[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
91_SB1000
LRB9105196MWprA
1 AN ACT concerning 9-1-1 service.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Wireless Emergency Telephone Safety Act.
6 Section 5. Purpose. The General Assembly finds and
7 declares it is in the public interest to promote the use of
8 wireless 9-1-1 and wireless enhanced 9-1-1 (E9-1-1) service
9 in order to save lives and protect the property of the
10 citizens of the State of Illinois.
11 Wireless carriers are required by the Federal
12 Communications Commission (FCC) to provide E9-1-1 service in
13 the form of automatic location identification and automatic
14 number identification pursuant to policies set forth by the
15 FCC.
16 Public safety agencies and wireless carriers are
17 encouraged to work together to provide emergency access to
18 wireless 9-1-1 and wireless E9-1-1 service. Public safety
19 agencies and wireless carriers operating wireless 9-1-1 and
20 wireless E9-1-1 systems require adequate funding to recover
21 the costs of designing, purchasing, installing, testing, and
22 operating enhanced facilities, systems, and services
23 necessary to comply with the wireless E9-1-1 requirements
24 mandated by the Federal Communications Commission and to
25 maximize the availability of wireless E9-1-1 services
26 throughout the State of Illinois.
27 The revenues generated by the wireless carrier surcharge
28 enacted by this Act are required to fund the efforts of the
29 wireless carriers, emergency telephone system boards,
30 qualified governmental entities, and the Department of State
31 Police to improve the public health, safety, and welfare and
-2- LRB9105196MWprA
1 to serve a public purpose by providing emergency telephone
2 assistance through wireless communications.
3 It is the intent of the General Assembly to:
4 (1) establish and implement a cohesive statewide
5 emergency telephone number that will provide wireless
6 telephone users with rapid direct access to public safety
7 agencies by dialing the telephone number 9-1-1;
8 (2) encourage wireless carriers and public safety
9 agencies to provide E9-1-1 services that will assist
10 public safety agencies in determining the caller's
11 approximate location and wireless telephone number;
12 (3) grant authority to public safety agencies not
13 already in possession of the authority to finance the
14 cost of installing and operating wireless 9-1-1 systems
15 and reimbursing wireless carriers for costs incurred to
16 provide wireless E9-1-1 services; and
17 (4) provide for a reasonable fee on wireless
18 telephone service subscribers to accomplish these
19 purposes.
20 Section 10. Definitions. In this Act:
21 "Emergency telephone system board" means a board
22 appointed by the corporate authorities of any county or
23 municipality that provides for the management and operation
24 of a 9-1-1 system within the scope of the duties and powers
25 prescribed by the Emergency Telephone System Act.
26 "Master street address guide" means the computerized
27 geographical database that consists of all street and address
28 data within a 9-1-1 system.
29 "Public safety agency" means a functional division of a
30 public agency that provides fire fighting, police, medical,
31 or other emergency services. For the purpose of providing
32 wireless service to users of 9-1-1 emergency services, as
33 expressly provided for in this Act, the Department of State
-3- LRB9105196MWprA
1 Police may be considered a public safety agency.
2 "Qualified governmental entity" means a unit of local
3 government authorized to provide 9-1-1 services pursuant to
4 the Emergency Telephone System Act where no emergency
5 telephone system board exists.
6 "Statewide wireless emergency 9-1-1 system" means all
7 areas of the State where an emergency telephone system board
8 or, in the absence of an emergency telephone system board, a
9 qualified governmental entity has not declared its intention
10 for one or more of its public safety answering points to
11 serve as a primary wireless 9-1-1 public safety answering
12 point for its jurisdiction. The operator of the statewide
13 wireless emergency 9-1-1 system shall be the Department of
14 State Police.
15 "WEES Trust Fund" means the Wireless Enhanced 9-1-1
16 Emergency System Trust Fund.
17 "Wireless carrier" means a provider of two-way cellular,
18 broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial
19 Mobile Radio Service (CMRS), Wireless Communications Service
20 (WCS), or other Commercial Mobile Radio Service (CMRS), as
21 defined by the Federal Communications Commission, offering
22 radio communications that may provide fixed, mobile, radio
23 location, or satellite communication services to individuals
24 or businesses within its assigned spectrum block and
25 geographical area or that offers real-time, two-way voice
26 service that is interconnected with the public switched
27 network, including a reseller of such service.
28 "Wireless enhanced 9-1-1" means the ability to relay the
29 telephone number of the originator of a 9-1-1 call and the
30 location of the cell site or base station receiving a 9-1-1
31 call from any mobile handset or text telephone device
32 accessing the wireless system to the designated wireless
33 public safety answering point through the use of automatic
34 number identification and pseudo-automatic number
-4- LRB9105196MWprA
1 identification.
2 "Wireless public safety answering point" means the
3 functional division of an emergency telephone system board,
4 qualified governmental entity, or the Department of State
5 Police accepting wireless 9-1-1 calls.
6 "Wireless subscriber" means an individual or entity to
7 whom a wireless service account or number has been assigned
8 by a wireless carrier.
9 Section 15. Wireless emergency 9-1-1 service. The
10 digits "9-1-1" shall be the designated emergency telephone
11 number within the wireless system.
12 (a) Standards. The Illinois Commerce Commission may set
13 non-discriminatory, uniform technical and operational
14 standards consistent with the rules of the Federal
15 Communications Commission for directing calls to authorized
16 public safety answering points. These standards shall not in
17 any way prescribe the technology or manner a wireless carrier
18 shall use to deliver wireless 9-1-1 or wireless E9-1-1 calls
19 and these standards shall not exceed the requirements set by
20 the Federal Communications Commission. However, standards
21 for directing calls to the authorized public safety answering
22 point shall be met. The authority given to the Illinois
23 Commerce Commission in this Section is limited to setting
24 standards as set forth herein and does not constitute
25 authority to regulate wireless carriers.
26 (b) Wireless public safety answering points. For the
27 purpose of providing wireless 9-1-1 emergency services, an
28 emergency telephone system board or, in the absence of an
29 emergency telephone system board, a qualified governmental
30 entity may declare its intention for one or more of its
31 public safety answering points to serve as a primary wireless
32 9-1-1 public safety answering point for its jurisdiction by
33 notifying the Chief Clerk of the Illinois Commerce Commission
-5- LRB9105196MWprA
1 and the Director of State Police in writing within 6 months
2 after the effective date of this Act or within 6 months after
3 receiving its authority to operate a 9-1-1 system under the
4 Emergency Telephone System Act. In addition, 2 or more
5 emergency telephone system boards or qualified units of local
6 government may, by virtue of an intergovernmental agreement,
7 provide wireless 9-1-1 service. The Department of State
8 Police shall be the primary wireless 9-1-1 public safety
9 answering point for any jurisdiction not providing notice to
10 the Commission and the Department of State Police. Nothing
11 in this Act shall require the provision of wireless enhanced
12 9-1-1 services.
13 The Illinois Commerce Commission, upon a joint request
14 from the Department of State Police and a qualified
15 governmental entity or an emergency telephone system board,
16 may grant authority to the emergency telephone system board
17 or a qualified governmental entity to provide wireless 9-1-1
18 service in areas for which the Department of State Police has
19 accepted wireless 9-1-1 responsibility. The Illinois
20 Commerce Commission shall maintain a current list of all
21 9-1-1 systems and qualified governmental entities providing
22 wireless 9-1-1 service under this Act.
23 Any emergency telephone system board or qualified
24 governmental entity providing wireless 9-1-1 service prior to
25 the effective date of this Act may continue to operate upon
26 notification as previously described in this Section. An
27 emergency telephone system board or a qualified governmental
28 entity shall submit, with its notification, the date upon
29 which it commenced operating.
30 (c) Wireless Enhanced 9-1-1 Board. The Wireless
31 Enhanced 9-1-1 Board is created. The Board consists of 7
32 members appointed by the Governor with the advice and consent
33 of the Senate. It is recommended that the Governor appoint
34 members from the following: the Illinois Chapter of the
-6- LRB9105196MWprA
1 National Emergency Numbers Association, the Illinois State
2 Police, law enforcement agencies, the wireless
3 telecommunications industry, an emergency telephone system
4 board in Cook County (outside the City of Chicago), an
5 emergency telephone system board in the Metro-east area, and
6 an emergency telephone system board in the collar counties
7 (Lake, McHenry, DuPage, Kane, and Will counties). Members of
8 the Board may not receive any compensation but may, however,
9 be reimbursed for any necessary expenditure in connection
10 with their duties.
11 Except as provided in paragraph (10) of subsection (d) of
12 this Section, the Wireless Enhanced 9-1-1 Board shall set the
13 amount of the monthly wireless surcharge required to be
14 imposed under subsection (d) of this Section on all wireless
15 subscribers in this State. The surcharge may not be more
16 than $0.75 per month per CMRS connection.
17 The Wireless Enhanced 9-1-1 Board shall report to the
18 General Assembly by January 1, 2000 on implementing wireless
19 non-emergency services for the purpose of public safety using
20 the digits 3-1-1. The Board shall consider the purpose of
21 public safety using the digits 3-1-1. The Board shall
22 consider the delivery of 3-1-1 services in a 6 county area,
23 including rural Cook County (outside of the City of Chicago),
24 and DuPage, Lake, McHenry, Will, and Kane Counties, as well
25 as counties outside of this area by an emergency telephone
26 system board, a qualified governmental entity, or private
27 industry. Upon filing its report, the Board is dissolved.
