HB3673 98TH GENERAL ASSEMBLY

LRB098 13098 RLC 47612 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3673

Introduced , by Rep. Monique D. Davis

SYNOPSIS AS INTRODUCED:

20 ILCS 2605/2605-481 new
20 ILCS 2605/2605-575
50 ILCS 722/10
230 ILCS 40/15.1 new

Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that the Department of State Police shall develop a coordinated program for a statewide emergency alert system when a developmentally disabled adult is missing or kidnapped. Provides that the system shall include, but is not limited to, the use in coordination with the Illinois Department of Transportation, of electronic message signs on roads and highways in the vicinity of a developmentally disabled adult abduction to immediately provide critical information to the public. Provides that the Department of State Police shall establish a Developmentally Disabled Adult Plan Task Force to monitor and review the implementation and operation of the system. Provides that the Department of State Police, in coordination with the Illinois Emergency Management Agency, shall develop and implement a community outreach program to promote awareness among the State's guardians of developmentally disabled adults of developmentally disabled adult abduction prevention and response. Provides that the Department shall appoint a Developmentally Disabled Adult Safety Coordinator to assist in the establishment of State standards for developmentally disabled adult safety from kidnap and abduction and to advocate for the achievement of those standards. Amends the Missing Persons Identification Act and the Video Gaming Act to make conforming changes. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning developmentally disabled adults.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Department of State Police Law of the Civil Administrative Code of Illinois is amended by changing Section 2605-575 and adding Section 2605-481 as follows:

(20 ILCS 2605/2605-481 new)

Sec. 2605-481. Statewide developmentally disabled adult kidnapping alert and prevention program; Developmentally Disabled Adult Safety Coordinator.

(a) For purposes of this Section, "developmentally disabled adult" means a person at least 18 years of age who has a developmental disability as defined in Section 1-106 of the Mental Health and Developmental Disabilities Code.

(b) The Department of State Police shall develop a coordinated program for a statewide emergency alert system when a developmentally disabled adult is missing or kidnapped. The system shall include, but is not limited to, the use in coordination with the Illinois Department of Transportation, of electronic message signs on roads and highways in the vicinity of a developmentally disabled adult abduction to immediately provide critical information to the public.

(c) The Department of State Police shall establish a Developmentally Disabled Adult Plan Task Force to monitor and review the implementation and operation of the system developed under subsection (b), including procedures, budgetary requirements, and response protocols. The Task Force shall also develop additional network resources for use in the system.

(d) The Department of State Police, in coordination with the Illinois Emergency Management Agency, shall develop and implement a community outreach program to promote awareness among the State's guardians of developmentally disabled adults of developmentally disabled adult abduction prevention and response.

(e) The Department shall appoint a Developmentally Disabled Adult Safety Coordinator to assist in the establishment of State standards for developmentally disabled adult safety from kidnap and abduction and to advocate for the achievement of those standards. The Developmentally Disabled Adult Safety Coordinator shall have the qualifications and experience that the Department shall require by rule. The Developmentally Disabled Adult Safety Coordinator shall receive no compensation but shall be reimbursed for his or her expenses from the Department's operations budget. No funds shall be appropriated solely for the expenses of the Developmentally Disabled Adult Safety Coordinator. The Department shall provide technical assistance for the Developmentally Disabled Adult Safety Coordinator from its existing resources.

(20 ILCS 2605/2605-575)

Sec. 2605-575. Children's and developmentally disabled adult fingerprints. With the written permission of the child's parent or guardian or the guardian of a developmentally disabled adult, the Department may retain the fingerprint record of a child or developmentally disabled adult fingerprinted by the Department at any location of collection, such as a State fair, county fair, or other place the Department collects such data. The record may be retained and used only if the child or developmentally disabled adult is later missing or abducted, if an Amber Alert or Developmentally Disabled Adult Alert is issued for that child or developmentally disabled adult, or if a missing person report is filed for that child or developmentally disabled adult with one or more local law enforcement agencies, and for no other purpose. In the case of a child, after After the child reaches the age of 18, the record must be destroyed unless the Department, within a reasonable period after the fingerprinted person's 18th birthday, obtains the permission of the fingerprinted person to retain the fingerprint record.

(Source: P.A. 94-481, eff. 1-1-06.)

Section 10. 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

(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; use of a Developmentally Disabled Adult Alert in cases involving abducted developmentally disabled adults; 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.)

Section 15. The Video Gaming Act is amended by adding Section 15.1 as follows:

(230 ILCS 40/15.1 new)

Sec. 15.1. Developmentally Disabled Adult Alert. The Board, in its discretion, may require video gaming terminals to display Developmentally Disabled Adult Alert messages if the Board makes a finding that it would be economically and technically feasible and pose no risk to the integrity and security of the central communications system and video gaming terminals.

Section 99. Effective date. This Act takes effect upon becoming law.