Public Act 100-0631
 
HB4212 EnrolledLRB100 15699 SLF 30801 b


  
    AN ACT concerning local government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Missing Persons Identification Act is 
amended  by changing Section 10 as follows:
 
    (50 ILCS 722/10)

    Sec. 10. Law enforcement analysis and reporting of missing 
person information. 
    (a) Prompt determination of high-risk missing person.
        (1) Definition. "High-risk missing person" means a 
    person whose whereabouts are not currently known and whose 
    circumstances indicate that the person may be at risk of 
    injury or death. The circumstances that indicate that a 
    person is a high-risk missing person include, but are not 
    limited to, any of the following: 
            (A) the person is missing as a result of a stranger 
        abduction; 
            (B) the person is missing under suspicious 
        circumstances;
            (C) the person is missing under unknown 
        circumstances; 
            (D) the person is missing under known dangerous 
        circumstances; 
            (E) the person is missing more than 30 days; 
            (F) the person has already been designated as a 
        high-risk missing person by another law enforcement 
        agency; 
            (G) there is evidence that the person is at risk 
        because: 
                (i) the person is in need of medical attention, 
            including but not limited to persons with 
            dementia-like symptoms, or prescription 
            medication; 
                (ii) the person does not have a pattern of 
            running away or disappearing; 
                (iii) the person may have been abducted by a 
            non-custodial parent; 
                (iv) the person is mentally impaired; 
                (v) the person is under the age of 21; 
                (vi) the person has been the subject of past 
            threats or acts of violence; 
                (vii) the person has eloped from a nursing 
            home; or
            (G-5) the person is a veteran or active duty member 
        of the United States Armed Forces, the National Guard, 
        or any reserve component of the United States Armed 
        Forces who is believed to have a physical or mental 
        health condition that is related to his or her service; 
        or 
            (H) any other factor that may, in the judgment of 
        the law enforcement official, indicate that the 
        missing person may be at risk.
        (2) Law enforcement risk assessment.
            (A) Upon initial receipt of a missing person 
        report, the law enforcement agency shall immediately 
        determine whether there is a basis to determine that 
        the missing person is a high-risk missing person. 
            (B) If a law enforcement agency has previously 
        determined that a missing person is not a high-risk 
        missing person, but obtains new information, it shall 
        immediately determine whether the information 
        indicates that the missing person is a high-risk 
        missing person. 
            (C) Law enforcement agencies are encouraged to 
        establish written protocols for the handling of 
        missing person cases to accomplish the purposes of this 
        Act. 
        (3) Law enforcement agency reports. 
            (A) The responding local law enforcement agency 
        shall immediately enter all collected information 
        relating to the missing person case in the Law 
        Enforcement Agencies Data System (LEADS) and the 
        National Crime Information Center (NCIC) databases. 
        The information shall be provided in accordance with 
        applicable guidelines relating to the databases. The 
        information shall be entered as follows:
                (i) All appropriate DNA profiles, as 
            determined by the Department of State Police, 
            shall be uploaded into the missing person 
            databases of the State DNA Index System (SDIS) and 
            National DNA Index System (NDIS) after completion 
            of the DNA analysis and other procedures required 
            for database entry. 
                (ii) Information relevant to the Federal 
            Bureau of Investigation's Violent Criminal 
            Apprehension Program shall be entered as soon as 
            possible. 
                (iii) The Department of State Police shall 
            ensure that persons entering data relating to 
            medical or dental records in State or federal 
            databases are specifically trained to understand 
            and correctly enter the information sought by 
            these databases. The Department of State Police 
            shall either use a person with specific expertise 
            in
medical or dental records for this purpose or 
            consult with  a chief medical examiner, forensic 
            anthropologist, or odontologist to ensure the 
            accuracy and completeness of information entered 
            into the State and federal databases.

            (B) The Department of State Police shall 
        immediately notify all law enforcement agencies within 
        this State and the surrounding region of the 
        information that will aid in the prompt location and 
        safe return of the high-risk missing person. 
            (C) The local law enforcement agencies that 
        receive the notification from the Department of State 
        Police shall notify officers to be on the lookout for 
        the missing person or a suspected abductor. 
            (D) Pursuant to any applicable State criteria, 
        local law enforcement agencies shall also provide for 
        the prompt use of an Amber Alert in cases involving 
        abducted children;  or use of the Endangered Missing 
        Person Advisory in appropriate high risk cases.

(Source: P.A. 95-192, eff. 8-16-07; 96-149, eff. 1-1-10.)