28 (d) Wireless carrier surcharge.
29 (1) Except as provided in paragraph (10) of this
30 subsection (d), each wireless carrier shall impose a
31 monthly wireless carrier surcharge per CMRS connection
32 that either has a telephone number within an area code
33 assigned to Illinois by the North American Numbering Plan
34 Administrator or has a billing address in this State.
-7- LRB9105196MWprA
1 The wireless carrier that provides wireless service to
2 the subscriber shall collect the surcharge set by the
3 Wireless Enhanced 9-1-1 Board from the subscriber. The
4 surcharge shall be stated as a separate item on the
5 subscriber's monthly bill. The wireless carrier shall
6 begin collecting the surcharge on bills issued within 90
7 days after the Wireless Enhanced 9-1-1 Board sets the
8 monthly wireless surcharge. State and local taxes shall
9 not apply to the wireless carrier surcharge.
10 (2) Except as provided in paragraph (10) of this
11 subsection (d), the wireless carrier collecting the
12 surcharge may retain 1% of the amount of the wireless
13 carrier surcharge collected from each subscriber in the
14 State each month as reimbursement for its expenses
15 incurred in collecting the surcharge, including
16 accounting and related expenses.
17 (3) Except as provided in paragraphs (2) and (10)
18 of this subsection (d), a wireless carrier shall, within
19 45 days of collection, remit, either by check or by
20 electronic funds transfer, to the State Treasurer 1/3 of
21 the amount of the wireless carrier surcharge collected
22 from each subscriber for recovery of its cost of
23 implementing wireless enhanced 9-1-1 services, including
24 costs and expenses incurred in designing, upgrading,
25 purchasing, leasing, programming, installing, testing, or
26 maintaining all necessary hardware and software required
27 to provide service as well as the costs of operating the
28 service. These costs may be both recurring and
29 non-recurring. The Treasurer shall deposit all the
30 payments into the WEES Trust Fund, created by this Act,
31 within 14 days after payments are received from the
32 wireless carriers. Moneys deposited into the WEES Trust
33 Fund shall be used exclusively to reimburse wireless
34 carriers for establishing and maintaining their enhanced
-8- LRB9105196MWprA
1 9-1-1 emergency systems and for payment of the
2 administrative costs of the WEES Trust Fund.
3 (4) (A) A wireless carrier may recover all of its
4 costs incurred for the purposes of compliance with
5 the applicable provisions of Federal Communications
6 Commission wireless enhanced 9-1-1 service mandates
7 from the WEES Trust Fund. Those purposes shall
8 include, but not be limited to, the cost for
9 upgrading, purchasing, programming, and installing
10 necessary data, hardware, and software and
11 associated administrative costs and overhead.
12 (B) To recover costs from the WEES Trust Fund,
13 the wireless carrier shall submit to the State
14 Treasurer sworn invoices. Sworn invoices must be
15 submitted to the Treasurer in connection with any
16 request for payment. In no event shall any invoice
17 for payment be approved for payment of costs that
18 are not related to compliance with the requirements
19 established by the wireless enhanced 9-1-1 mandates
20 of the Federal Communications Commission, or for any
21 payment with respect to any wireless enhanced 9-1-1
22 service that is not operable at the time the invoice
23 is submitted, or for payment of any costs of any
24 wireless carrier exceeding 125% of the wireless
25 emergency services charges remitted to the WEES
26 Trust Fund by the wireless carrier under paragraph
27 (3) of this subsection (d) unless the wireless
28 carrier received prior approval for the expenditures
29 from the State Treasurer. If the total amount of
30 invoices submitted to the Treasurer and approved for
31 payment exceeds the amount in the WEES Trust Fund in
32 any month, wireless providers that have invoices
33 approved for payment shall receive a pro-rata share
34 of the amount available in the WEES Trust Fund based
-9- LRB9105196MWprA
1 on the relative amount of their approved invoices
2 available that month, and the balance of the
3 payments shall be carried into the following months,
4 and shall include appropriate interest at the
5 statutory rate, until all of the approved payments
6 are made.
7 (5)(A) Except as provided in paragraphs (2), (3),
8 and (10) of this subsection (d), all surcharge
9 moneys collected by the wireless carrier shall be
10 remitted monthly, either by check or electronic
11 funds transfer, not later than 45 days after being
12 collected to the Wireless Emergency Telephone System
13 Distribution Fund established by the Illinois
14 Sheriffs' Association, a 501(c)(3) not-for-profit
15 corporation or its affiliate. The first such
16 remittance by wireless carriers shall include the
17 number of customers by zip code, and the 9-digit zip
18 code if currently being used or later implemented by
19 the carrier, that shall be the means by which the
20 Emergency Telephone System Distribution Fund shall
21 determine its formulation of proper surcharge
22 remittance. This information shall be updated no
23 less often than every year. Wireless carriers are
24 not required to remit surcharge moneys that are
25 billed to subscribers but not yet collected.
26 (B) The Wireless Emergency Telephone System
27 Distribution Fund shall engage an independent
28 auditing firm to conduct an annual audit in
29 accordance with generally accepted accounting
30 principals (GAAP) and to perform agreed upon
31 procedures to test the compliance of the
32 distribution of the funds in accordance with the
33 provisions of this Act.
34 (6) The Wireless Emergency Telephone System
-10- LRB9105196MWprA
1 Distribution Fund shall, within 45 days of receipt, remit
2 monthly all surcharge moneys, minus 2% of the amount of
3 the wireless carrier surcharge collected from each
4 subscriber in the State for administrative expenses, to
5 the emergency telephone system board or, in the absence
6 of an emergency telephone system board, to the
7 appropriate and qualified governmental entity providing
8 wireless 9-1-1 service. Proper surcharge remittance to
9 the appropriate emergency telephone system board or
10 qualified governmental entity or the Department of State
11 Police shall initially be determined based upon the
12 United States Postal Zip Code of the wireless
13 subscriber's billing address. In areas of overlapping
14 jurisdiction distribution shall be made based upon
15 notification to the Fund from the responsible emergency
16 telephone system board or qualified governmental entity
17 through reference to an official Master Street Address
18 Guide provided to the Fund by the emergency telephone
19 system board or qualified governmental entity whose
20 public service answering points provide wireless 9-1-1
21 service. The emergency telephone system board or
22 qualified governmental entity shall provide the Fund with
23 a valid copy of the appropriate Master Street Address
24 Guide. Where there is no emergency telephone system
25 board or qualified governmental entity, the appropriate
26 surcharge moneys shall be remitted to the State Wireless
27 Service Emergency Fund, an interest-bearing special fund
28 established in the State treasury. The Department of
29 State Police shall have no duty to verify jurisdictional
30 responsibility.
31 (7) In the event of a subscriber billing address
32 being matched to an incorrect jurisdiction by the
33 Wireless Emergency Telephone System Distribution Fund,
34 the recipient shall redirect the funds to the correct
-11- LRB9105196MWprA
1 jurisdiction. The Wireless Emergency Telephone System
2 Distribution Fund agent or agents shall not be held
3 liable for any damages unless the act or omission
4 constitutes gross negligence, recklessness, or
5 intentional misconduct.
6 (8) Moneys in the State Wireless Service Emergency
7 Fund shall be used by the Department of State Police,
8 subject to appropriation, only for the design,
9 implementation, operation, maintenance, or upgrade of
10 wireless 9-1-1 or E9-1-1 emergency services and public
11 safety answering points.
12 The moneys received by the Department of State
13 Police from the State Wireless Service Emergency Fund, in
14 any year, may be used for any costs relating to the
15 leasing, modification, or maintenance of any building or
16 facility used to house personnel or equipment associated
17 with the operation of wireless 9-1-1 or wireless E9-1-1
18 emergency services as required by the Department of State
19 Police to ensure service in those areas where service is
20 not otherwise provided.
21 Moneys from the State Wireless Service Emergency
22 Fund may not be used to pay for or recover any costs
23 associated with public safety agency equipment or
24 personnel dispatched in response to wireless 9-1-1 or
25 wireless E9-1-1 emergency calls.
26 (9) Because of the highly competitive nature of the
27 wireless telephone industry, a public disclosure of
28 information about surcharge moneys paid by wireless
29 carriers could have the effect of stifling competition to
30 the detriment of the public and the delivery of wireless
31 9-1-1 services. Therefore, the Department of State
32 Police, the Wireless Emergency Telephone System
33 Distribution Fund, governmental agencies, or individuals
34 with access to that information shall take appropriate
-12- LRB9105196MWprA
1 steps to prevent public disclosure of this information.
2 Information and data supporting the amount and
3 distribution of surcharge moneys collected and remitted
4 by an individual wireless carrier shall be deemed exempt
5 information for purposes of the Freedom of Information
6 Act and shall not be publicly disclosed. The gross
7 amount paid by all carriers shall not be deemed exempt
8 and may be publicly disclosed.
9 (10) Notwithstanding any other provisions of this
10 Act, a unit of local government or emergency telephone
11 system board providing wireless 9-1-1 service and
12 imposing and collecting a wireless carrier surcharge
13 prior to July 1, 1998 may continue its practices of
14 imposing and collecting its wireless carrier surcharge,
15 but in no event shall that monthly surcharge exceed $1.25
16 per each CMRS connection or in-service telephone number
17 billed on a monthly basis.
18 (e) Wireless Enhanced 9-1-1 Emergency System Trust Fund.
