|
(7) on the basis that the reporting individual does not |
have personal knowledge of the facts; |
(8) on the basis that the reporting individual cannot |
provide all of the information requested by the law |
enforcement agency; |
(9) on the basis that the reporting individual lacks a |
familial or other relationship with the missing person; or |
(10) for any other reason. |
(b) Manner of reporting. All law enforcement agencies shall |
accept missing person reports in person. Law enforcement |
agencies are encouraged to accept reports by phone or by |
electronic or other media to the extent that such reporting is |
consistent with law enforcement policies or practices. |
(c) Contents of report. In accepting a report of a missing |
person, the law enforcement agency shall attempt to gather |
relevant information relating to the disappearance. The law |
enforcement agency shall attempt to gather at the time of the |
report information that shall include, but shall not be limited |
to, the following: |
(1) the name of the missing person, including |
alternative names used; |
(2) the missing person's date of birth; |
(3) the missing person's identifying marks, such as |
birthmarks, moles, tattoos, and scars; |
(4) the missing person's height and weight; |
(5) the missing person's gender; |
|
(6) the missing person's race; |
(7) the missing person's current hair color and true or |
natural hair color; |
(8) the missing person's eye color; |
(9) the missing person's prosthetics, surgical |
implants, or cosmetic implants; |
(10) the missing person's physical anomalies; |
(11) the missing person's blood type, if known; |
(12) the missing person's driver's license number, if |
known; |
(13) the missing person's social security number, if |
known; |
(14) a photograph of the missing person; recent |
photographs are preferable and the agency is encouraged to |
attempt to ascertain the approximate date the photograph |
was taken; |
(15) a description of the clothing the missing person |
was believed to be wearing; |
(16) a description of items that might be with the |
missing person, such as jewelry, accessories, and shoes or |
boots; |
(17) information on the missing person's electronic |
communications devices, such as cellular telephone numbers |
and e-mail addresses; |
(18) the reasons why the reporting individual believes |
that the person is missing; |
|
(19)
the name and location of the missing person's |
school or employer, if known;
|
(20) the name and location of the missing person's |
dentist or primary care physician, or both, if known; |
(21) any circumstances that may indicate that the |
disappearance was not voluntary; |
(22) any circumstances that may indicate that the |
missing person may be at risk of injury or death; |
(23) a description of the possible means of |
transportation of the missing person, including make, |
model, color, license number, and Vehicle Identification |
Number of a vehicle; |
(24) any identifying information about a known or |
possible abductor or person last seen with the missing |
person, or both, including: |
(A) name; |
(B) a physical description; |
(C) date of birth; |
(D) identifying marks; |
(E) the description of possible means of |
transportation, including make, model, color, license |
number, and Vehicle Identification Number of a |
vehicle; |
(F) known associates; |
(25) any other information that may aid in locating the |
missing person; and |
|
(26) the date of last contact. |
(d) Notification and follow up action. |
(1) Notification. The law enforcement agency shall |
notify the person making the report, a family member, or |
other person in a position to assist the law enforcement |
agency in its efforts to locate the missing person of the |
following: |
(A) general information about the handling of the |
missing person case or about intended efforts in the |
case to the extent that the law enforcement agency |
determines that disclosure would not adversely affect |
its ability to locate or protect the missing person or |
to apprehend or prosecute any person criminally |
involved in the disappearance; |
(B) that the person should promptly contact the law |
enforcement agency if the missing person remains |
missing in order to provide additional information and |
materials that will aid in locating the missing person |
such as the missing person's credit cards, debit cards, |
banking information, and cellular telephone records; |
and |
(C) that any DNA samples provided for the missing |
person case are provided on a voluntary basis and will |
be used solely to help locate or identify the missing |
person and will not be used for any other purpose. |
The law enforcement agency, upon acceptance of a |
|
missing person report, shall inform the reporting citizen |
of one of 2 resources, based upon the age of the missing |
person. If the missing person is under 18 years of age, |
contact information for the National Center for Missing and |
Exploited Children shall be given. If the missing person is |
age 18 or older, contact information for the National |
Center for Missing Adults shall be given. |
Agencies handling the remains of a missing person who |
is deceased must notify the agency handling the missing |
person's case. Documented efforts must be made to locate |
family members of the deceased person to inform them of the |
death and location of the remains of their family member. |
The law enforcement agency is encouraged to make |
available informational materials, through publications or |
electronic or other media, that advise the public about how |
the information or materials identified in this subsection |
are used to help locate or identify missing persons. |
(2) Follow up action. If the person identified in the |
missing person report remains missing after 30 days, and |
the additional information and materials specified below |
have not been received, the law enforcement agency shall |
attempt to obtain: |
(A) DNA samples from family members or from the |
missing person along with any needed documentation, or |
both, including any consent forms, required for the use |
of State or federal DNA databases, including, but not |
|
limited to, the Local DNA Index System (LDIS), State |
DNA Index System (SDIS), and National DNA Index System |
(NDIS); |
(B) an authorization to release dental or skeletal |
x-rays of the missing person; |
(C) any additional photographs of the missing |
person that may aid the investigation or an |
identification; the law enforcement agency is not |
required to obtain written authorization before it |
