37. Upon the request of the chief of a fire department,
2 the Department shall conduct criminal background
3 investigations of prospective firefighters and report to the
4 requesting chief any record of convictions maintained in the
5 Department's files about those persons. The Department may
6 charge a fee, based on actual costs, for the dissemination of
7 conviction information under this paragraph. The Department
8 may prescribe the form and manner for requesting and
9 furnishing conviction information under this paragraph.
10 (B) The Department of State Police may establish and
11 maintain, within the Department of State Police, a Statewide
12 Organized Criminal Gang Database (SWORD) for the purpose of
13 tracking organized criminal gangs and their memberships.
14 Information in the database may include, but not be limited
15 to, the name, last known address, birth date, physical
16 descriptions (such as scars, marks, or tattoos), officer
17 safety information, organized gang affiliation, and entering
18 agency identifier. The Department may develop, in
19 consultation with the Criminal Justice Information Authority,
20 and in a form and manner prescribed by the Department, an
21 automated data exchange system to compile, to maintain, and
22 to make this information electronically available to
23 prosecutors and to other law enforcement agencies. The
24 information may be used by authorized agencies to combat the
25 operations of organized criminal gangs statewide.
26 (C) The Department of State Police may ascertain the
27 number of bilingual police officers and other personnel
28 needed to provide services in a language other than English
29 and may establish, under applicable personnel rules and
30 Department guidelines or through a collective bargaining
31 agreement, a bilingual pay supplement program.
32 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
33 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
34 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
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1 10-6-98.)
2 Section 95. No acceleration or delay. Where this Act
3 makes changes in a statute that is represented in this Act by
4 text that is not yet or no longer in effect (for example, a
5 Section represented by multiple versions), the use of that
6 text does not accelerate or delay the taking effect of (i)
7 the changes made by this Act or (ii) provisions derived from
8 any other Public Act.