19 (1) There is created in the State treasury a
20 special fund to be known as the Wireless Enhanced 9-1-1
21 Emergency System Trust Fund for the purpose of providing
22 payment to wireless carriers for their cost of providing
23 wireless enhanced 9-1-1 service, as prescribed by Federal
24 Communications Commission wireless enhanced 9-1-1
25 mandates. However, a wireless carrier may not receive
26 payment from the WEES Trust Fund for its costs of
27 providing wireless enhanced 9-1-1 services where the unit
28 of local government or emergency telephone system board
29 provides wireless 9-1-1 services and was imposing and
30 collecting a wireless carrier surcharge prior to July 1,
31 1998.
32 (2) The State Treasurer shall be the custodian of
33 the WEES Trust Fund.
34 (3) Amounts in the WEES Trust Fund, not currently
-13- LRB9105196MWprA
1 required to meet the payment obligations of the WEES
2 Trust Fund as prescribed in paragraph (4) of subsection
3 (d), shall be invested as provided by law and all
4 interest earned from the investment shall be retained in
5 the WEES Trust Fund and used to meet its obligations.
6 (4) The State Treasurer shall maintain with a
7 corporation qualified to administer trusts in this State
8 under the Corporate Fiduciary Act for the funds deposited
9 with the State Treasurer a limited agency, custodial, or
10 depository account or other type of account for the
11 safekeeping of those funds and for collecting the income
12 from those funds and providing supportive accounting
13 services relating to the safekeeping and collection.
14 Such a corporation, in safekeeping the funds, shall have
15 all the powers, rights, duties, and responsibilities that
16 it has for holding securities in its fiduciary accounts
17 under the Securities in Fiduciary Accounts Act.
18 (5) The moneys received for the WEES Trust Fund
19 shall not be subject to appropriation by the General
20 Assembly but shall be held and invested by the State
21 Treasurer separate and apart from the State treasury.
22 The Treasurer shall invest the money received as provided
23 in the trust agreement.
24 (6) The State Treasurer shall maintain detailed
25 records of all receipts and disbursement in the same
26 manner as required for trustees under the Trusts and
27 Trustees Act. The Treasurer shall provide an annual
28 accounting of all receipts, disbursements, and inventory
29 to the Auditor General.
30 (7) The Auditor General shall audit the WEES Trust
31 Fund from time to time, as deemed necessary by the
32 Auditor General. The State Comptroller shall prescribe
33 any rules or guidelines deemed necessary for the
34 administration, regulation, or operation of the WEES
-14- LRB9105196MWprA
1 Trust Fund.
2 Section 20. Limitation of liability. Notwithstanding any
3 other provision of law, in no event shall a unit of local
4 government, the Department of State Police, the Wireless
5 Emergency Telephone System Distribution Fund, or a public
6 safety agency, public safety answering point, emergency
7 telephone system board, or wireless carrier, or their
8 officers, employees, assigns, or agents, be liable for any
9 form of civil damages or criminal liability that directly or
10 indirectly results from, or is caused by, any act or omission
11 in the development, design, installation, operation,
12 maintenance, performance, or provision of wireless 9-1-1 or
13 wireless E9-1-1 service unless the act or omission
14 constitutes gross negligence, recklessness, or intentional
15 misconduct. A unit of local government, the Department of
16 State Police, the Wireless Emergency Telephone Distribution
17 Fund, or a public safety agency, public safety answering
18 point, emergency telephone system board, or wireless carrier,
19 or their officers, employees, assigns, or agents, shall not
20 be liable for any form of civil damages or criminal liability
21 that directly or indirectly results from, or is caused by,
22 the release of subscriber information to any governmental
23 entity as required under the provisions of this Act unless
24 the release constitutes gross negligence, recklessness, or
25 intentional misconduct.
26 Section 25. Severability. If any provision of this Act or
27 its application to any person or circumstance is held
28 invalid, the invalidity of that provision or application does
29 not affect other provisions or applications of this Act that
30 can be given effect without the invalid application or
31 provision.
-15- LRB9105196MWprA
1 Section 30. Home rule. A home rule unit, other than a
2 home rule municipality having a population in excess of
3 500,000 and that imposes its own surcharge on wireless
4 carriers on the effective date of this Act, may not impose a
5 separate surcharge on wireless 9-1-1 service in addition to
6 the State imposed surcharge on wireless 9-1-1 under this Act.
7 This Section is a limitation under subsection (g) of Section
8 6 of Article VII of the Illinois Constitution on the powers
9 and functions of home rule units not exercised or performed
10 by the State.
11 Section 35. Review. This Act and any regulation
12 established by a State agency pursuant to this Act shall be
13 reviewed by the Auditor General prior to October 1, 2001.
14 Section 40. Expiration. This Act is repealed on April
15 1, 2005.
16 Section 800. The Freedom of Information Act is amended
17 by changing Section 7 as follows:
18 (5 ILCS 140/7) (from Ch. 116, par. 207)
19 Sec. 7. Exemptions.
20 (1) The following shall be exempt from inspection and
21 copying:
22 (a) Information specifically prohibited from
23 disclosure by federal or State law or rules and
24 regulations adopted under federal or State law.
25 (b) Information that, if disclosed, would
26 constitute a clearly unwarranted invasion of personal
27 privacy, unless the disclosure is consented to in writing
28 by the individual subjects of the information. The
29 disclosure of information that bears on the public duties
30 of public employees and officials shall not be considered
-16- LRB9105196MWprA
1 an invasion of personal privacy. Information exempted
2 under this subsection (b) shall include but is not
3 limited to:
4 (i) files and personal information maintained
5 with respect to clients, patients, residents,
6 students or other individuals receiving social,
7 medical, educational, vocational, financial,
8 supervisory or custodial care or services directly
9 or indirectly from federal agencies or public
10 bodies;
11 (ii) personnel files and personal information
12 maintained with respect to employees, appointees or
13 elected officials of any public body or applicants
14 for those positions;
15 (iii) files and personal information
16 maintained with respect to any applicant, registrant
17 or licensee by any public body cooperating with or
18 engaged in professional or occupational
19 registration, licensure or discipline;
20 (iv) information required of any taxpayer in
21 connection with the assessment or collection of any
22 tax unless disclosure is otherwise required by State
23 statute; and
24 (v) information revealing the identity of
25 persons who file complaints with or provide
26 information to administrative, investigative, law
27 enforcement or penal agencies; provided, however,
28 that identification of witnesses to traffic
29 accidents, traffic accident reports, and rescue
30 reports may be provided by agencies of local
31 government, except in a case for which a criminal
32 investigation is ongoing, without constituting a
33 clearly unwarranted per se invasion of personal
34 privacy under this subsection.
-17- LRB9105196MWprA
1 (c) Records compiled by any public body for
2 administrative enforcement proceedings and any law
3 enforcement or correctional agency for law enforcement
4 purposes or for internal matters of a public body, but
5 only to the extent that disclosure would:
6 (i) interfere with pending or actually and
7 reasonably contemplated law enforcement proceedings
8 conducted by any law enforcement or correctional
9 agency;
10 (ii) interfere with pending administrative
11 enforcement proceedings conducted by any public
12 body;
13 (iii) deprive a person of a fair trial or an
14 impartial hearing;
15 (iv) unavoidably disclose the identity of a
16 confidential source or confidential information
17 furnished only by the confidential source;
18 (v) disclose unique or specialized
19 investigative techniques other than those generally
20 used and known or disclose internal documents of
21 correctional agencies related to detection,
22 observation or investigation of incidents of crime
23 or misconduct;
24 (vi) constitute an invasion of personal
25 privacy under subsection (b) of this Section;
26 (vii) endanger the life or physical safety of
27 law enforcement personnel or any other person; or
28 (viii) obstruct an ongoing criminal
29 investigation.
30 (d) Criminal history record information maintained
31 by State or local criminal justice agencies, except the
32 following which shall be open for public inspection and
33 copying:
34 (i) chronologically maintained arrest
-18- LRB9105196MWprA
1 information, such as traditional arrest logs or
2 blotters;
3 (ii) the name of a person in the custody of a
4 law enforcement agency and the charges for which
5 that person is being held;
6 (iii) court records that are public;
7 (iv) records that are otherwise available
8 under State or local law; or
9 (v) records in which the requesting party is
10 the individual identified, except as provided under
11 part (vii) of paragraph (c) of subsection (1) of
12 this Section.
13 "Criminal history record information" means data
14 identifiable to an individual and consisting of
15 descriptions or notations of arrests, detentions,
16 indictments, informations, pre-trial proceedings, trials,
17 or other formal events in the criminal justice system or
18 descriptions or notations of criminal charges (including
19 criminal violations of local municipal ordinances) and
20 the nature of any disposition arising therefrom,
21 including sentencing, court or correctional supervision,
22 rehabilitation and release. The term does not apply to
23 statistical records and reports in which individuals are
24 not identified and from which their identities are not
25 ascertainable, or to information that is for criminal
26 investigative or intelligence purposes.
27 (e) Records that relate to or affect the security
28 of correctional institutions and detention facilities.
29 (f) Preliminary drafts, notes, recommendations,
30 memoranda and other records in which opinions are
31 expressed, or policies or actions are formulated, except
32 that a specific record or relevant portion of a record
33 shall not be exempt when the record is publicly cited and
34 identified by the head of the public body. The exemption
-19- LRB9105196MWprA
1 provided in this paragraph (f) extends to all those
2 records of officers and agencies of the General Assembly
3 that pertain to the preparation of legislative documents.
4 (g) Trade secrets and commercial or financial
5 information obtained from a person or business where the
6 trade secrets or information are proprietary, privileged
7 or confidential, or where disclosure of the trade secrets
8 or information may cause competitive harm, including all
9 information determined to be confidential under Section
10 4002 of the Technology Advancement and Development Act.
11 Nothing contained in this paragraph (g) shall be
12 construed to prevent a person or business from consenting
13 to disclosure.
14 (h) Proposals and bids for any contract, grant, or
15 agreement, including information which if it were
16 disclosed would frustrate procurement or give an
17 advantage to any person proposing to enter into a
18 contractor agreement with the body, until an award or
19 final selection is made. Information prepared by or for
20 the body in preparation of a bid solicitation shall be
21 exempt until an award or final selection is made.
22 (i) Valuable formulae, designs, drawings and
23 research data obtained or produced by any public body
24 when disclosure could reasonably be expected to produce
25 private gain or public loss.
26 (j) Test questions, scoring keys and other
27 examination data used to administer an academic
28 examination or determined the qualifications of an
29 applicant for a license or employment.
30 (k) Architects' plans and engineers' technical
31 submissions for projects not constructed or developed in
32 whole or in part with public funds and for projects
33 constructed or developed with public funds, to the extent
34 that disclosure would compromise security.
-20- LRB9105196MWprA
1 (l) Library circulation and order records
2 identifying library users with specific materials.
3 (m) Minutes of meetings of public bodies closed to
4 the public as provided in the Open Meetings Act until the
5 public body makes the minutes available to the public
6 under Section 2.06 of the Open Meetings Act.
7 (n) Communications between a public body and an
8 attorney or auditor representing the public body that
9 would not be subject to discovery in litigation, and
10 materials prepared or compiled by or for a public body in
11 anticipation of a criminal, civil or administrative
12 proceeding upon the request of an attorney advising the
13 public body, and materials prepared or compiled with
14 respect to internal audits of public bodies.
15 (o) Information received by a primary or secondary
16 school, college or university under its procedures for
17 the evaluation of faculty members by their academic
18 peers.
19 (p) Administrative or technical information
20 associated with automated data processing operations,
21 including but not limited to software, operating
22 protocols, computer program abstracts, file layouts,
23 source listings, object modules, load modules, user
24 guides, documentation pertaining to all logical and
25 physical design of computerized systems, employee
26 manuals, and any other information that, if disclosed,
27 would jeopardize the security of the system or its data
28 or the security of materials exempt under this Section.
29 (q) Documents or materials relating to collective
30 negotiating matters between public bodies and their
31 employees or representatives, except that any final
32 contract or agreement shall be subject to inspection and
33 copying.
34 (r) Drafts, notes, recommendations and memoranda
-21- LRB9105196MWprA
1 pertaining to the financing and marketing transactions of
2 the public body. The records of ownership, registration,
3 transfer, and exchange of municipal debt obligations, and
4 of persons to whom payment with respect to these
5 obligations is made.
6 (s) The records, documents and information relating
7 to real estate purchase negotiations until those
8 negotiations have been completed or otherwise terminated.
9 With regard to a parcel involved in a pending or actually
10 and reasonably contemplated eminent domain proceeding
11 under Article VII of the Code of Civil Procedure,
12 records, documents and information relating to that
13 parcel shall be exempt except as may be allowed under
14 discovery rules adopted by the Illinois Supreme Court.
15 The records, documents and information relating to a real
16 estate sale shall be exempt until a sale is consummated.
17 (t) Any and all proprietary information and records
18 related to the operation of an intergovernmental risk
19 management association or self-insurance pool or jointly
20 self-administered health and accident cooperative or
21 pool.
22 (u) Information concerning a university's
23 adjudication of student or employee grievance or
24 disciplinary cases, to the extent that disclosure would
25 reveal the identity of the student or employee and
26 information concerning any public body's adjudication of
27 student or employee grievances or disciplinary cases,
28 except for the final outcome of the cases.
29 (v) Course materials or research materials used by
30 faculty members.
31 (w) Information related solely to the internal
32 personnel rules and practices of a public body.
33 (x) Information contained in or related to
34 examination, operating, or condition reports prepared by,
-22- LRB9105196MWprA
1 on behalf of, or for the use of a public body responsible
2 for the regulation or supervision of financial
3 institutions or insurance companies, unless disclosure is
4 otherwise required by State law.
5 (y) Information the disclosure of which is
6 restricted under Section 5-108 of the Public Utilities
7 Act.
8 (z) Manuals or instruction to staff that relate to
9 establishment or collection of liability for any State
10 tax or that relate to investigations by a public body to
11 determine violation of any criminal law.
12 (aa) Applications, related documents, and medical
13 records received by the Experimental Organ
14 Transplantation Procedures Board and any and all
15 documents or other records prepared by the Experimental
16 Organ Transplantation Procedures Board or its staff
17 relating to applications it has received.
18 (bb) Insurance or self insurance (including any
19 intergovernmental risk management association or self
20 insurance pool) claims, loss or risk management
21 information, records, data, advice or communications.
22 (cc) Information and records held by the Department
23 of Public Health and its authorized representatives
24 relating to known or suspected cases of sexually
25 transmissible disease or any information the disclosure
26 of which is restricted under the Illinois Sexually
27 Transmissible Disease Control Act.
28 (dd) Information the disclosure of which is
29 exempted under Section 30 of the Radon Industry Licensing
30 Act.
31 (ee) Firm performance evaluations under Section 55
32 of the Architectural, Engineering, and Land Surveying
33 Qualifications Based Selection Act.
34 (ff) Security portions of system safety program
-23- LRB9105196MWprA
1 plans, investigation reports, surveys, schedules, lists,
2 data, or information compiled, collected, or prepared by
3 or for the Regional Transportation Authority under
4 Section 2.11 of the Regional Transportation Authority Act
5 or the State of Missouri under the Bi-State Transit
6 Safety Act.
7 (gg) Information the disclosure of which is
8 restricted and exempted under Section 50 of the Illinois
9 Prepaid Tuition Act.
10 (hh) Information the disclosure of which is
11 exempted under Section 80 of the State Gift Ban Act.
12 (ii) Beginning July 1, 1999, (hh) information that
13 would disclose or might lead to the disclosure of secret
14 or confidential information, codes, algorithms, programs,
15 or private keys intended to be used to create electronic
16 or digital signatures under the Electronic Commerce
17 Security Act.
18 (jj) Information and data concerning the
19 distribution of surcharge moneys collected and remitted
20 by wireless carriers under the Wireless Emergency
21 Telephone Safety Act.
22 (2) This Section does not authorize withholding of
23 information or limit the availability of records to the
24 public, except as stated in this Section or otherwise
25 provided in this Act.
26 (Source: P.A. 90-262, eff. 7-30-97; 90-273, eff. 7-30-97;
27 90-546, eff. 12-1-97; 90-655, eff. 7-30-98; 90-737, eff.
28 1-1-99; 90-759, eff. 7-1-99; revised 9-8-98.)
29 Section 805. The Civil Administrative Code of Illinois
30 is amended by changing Section 55a as follows:
31 (20 ILCS 2605/55a) (from Ch. 127, par. 55a)
32 (Text of Section before amendment by P.A. 90-590)
-24- LRB9105196MWprA
1 Sec. 55a. Powers and duties.
2 (A) The Department of State Police shall have the
3 following powers and duties, and those set forth in Sections
4 55a-1 through 55c:
5 1. To exercise the rights, powers and duties which have
6 been vested in the Department of Public Safety by the State
7 Police Act.
8 2. To exercise the rights, powers and duties which have
9 been vested in the Department of Public Safety by the State
10 Police Radio Act.
11 3. To exercise the rights, powers and duties which have
12 been vested in the Department of Public Safety by the
13 Criminal Identification Act.
14 4. To (a) investigate the origins, activities, personnel
15 and incidents of crime and the ways and means to redress the
16 victims of crimes, and study the impact, if any, of
17 legislation relative to the effusion of crime and growing
18 crime rates, and enforce the criminal laws of this State
19 related thereto, (b) enforce all laws regulating the
20 production, sale, prescribing, manufacturing, administering,
21 transporting, having in possession, dispensing, delivering,
22 distributing, or use of controlled substances and cannabis,
23 (c) employ skilled experts, scientists, technicians,
24 investigators or otherwise specially qualified persons to aid
25 in preventing or detecting crime, apprehending criminals, or
26 preparing and presenting evidence of violations of the
27 criminal laws of the State, (d) cooperate with the police of
28 cities, villages and incorporated towns, and with the police
29 officers of any county, in enforcing the laws of the State
30 and in making arrests and recovering property, (e) apprehend
31 and deliver up any person charged in this State or any other
32 State of the United States with treason, felony, or other
33 crime, who has fled from justice and is found in this State,
34 and (f) conduct such other investigations as may be provided
-25- LRB9105196MWprA
1 by law. Persons exercising these powers within the Department
2 are conservators of the peace and as such have all the powers
3 possessed by policemen in cities and sheriffs, except that
4 they may exercise such powers anywhere in the State in
5 cooperation with and after contact with the local law
6 enforcement officials. Such persons may use false or
7 fictitious names in the performance of their duties under
8 this paragraph, upon approval of the Director, and shall not
9 be subject to prosecution under the criminal laws for such
10 use.
11 5. To: (a) be a central repository and custodian of
12 criminal statistics for the State, (b) be a central
13 repository for criminal history record information, (c)
14 procure and file for record such information as is necessary
15 and helpful to plan programs of crime prevention, law
16 enforcement and criminal justice, (d) procure and file for
17 record such copies of fingerprints, as may be required by
18 law, (e) establish general and field crime laboratories, (f)
19 register and file for record such information as may be
20 required by law for the issuance of firearm owner's
21 identification cards, (g) employ polygraph operators,
22 laboratory technicians and other specially qualified persons
23 to aid in the identification of criminal activity, and (h)
24 undertake such other identification, information, laboratory,
25 statistical or registration activities as may be required by
26 law.
27 6. To (a) acquire and operate one or more radio
28 broadcasting stations in the State to be used for police
29 purposes, (b) operate a statewide communications network to
30 gather and disseminate information for law enforcement
31 agencies, (c) operate an electronic data processing and
32 computer center for the storage and retrieval of data
33 pertaining to criminal activity, and (d) undertake such other
34 communication activities as may be required by law.
-26- LRB9105196MWprA
1 7. To provide, as may be required by law, assistance to
2 local law enforcement agencies through (a) training,
3 management and consultant services for local law enforcement
4 agencies, and (b) the pursuit of research and the publication
5 of studies pertaining to local law enforcement activities.
6 8. To exercise the rights, powers and duties which have
7 been vested in the Department of State Police and the
8 Director of the Department of State Police by the Narcotic
9 Control Division Abolition Act.
10 9. To exercise the rights, powers and duties which have
11 been vested in the Department of Public Safety by the
12 Illinois Vehicle Code.
13 10. To exercise the rights, powers and duties which have
14 been vested in the Department of Public Safety by the Firearm
15 Owners Identification Card Act.
16 11. To enforce and administer such other laws in
17 relation to law enforcement as may be vested in the
18 Department.
19 12. To transfer jurisdiction of any realty title to
20 which is held by the State of Illinois under the control of
21 the Department to any other department of the State
22 government or to the State Employees Housing Commission, or
23 to acquire or accept Federal land, when such transfer,
24 acquisition or acceptance is advantageous to the State and is
25 approved in writing by the Governor.
26 13. With the written approval of the Governor, to enter
27 into agreements with other departments created by this Act,
28 for the furlough of inmates of the penitentiary to such other
29 departments for their use in research programs being
30 conducted by them.
31 For the purpose of participating in such research
32 projects, the Department may extend the limits of any
33 inmate's place of confinement, when there is reasonable cause
34 to believe that the inmate will honor his or her trust by
-27- LRB9105196MWprA
1 authorizing the inmate, under prescribed conditions, to leave
2 the confines of the place unaccompanied by a custodial agent
3 of the Department. The Department shall make rules governing
4 the transfer of the inmate to the requesting other department
5 having the approved research project, and the return of such
6 inmate to the unextended confines of the penitentiary. Such
7 transfer shall be made only with the consent of the inmate.
8 The willful failure of a prisoner to remain within the
9 extended limits of his or her confinement or to return within
10 the time or manner prescribed to the place of confinement
11 designated by the Department in granting such extension shall
12 be deemed an escape from custody of the Department and
13 punishable as provided in Section 3-6-4 of the Unified Code
14 of Corrections.
15 14. To provide investigative services, with all of the
16 powers possessed by policemen in cities and sheriffs, in and
17 around all race tracks subject to the Horse Racing Act of
18 1975.
19 15. To expend such sums as the Director deems necessary
20 from Contractual Services appropriations for the Division of
21 Criminal Investigation for the purchase of evidence and for
22 the employment of persons to obtain evidence. Such sums shall
23 be advanced to agents authorized by the Director to expend
24 funds, on vouchers signed by the Director.
25 16. To assist victims and witnesses in gang crime
26 prosecutions through the administration of funds appropriated
27 from the Gang Violence Victims and Witnesses Fund to the
28 Department. Such funds shall be appropriated to the
29 Department and shall only be used to assist victims and
30 witnesses in gang crime prosecutions and such assistance may
31 include any of the following:
32 (a) temporary living costs;
33 (b) moving expenses;
34 (c) closing costs on the sale of private residence;
-28- LRB9105196MWprA
1 (d) first month's rent;
2 (e) security deposits;
3 (f) apartment location assistance;
4 (g) other expenses which the Department considers
5 appropriate; and
6 (h) compensation for any loss of or injury to real
7 or personal property resulting from a gang crime to a
8 maximum of $5,000, subject to the following provisions:
9 (1) in the case of loss of property, the
10 amount of compensation shall be measured by the
11 replacement cost of similar or like property which
12 has been incurred by and which is substantiated by
13 the property owner,
14 (2) in the case of injury to property, the
15 amount of compensation shall be measured by the cost
16 of repair incurred and which can be substantiated by
17 the property owner,
18 (3) compensation under this provision is a
19 secondary source of compensation and shall be
20 reduced by any amount the property owner receives
21 from any other source as compensation for the loss
22 or injury, including, but not limited to, personal
23 insurance coverage,
24 (4) no compensation may be awarded if the
25 property owner was an offender or an accomplice of
26 the offender, or if the award would unjustly benefit
27 the offender or offenders, or an accomplice of the
28 offender or offenders.
29 No victim or witness may receive such assistance if he or
30 she is not a part of or fails to fully cooperate in the
31 prosecution of gang crime members by law enforcement
32 authorities.
33 The Department shall promulgate any rules necessary for
34 the implementation of this amendatory Act of 1985.
-29- LRB9105196MWprA
1 17. To conduct arson investigations.
2 18. To develop a separate statewide statistical police
3 contact record keeping system for the study of juvenile
4 delinquency. The records of this police contact system shall
5 be limited to statistical information. No individually
6 identifiable information shall be maintained in the police
7 contact statistical record system.
8 19. To develop a separate statewide central adjudicatory
9 and dispositional records system for persons under 19 years
10 of age who have been adjudicated delinquent minors and to
11 make information available to local registered participating
12 police youth officers so that police youth officers will be
13 able to obtain rapid access to the juvenile's background from
14 other jurisdictions to the end that the police youth officers
15 can make appropriate dispositions which will best serve the
16 interest of the child and the community. Information
17 maintained in the adjudicatory and dispositional record
18 system shall be limited to the incidents or offenses for
19 which the minor was adjudicated delinquent by a court, and a
20 copy of the court's dispositional order. All individually
21 identifiable records in the adjudicatory and dispositional
22 records system shall be destroyed when the person reaches 19
23 years of age.
24 20. To develop rules which guarantee the confidentiality
25 of such individually identifiable adjudicatory and
26 dispositional records except when used for the following:
27 (a) by authorized juvenile court personnel or the
28 State's Attorney in connection with proceedings under the
29 Juvenile Court Act of 1987; or
30 (b) inquiries from registered police youth
31 officers.
32 For the purposes of this Act "police youth officer" means
33 a member of a duly organized State, county or municipal
34 police force who is assigned by his or her Superintendent,
-30- LRB9105196MWprA
1 Sheriff or chief of police, as the case may be, to specialize
2 in youth problems.
3 21. To develop administrative rules and administrative
4 hearing procedures which allow a minor, his or her attorney,
5 and his or her parents or guardian access to individually
6 identifiable adjudicatory and dispositional records for the
7 purpose of determining or challenging the accuracy of the
8 records. Final administrative decisions shall be subject to
9 the provisions of the Administrative Review Law.
10 22. To charge, collect, and receive fees or moneys
11 equivalent to the cost of providing Department of State
12 Police personnel, equipment, and services to local
13 governmental agencies when explicitly requested by a local
14 governmental agency and pursuant to an intergovernmental
15 agreement as provided by this Section, other State agencies,
16 and federal agencies, including but not limited to fees or
17 moneys equivalent to the cost of providing dispatching
18 services, radio and radar repair, and training to local
19 governmental agencies on such terms and conditions as in the
20 judgment of the Director are in the best interest of the
21 State; and to establish, charge, collect and receive fees or
22 moneys based on the cost of providing responses to requests
23 for criminal history record information pursuant to positive
24 identification and any Illinois or federal law authorizing
25 access to some aspect of such information and to prescribe
26 the form and manner for requesting and furnishing such
27 information to the requestor on such terms and conditions as
28 in the judgment of the Director are in the best interest of
29 the State, provided fees for requesting and furnishing
30 criminal history record information may be waived for
31 requests in the due administration of the criminal laws. The
32 Department may also charge, collect and receive fees or
33 moneys equivalent to the cost of providing electronic data
34 processing lines or related telecommunication services to
-31- LRB9105196MWprA
1 local governments, but only when such services can be
2 provided by the Department at a cost less than that
3 experienced by said local governments through other means.
4 All services provided by the Department shall be conducted
5 pursuant to contracts in accordance with the
6 Intergovernmental Cooperation Act, and all telecommunication
7 services shall be provided pursuant to the provisions of
8 Section 67.18 of this Code.
9 All fees received by the Department of State Police under
10 this Act or the Illinois Uniform Conviction Information Act
11 shall be deposited in a special fund in the State Treasury to
12 be known as the State Police Services Fund. The money
13 deposited in the State Police Services Fund shall be
14 appropriated to the Department of State Police for expenses
15 of the Department of State Police.
16 Upon the completion of any audit of the Department of
17 State Police as prescribed by the Illinois State Auditing
18 Act, which audit includes an audit of the State Police
19 Services Fund, the Department of State Police shall make the
20 audit open to inspection by any interested person.
21 23. To exercise the powers and perform the duties which
22 have been vested in the Department of State Police by the
23 Intergovernmental Missing Child Recovery Act of 1984, and to
24 establish reasonable rules and regulations necessitated
25 thereby.
26 24. (a) To establish and maintain a statewide Law
27 Enforcement Agencies Data System (LEADS) for the purpose of
28 providing electronic access by authorized entities to
29 criminal justice data repositories and effecting an immediate
30 law enforcement response to reports of missing persons,
31 including lost, missing or runaway minors. The Department
32 shall implement an automatic data exchange system to compile,
33 to maintain and to make available to other law enforcement
34 agencies for immediate dissemination data which can assist
-32- LRB9105196MWprA
1 appropriate agencies in recovering missing persons and
2 provide access by authorized entities to various data
3 repositories available through LEADS for criminal justice and
4 related purposes. To assist the Department in this effort,
5 funds may be appropriated from the LEADS Maintenance Fund.
6 (b) In exercising its duties under this subsection, the
7 Department shall:
8 (1) provide a uniform reporting format for the
9 entry of pertinent information regarding the report of a
10 missing person into LEADS;
11 (2) develop and implement a policy whereby a
12 statewide or regional alert would be used in situations
13 relating to the disappearances of individuals, based on
14 criteria and in a format established by the Department.
15 Such a format shall include, but not be limited to, the
16 age of the missing person and the suspected circumstance
17 of the disappearance;
18 (3) notify all law enforcement agencies that
19 reports of missing persons shall be entered as soon as
20 the minimum level of data specified by the Department is
21 available to the reporting agency, and that no waiting
22 period for the entry of such data exists;
23 (4) compile and retain information regarding lost,
24 abducted, missing or runaway minors in a separate data
25 file, in a manner that allows such information to be used
26 by law enforcement and other agencies deemed appropriate
27 by the Director, for investigative purposes. Such
28 information shall include the disposition of all reported
29 lost, abducted, missing or runaway minor cases;
30 (5) compile and maintain an historic data
31 repository relating to lost, abducted, missing or runaway
32 minors and other missing persons in order to develop and
33 improve techniques utilized by law enforcement agencies
34 when responding to reports of missing persons; and
-33- LRB9105196MWprA
1 (6) create a quality control program regarding
2 confirmation of missing person data, timeliness of
3 entries of missing person reports into LEADS and
4 performance audits of all entering agencies.
5 25. On request of a school board or regional
6 superintendent of schools, to conduct an inquiry pursuant to
7 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
8 an applicant for employment in a school district has been
9 convicted of any criminal or drug offenses enumerated in
10 Section 10-21.9 or 34-18.5 of the School Code. The
11 Department shall furnish such conviction information to the
12 President of the school board of the school district which
13 has requested the information, or if the information was
14 requested by the regional superintendent to that regional
15 superintendent.
16 26. To promulgate rules and regulations necessary for
17 the administration and enforcement of its powers and duties,
18 wherever granted and imposed, pursuant to the Illinois
19 Administrative Procedure Act.
20 27. To (a) promulgate rules pertaining to the
21 certification, revocation of certification and training of
22 law enforcement officers as electronic criminal surveillance
23 officers, (b) provide training and technical assistance to
24 State's Attorneys and local law enforcement agencies
25 pertaining to the interception of private oral
26 communications, (c) promulgate rules necessary for the
27 administration of Article 108B of the Code of Criminal
28 Procedure of 1963, including but not limited to standards for
29 recording and minimization of electronic criminal
30 surveillance intercepts, documentation required to be
31 maintained during an intercept, procedures in relation to
32 evidence developed by an intercept, and (d) charge a
33 reasonable fee to each law enforcement agency that sends
34 officers to receive training as electronic criminal
-34- LRB9105196MWprA
1 surveillance officers.
2 28. Upon the request of any private organization which
3 devotes a major portion of its time to the provision of
4 recreational, social, educational or child safety services to
5 children, to conduct, pursuant to positive identification,
6 criminal background investigations of all of that
7 organization's current employees, current volunteers,
8 prospective employees or prospective volunteers charged with
9 the care and custody of children during the provision of the
10 organization's services, and to report to the requesting
11 organization any record of convictions maintained in the
12 Department's files about such persons. The Department shall
13 charge an application fee, based on actual costs, for the
14 dissemination of conviction information pursuant to this
15 subsection. The Department is empowered to establish this
16 fee and shall prescribe the form and manner for requesting
17 and furnishing conviction information pursuant to this
18 subsection. Information received by the organization from the
19 Department concerning an individual shall be provided to such
20 individual. Any such information obtained by the
21 organization shall be confidential and may not be transmitted
22 outside the organization and may not be transmitted to anyone
23 within the organization except as needed for the purpose of
24 evaluating the individual. Only information and standards
25 which bear a reasonable and rational relation to the
26 performance of child care shall be used by the organization.
27 Any employee of the Department or any member, employee or
28 volunteer of the organization receiving confidential
29 information under this subsection who gives or causes to be
30 given any confidential information concerning any criminal
31 convictions of an individual shall be guilty of a Class A
32 misdemeanor unless release of such information is authorized
33 by this subsection.
34 29. Upon the request of the Department of Children and
-35- LRB9105196MWprA
1 Family Services, to investigate reports of child abuse or
2 neglect.
3 30. To obtain registration of a fictitious vital record
4 pursuant to Section 15.1 of the Vital Records Act.
5 31. To collect and disseminate information relating to
6 "hate crimes" as defined under Section 12-7.1 of the Criminal
7 Code of 1961 contingent upon the availability of State or
8 Federal funds to revise and upgrade the Illinois Uniform
9 Crime Reporting System. All law enforcement agencies shall
10 report monthly to the Department of State Police concerning
11 such offenses in such form and in such manner as may be
12 prescribed by rules and regulations adopted by the Department
13 of State Police. Such information shall be compiled by the
14 Department and be disseminated upon request to any local law
15 enforcement agency, unit of local government, or state
16 agency. Dissemination of such information shall be subject
17 to all confidentiality requirements otherwise imposed by law.
18 The Department of State Police shall provide training for
19 State Police officers in identifying, responding to, and
20 reporting all hate crimes. The Illinois Local Governmental
21 Law Enforcement Officer's Training Standards Board shall
22 develop and certify a course of such training to be made
23 available to local law enforcement officers.
24 32. Upon the request of a private carrier company that
25 provides transportation under Section 28b of the Metropolitan
26 Transit Authority Act, to ascertain if an applicant for a
27 driver position has been convicted of any criminal or drug
28 offense enumerated in Section 28b of the Metropolitan Transit
29 Authority Act. The Department shall furnish the conviction
30 information to the private carrier company that requested the
31 information.
32 33. To apply for grants or contracts, receive, expend,
33 allocate, or disburse funds and moneys made available by
34 public or private entities, including, but not limited to,
-36- LRB9105196MWprA
1 contracts, bequests, grants, or receiving equipment from
2 corporations, foundations, or public or private institutions
3 of higher learning. All funds received by the Department
4 from these sources shall be deposited into the appropriate
5 fund in the State Treasury to be appropriated to the
6 Department for purposes as indicated by the grantor or
7 contractor or, in the case of funds or moneys bequeathed or
8 granted for no specific purpose, for any purpose as deemed
9 appropriate by the Director in administering the
10 responsibilities of the Department.
11 34. Upon the request of the Department of Children and
12 Family Services, the Department of State Police shall provide
13 properly designated employees of the Department of Children
14 and Family Services with criminal history record information
15 as defined in the Illinois Uniform Conviction Information Act
16 and information maintained in the adjudicatory and
17 dispositional record system as defined in subdivision (A)19
18 of this Section if the Department of Children and Family
19 Services determines the information is necessary to perform
20 its duties under the Abused and Neglected Child Reporting
21 Act, the Child Care Act of 1969, and the Children and Family
22 Services Act. The request shall be in the form and manner
23 specified by the Department of State Police.
24 35. The Illinois Department of Public Aid is an
25 authorized entity under this Section for the purpose of
26 obtaining access to various data repositories available
27 through LEADS, to facilitate the location of individuals for
28 establishing paternity, and establishing, modifying, and
29 enforcing child support obligations, pursuant to the Illinois
30 Public Aid Code and Title IV, Part D of the Social Security
31 Act. The Department shall enter into an agreement with the
32 Illinois Department of Public Aid consistent with these
33 purposes.
34 36. Upon request of the Department of Human Services, to
-37- LRB9105196MWprA
1 conduct an assessment and evaluation of sexually violent
2 persons as mandated by the Sexually Violent Persons
3 Commitment Act, the Department shall furnish criminal history
4 information maintained on the requested person. The request
5 shall be in the form and manner specified by the Department.
6 37. To exercise the powers and perform the duties
7 specifically assigned to the Department under the Wireless
8 Emergency Telephone Safety Act with respect to the
9 development and improvement of emergency communications
10 procedures and facilities in such a manner as to facilitate a
11 quick response to any person calling the number "9-1-1"
12 seeking police, fire, medical, or other emergency services
13 through a wireless carrier as defined in Section 10 of the
14 Wireless Emergency Telephone Safety Act. Nothing in the
15 Wireless Emergency Telephone Safety Act shall require the
16 Illinois State Police to provide wireless enhanced 9-1-1
17 services.
18 (B) The Department of State Police may establish and
19 maintain, within the Department of State Police, a Statewide
20 Organized Criminal Gang Database (SWORD) for the purpose of
21 tracking organized criminal gangs and their memberships.
22 Information in the database may include, but not be limited
23 to, the name, last known address, birth date, physical
24 descriptions (such as scars, marks, or tattoos), officer
25 safety information, organized gang affiliation, and entering
26 agency identifier. The Department may develop, in
27 consultation with the Criminal Justice Information Authority,
28 and in a form and manner prescribed by the Department, an
29 automated data exchange system to compile, to maintain, and
30 to make this information electronically available to
31 prosecutors and to other law enforcement agencies. The
32 information may be used by authorized agencies to combat the
33 operations of organized criminal gangs statewide.
34 (C) The Department of State Police may ascertain the
-38- LRB9105196MWprA
1 number of bilingual police officers and other personnel
2 needed to provide services in a language other than English
3 and may establish, under applicable personnel rules and
4 Department guidelines or through a collective bargaining
5 agreement, a bilingual pay supplement program.
6 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
7 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-655, eff.
8 7-30-98; 90-793, eff. 8-14-98; revised 10-6-98.)
9 (Text of Section after amendment by P.A. 90-590)
10 Sec. 55a. Powers and duties.
11 (A) The Department of State Police shall have the
12 following powers and duties, and those set forth in Sections
13 55a-1 through 55c:
14 1. To exercise the rights, powers and duties which have
15 been vested in the Department of Public Safety by the State
16 Police Act.
17 2. To exercise the rights, powers and duties which have
18 been vested in the Department of Public Safety by the State
19 Police Radio Act.
20 3. To exercise the rights, powers and duties which have
21 been vested in the Department of Public Safety by the
22 Criminal Identification Act.
23 4. To (a) investigate the origins, activities, personnel
24 and incidents of crime and the ways and means to redress the
25 victims of crimes, and study the impact, if any, of
26 legislation relative to the effusion of crime and growing
27 crime rates, and enforce the criminal laws of this State
28 related thereto, (b) enforce all laws regulating the
29 production, sale, prescribing, manufacturing, administering,
30 transporting, having in possession, dispensing, delivering,
31 distributing, or use of controlled substances and cannabis,
32 (c) employ skilled experts, scientists, technicians,
33 investigators or otherwise specially qualified persons to aid
34 in preventing or detecting crime, apprehending criminals, or
-39- LRB9105196MWprA
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
-40- LRB9105196MWprA
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.
-41- LRB9105196MWprA
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
-42- LRB9105196MWprA
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
-43- LRB9105196MWprA
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 juvenile
18 records system for persons arrested prior to the age of 17
19 under Section 5-401 of the Juvenile Court Act of 1987 or
20 adjudicated delinquent minors and to make information
21 available to local law enforcement officers so that law
22 enforcement officers will be able to obtain rapid access to
23 the background of the minor from other jurisdictions to the
24 end that the juvenile police officers can make appropriate
25 decisions which will best serve the interest of the child and
26 the community. The Department shall submit a quarterly
27 report to the General Assembly and Governor which shall
28 contain the number of juvenile records that the Department
29 has received in that quarter and, a list, by category, of
30 offenses that minors were arrested for or convicted of by
31 age, race and gender.
32 20. To develop rules which guarantee the confidentiality
33 of such individually identifiable juvenile records except to
34 juvenile authorities who request information concerning the
-44- LRB9105196MWprA
1 minor and who certify in writing that the information will
2 not be disclosed to any other party except as provided under
3 law or order of court. For purposes of this Section,
4 "juvenile authorities" means: (i) a judge of the circuit
5 court and members of the staff of the court designated by the
6 judge; (ii) parties to the proceedings under the Juvenile
7 Court Act of 1987 and their attorneys; (iii) probation
8 officers and court appointed advocates for the juvenile
9 authorized by the judge hearing the case; (iv) any individual
10 or, public or of private agency having custody of the child
11 pursuant to court order; (v) any individual or, public or
12 private agency providing education, medical or mental health
13 service to the child when the requested information is needed
14 to determine the appropriate service or treatment for the
15 minor; (vi) any potential placement provider when such
16 release is authorized by the court for the limited purpose of
17 determining the appropriateness of the potential placement;
18 (vii) law enforcement officers and prosecutors; (viii) adult
19 and juvenile prisoner review boards; (ix) authorized military
20 personnel; (x) individuals authorized by court; (xi) the
21 Illinois General Assembly or any committee or commission
22 thereof.
23 21. To develop administrative rules and administrative
24 hearing procedures which allow a minor, his or her attorney,
25 and his or her parents or guardian access to individually
26 identifiable juvenile records for the purpose of determining
27 or challenging the accuracy of the records. Final
28 administrative decisions shall be subject to the provisions
29 of the Administrative Review Law.
30 22. To charge, collect, and receive fees or moneys
31 equivalent to the cost of providing Department of State
32 Police personnel, equipment, and services to local
33 governmental agencies when explicitly requested by a local
34 governmental agency and pursuant to an intergovernmental
-45- LRB9105196MWprA
1 agreement as provided by this Section, other State agencies,
2 and federal agencies, including but not limited to fees or
3 moneys equivalent to the cost of providing dispatching
4 services, radio and radar repair, and training to local
5 governmental agencies on such terms and conditions as in the
6 judgment of the Director are in the best interest of the
7 State; and to establish, charge, collect and receive fees or
8 moneys based on the cost of providing responses to requests
9 for criminal history record information pursuant to positive
10 identification and any Illinois or federal law authorizing
11 access to some aspect of such information and to prescribe
12 the form and manner for requesting and furnishing such
13 information to the requestor on such terms and conditions as
14 in the judgment of the Director are in the best interest of
15 the State, provided fees for requesting and furnishing
16 criminal history record information may be waived for
17 requests in the due administration of the criminal laws. The
18 Department may also charge, collect and receive fees or
19 moneys equivalent to the cost of providing electronic data
20 processing lines or related telecommunication services to
21 local governments, but only when such services can be
22 provided by the Department at a cost less than that
23 experienced by said local governments through other means.
24 All services provided by the Department shall be conducted
25 pursuant to contracts in accordance with the
26 Intergovernmental Cooperation Act, and all telecommunication
27 services shall be provided pursuant to the provisions of
28 Section 67.18 of this Code.
29 All fees received by the Department of State Police under
30 this Act or the Illinois Uniform Conviction Information Act
31 shall be deposited in a special fund in the State Treasury to
32 be known as the State Police Services Fund. The money
33 deposited in the State Police Services Fund shall be
34 appropriated to the Department of State Police for expenses
-46- LRB9105196MWprA
1 of the Department of State Police.
2 Upon the completion of any audit of the Department of
3 State Police as prescribed by the Illinois State Auditing
4 Act, which audit includes an audit of the State Police
5 Services Fund, the Department of State Police shall make the
6 audit open to inspection by any interested person.
7 23. To exercise the powers and perform the duties which
8 have been vested in the Department of State Police by the
9 Intergovernmental Missing Child Recovery Act of 1984, and to
10 establish reasonable rules and regulations necessitated
11 thereby.
12 24. (a) To establish and maintain a statewide Law
13 Enforcement Agencies Data System (LEADS) for the purpose of
14 providing electronic access by authorized entities to
15 criminal justice data repositories and effecting an immediate
16 law enforcement response to reports of missing persons,
17 including lost, missing or runaway minors. The Department
18 shall implement an automatic data exchange system to compile,
19 to maintain and to make available to other law enforcement
20 agencies for immediate dissemination data which can assist
21 appropriate agencies in recovering missing persons and
22 provide access by authorized entities to various data
23 repositories available through LEADS for criminal justice and
24 related purposes. To assist the Department in this effort,
25 funds may be appropriated from the LEADS Maintenance Fund.
26 (b) In exercising its duties under this subsection, the
27 Department shall:
28 (1) provide a uniform reporting format for the
29 entry of pertinent information regarding the report of a
30 missing person into LEADS;
31 (2) develop and implement a policy whereby a
32 statewide or regional alert would be used in situations
33 relating to the disappearances of individuals, based on
34 criteria and in a format established by the Department.
-47- LRB9105196MWprA
1 Such a format shall include, but not be limited to, the
2 age of the missing person and the suspected circumstance
3 of the disappearance;
4 (3) notify all law enforcement agencies that
5 reports of missing persons shall be entered as soon as
6 the minimum level of data specified by the Department is
7 available to the reporting agency, and that no waiting
8 period for the entry of such data exists;
9 (4) compile and retain information regarding lost,
10 abducted, missing or runaway minors in a separate data
11 file, in a manner that allows such information to be used
12 by law enforcement and other agencies deemed appropriate
13 by the Director, for investigative purposes. Such
14 information shall include the disposition of all reported
15 lost, abducted, missing or runaway minor cases;
16 (5) compile and maintain an historic data
17 repository relating to lost, abducted, missing or runaway
18 minors and other missing persons in order to develop and
19 improve techniques utilized by law enforcement agencies
20 when responding to reports of missing persons; and
21 (6) create a quality control program regarding
22 confirmation of missing person data, timeliness of
23 entries of missing person reports into LEADS and
24 performance audits of all entering agencies.
25 25. On request of a school board or regional
26 superintendent of schools, to conduct an inquiry pursuant to
27 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
28 an applicant for employment in a school district has been
29 convicted of any criminal or drug offenses enumerated in
30 Section 10-21.9 or 34-18.5 of the School Code. The
31 Department shall furnish such conviction information to the
32 President of the school board of the school district which
33 has requested the information, or if the information was
34 requested by the regional superintendent to that regional
-48- LRB9105196MWprA
1 superintendent.
2 26. To promulgate rules and regulations necessary for
3 the administration and enforcement of its powers and duties,
4 wherever granted and imposed, pursuant to the Illinois
5 Administrative Procedure Act.
6 27. To (a) promulgate rules pertaining to the
7 certification, revocation of certification and training of
8 law enforcement officers as electronic criminal surveillance
9 officers, (b) provide training and technical assistance to
10 State's Attorneys and local law enforcement agencies
11 pertaining to the interception of private oral
12 communications, (c) promulgate rules necessary for the
13 administration of Article 108B of the Code of Criminal
14 Procedure of 1963, including but not limited to standards for
15 recording and minimization of electronic criminal
16 surveillance intercepts, documentation required to be
17 maintained during an intercept, procedures in relation to
18 evidence developed by an intercept, and (d) charge a
19 reasonable fee to each law enforcement agency that sends
20 officers to receive training as electronic criminal
21 surveillance officers.
22 28. Upon the request of any private organization which
23 devotes a major portion of its time to the provision of
24 recreational, social, educational or child safety services to
25 children, to conduct, pursuant to positive identification,
26 criminal background investigations of all of that
27 organization's current employees, current volunteers,
28 prospective employees or prospective volunteers charged with
29 the care and custody of children during the provision of the
30 organization's services, and to report to the requesting
31 organization any record of convictions maintained in the
32 Department's files about such persons. The Department shall
33 charge an application fee, based on actual costs, for the
34 dissemination of conviction information pursuant to this
-49- LRB9105196MWprA
1 subsection. The Department is empowered to establish this
2 fee and shall prescribe the form and manner for requesting
3 and furnishing conviction information pursuant to this
4 subsection. Information received by the organization from the
5 Department concerning an individual shall be provided to such
6 individual. Any such information obtained by the
7 organization shall be confidential and may not be transmitted
8 outside the organization and may not be transmitted to anyone
9 within the organization except as needed for the purpose of
10 evaluating the individual. Only information and standards
11 which bear a reasonable and rational relation to the
12 performance of child care shall be used by the organization.
13 Any employee of the Department or any member, employee or
14 volunteer of the organization receiving confidential
15 information under this subsection who gives or causes to be
16 given any confidential information concerning any criminal
17 convictions of an individual shall be guilty of a Class A
18 misdemeanor unless release of such information is authorized
19 by this subsection.
20 29. Upon the request of the Department of Children and
21 Family Services, to investigate reports of child abuse or
22 neglect.
23 30. To obtain registration of a fictitious vital record
24 pursuant to Section 15.1 of the Vital Records Act.
25 31. To collect and disseminate information relating to
26 "hate crimes" as defined under Section 12-7.1 of the Criminal
27 Code of 1961 contingent upon the availability of State or
28 Federal funds to revise and upgrade the Illinois Uniform
29 Crime Reporting System. All law enforcement agencies shall
30 report monthly to the Department of State Police concerning
31 such offenses in such form and in such manner as may be
32 prescribed by rules and regulations adopted by the Department
33 of State Police. Such information shall be compiled by the
34 Department and be disseminated upon request to any local law
-50- LRB9105196MWprA
1 enforcement agency, unit of local government, or state
2 agency. Dissemination of such information shall be subject
3 to all confidentiality requirements otherwise imposed by law.
4 The Department of State Police shall provide training for
5 State Police officers in identifying, responding to, and
6 reporting all hate crimes. The Illinois Law Enforcement
7 Training Standards Board shall develop and certify a course
8 of such training to be made available to local law
9 enforcement officers.
10 32. Upon the request of a private carrier company that
11 provides transportation under Section 28b of the Metropolitan
12 Transit Authority Act, to ascertain if an applicant for a
13 driver position has been convicted of any criminal or drug
14 offense enumerated in Section 28b of the Metropolitan Transit
15 Authority Act. The Department shall furnish the conviction
16 information to the private carrier company that requested the
17 information.
18 33. To apply for grants or contracts, receive, expend,
19 allocate, or disburse funds and moneys made available by
20 public or private entities, including, but not limited to,
21 contracts, bequests, grants, or receiving equipment from
22 corporations, foundations, or public or private institutions
23 of higher learning. All funds received by the Department
24 from these sources shall be deposited into the appropriate
25 fund in the State Treasury to be appropriated to the
26 Department for purposes as indicated by the grantor or
27 contractor or, in the case of funds or moneys bequeathed or
28 granted for no specific purpose, for any purpose as deemed
29 appropriate by the Director in administering the
30 responsibilities of the Department.
31 34. Upon the request of the Department of Children and
32 Family Services, the Department of State Police shall provide
33 properly designated employees of the Department of Children
34 and Family Services with criminal history record information
-51- LRB9105196MWprA
1 as defined in the Illinois Uniform Conviction Information Act
2 and information maintained in the Statewide Central Juvenile
3 record system as defined in subdivision (A)19 of this Section
4 if the Department of Children and Family Services determines
5 the information is necessary to perform its duties under the
6 Abused and Neglected Child Reporting Act, the Child Care Act
7 of 1969, and the Children and Family Services Act. The
8 request shall be in the form and manner specified by the
9 Department of State Police.
10 35. The Illinois Department of Public Aid is an
11 authorized entity under this Section for the purpose of
12 exchanging information, in the form and manner required by
13 the Department of State Police, obtaining access to various
14 data repositories available through LEADS, to facilitate the
15 location of individuals for establishing paternity, and
16 establishing, modifying, and enforcing child support
17 obligations, pursuant to the Illinois Public Aid Code and
18 Title IV, Part Section D of the Social Security Act. The
19 Department shall enter into an agreement with the Illinois
20 Department of Public Aid consistent with these purposes.
21 36. Upon request of the Department of Human Services, to
22 conduct an assessment and evaluation of sexually violent
23 persons as mandated by the Sexually Violent Persons
24 Commitment Act, the Department shall furnish criminal history
25 information maintained on the requested person. The request
26 shall be in the form and manner specified by the Department.
27 37. To exercise the powers and perform the duties
28 specifically assigned to the Department under the Wireless
29 Emergency Telephone Safety Act with respect to the
30 development and improvement of emergency communications
31 procedures and facilities in such a manner as to facilitate a
32 quick response to any person calling the number "9-1-1"
33 seeking police, fire, medical, or other emergency services
34 through a wireless carrier as defined in Section 10 of the
-52- LRB9105196MWprA
1 Wireless Emergency Telephone Safety Act. Nothing in the
2 Wireless Emergency Telephone Safety Act shall require the
3 Illinois State Police to provide wireless enhanced 9-1-1
4 services.
5 (B) The Department of State Police may establish and
6 maintain, within the Department of State Police, a Statewide
7 Organized Criminal Gang Database (SWORD) for the purpose of
8 tracking organized criminal gangs and their memberships.
9 Information in the database may include, but not be limited
10 to, the name, last known address, birth date, physical
11 descriptions (such as scars, marks, or tattoos), officer
12 safety information, organized gang affiliation, and entering
13 agency identifier. The Department may develop, in
14 consultation with the Criminal Justice Information Authority,
15 and in a form and manner prescribed by the Department, an
16 automated data exchange system to compile, to maintain, and
17 to make this information electronically available to
18 prosecutors and to other law enforcement agencies. The
19 information may be used by authorized agencies to combat the
20 operations of organized criminal gangs statewide.
21 (C) The Department of State Police may ascertain the
22 number of bilingual police officers and other personnel
23 needed to provide services in a language other than English
24 and may establish, under applicable personnel rules and
25 Department guidelines or through a collective bargaining
26 agreement, a bilingual pay supplement program.
27 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
28 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
29 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
30 1-21-99.)
31 Section 810. The State Finance Act is amended by adding
32 Sections 5.490, 5.491, and 8.36 as follows:
-53- LRB9105196MWprA
1 (30 ILCS 105/5.490 new)
2 Sec. 5.490. State Wireless Service Emergency Fund.
3 (30 ILCS 105/5.491 new)
4 Sec. 5.491. Wireless Enhanced 9-1-1 Emergency System
5 Trust Fund.
6 (30 ILCS 105/8.36 new)
7 Sec. 8.36. State Wireless Service Emergency Fund.
8 (a) Appropriations from the State Wireless Service
9 Emergency Fund shall be made only to the Department of State
10 Police for use in accordance with paragraph (8) of subsection
11 (d) of Section 15 of the Wireless Emergency Telephone Safety
12 Act.
13 (b) On July 1, 1999, the State Comptroller and State
14 Treasurer shall transfer $1,300,000 from the General Revenue
15 Fund to the Wireless Service Emergency Fund. On June 30,
16 2003 the State Comptroller and State Treasurer shall transfer
17 $1,300,000 from the Wireless Service Emergency Fund to the
18 General Revenue Fund.
19 Section 995. No acceleration or delay. Where this Act
20 makes changes in a statute that is represented in this Act by
21 text that is not yet or no longer in effect (for example, a
22 Section represented by multiple versions), the use of that
23 text does not accelerate or delay the taking effect of (i)
24 the changes made by this Act or (ii) provisions derived from
25 any other Public Act.
26 Section 999. Effective date. This Act takes effect upon
27 becoming law.
-54- LRB9105196MWprA
1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 140/7 from Ch. 116, par. 207
4 20 ILCS 2605/55a from Ch. 127, par. 55a
5 30 ILCS 105/5.490 new
6 30 ILCS 105/5.491 new
7 30 ILCS 105/8.36 new