releases publicly any photograph that would aid in the |
investigation or identification of the missing person; |
(D) dental information and x-rays; and |
(E) fingerprints. |
(3) All DNA samples obtained in missing person cases |
shall be immediately forwarded to the Department of State |
Police for analysis. The Department of State Police shall |
establish procedures for determining how to prioritize |
analysis of the samples relating to missing person cases. |
(4) This subsection shall not be interpreted to |
preclude a law enforcement agency from attempting to obtain |
the materials identified in this subsection before the |
expiration of the 30-day period. |
Section 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 |
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; or public dissemination of |
photographs in appropriate high risk cases. |
Section 15. Reporting of unidentified persons and human |
remains. |
(a) Handling of death scene investigations. |
(1) The Department of State Police shall provide |
information to local law enforcement agencies about best |
practices for handling death scene investigations. |
(2) The Department of State Police shall identify any |
|
publications or training opportunities that may be |
available to local law enforcement agencies or law |
enforcement officers and coroners and medical examiners |
concerning the handling of death scene investigations. |
(b) Law enforcement reports. |
(1) Before performing any death scene investigation |
deemed appropriate under the circumstances, the official |
with custody of the human remains shall ensure that the |
coroner or medical examiner of the county in which the |
deceased was found has been notified. |
(2) Any coroner or medical examiner with custody of |
human remains that are not identified within 24 hours of |
discovery shall promptly notify the Department of State |
Police of the location of those remains. |
(3) If the coroner or medical examiner with custody of |
remains cannot determine whether or not the remains found |
are human, the coroner or medical examiner shall notify the |
Department of State Police of the existence of possible |
human remains. |
Section 20. Unidentified persons or human remains |
identification responsibilities. |
(a) If the official with custody of human remains is not a |
coroner or medical
examiner, the official shall immediately |
notify the coroner or medical examiner of the county in which |
the remains were found.
The coroner or medical examiner shall |
|
go to the scene and take charge of the remains. |
(b) Notwithstanding any other action deemed appropriate |
for the handling of
the human remains, the medical examiner or |
coroner shall make reasonable attempts
to promptly identify |
human remains. These actions may include but
are not limited to |
obtaining:
|
(1) photographs of the human remains (prior to an |
autopsy); |
(2) dental or skeletal X-rays; |
(3) photographs of items found with the human remains; |
(4) fingerprints from the remains, if possible; |
(5) samples of tissue suitable for DNA typing, if |
possible; |
(6) samples of whole bone or hair suitable for DNA |
typing, or both; |
(7) any other information that may support |
identification efforts. |
(c) No medical examiner or coroner or any other person |
shall dispose of, or engage in
actions that will materially |
affect the unidentified human remains before
the medical |
examiner or coroner obtains:
|
(1) samples suitable for DNA identification, |
archiving; |
(2) photographs of the unidentified person or human |
remains; and |
(3) all other appropriate steps for identification |
|
have been exhausted. |
(d) Cremation of unidentified human remains is prohibited. |
(e) The medical examiner or coroner or the
Department of |
State Police shall make reasonable efforts to obtain
prompt DNA |
analysis of biological samples if the human remains have
not |
been identified by other means within 30 days.
|
(f) The medical examiner or coroner or the
Department of |
State Police shall seek support from appropriate State
and |
federal agencies for human remains identification efforts. |
This
support may include, but is not limited to, available |
mitochondrial or
nuclear DNA testing, federal grants for DNA |
testing, or federal grants for
crime laboratory or medical |
examiner or coroner's office improvement.
|
(g) The Department of State Police
shall promptly enter |
information in federal and State
databases that may aid in the |
identification of human remains.
Information shall be entered |
into federal databases as follows:
|
(1) information for the National Crime Information |
Center shall be entered within 72
hours;
|
(2) DNA profiles and information shall be entered into |
the National
DNA Index System (NDIS) within 5 business days |
after the
completion of the DNA analysis and procedures |
necessary for the
entry of the DNA profile; and
|
(3) information sought by the Violent Criminal |
Apprehension
Program database shall be entered as soon as |
practicable.
|
|
(h) If the Department of State Police does not input the |
data directly into the
federal databases, the Department of |
State Police shall consult with
the medical examiner or |
coroner's office to ensure appropriate training of the data
|
entry personnel and the establishment of a quality assurance |
protocol for
ensuring the ongoing quality of data entered in |
the federal and State
databases.
|
(i) Nothing in this Act shall be interpreted to preclude |
any medical examiner
or coroner's office, the Department of |
State Police, or a local law
enforcement agency from pursuing |
other efforts to identify unidentified
human remains including |
efforts to publicize information, descriptions, or
photographs |
that may aid in the identification of the unidentified remains,
|
allow family members to identify the missing person, and seek |
to protect
the dignity of the missing person.
|
Section 95. The Department of State Police Law of the
Civil |
Administrative Code of Illinois is amended by changing Section |
2605-375 as follows:
|
(20 ILCS 2605/2605-375) (was 20 ILCS 2605/55a in part)
|
Sec. 2605-375. Missing persons; Law Enforcement Agencies |
Data System
(LEADS).
|
(a) To establish and maintain a statewide Law Enforcement
|
Agencies Data System (LEADS) for the purpose of providing |
electronic access
by authorized entities to criminal justice |
|
data repositories and effecting an
immediate law enforcement |
response to reports of missing persons, including
lost, missing |
or runaway minors and missing endangered seniors. The |
Department shall implement an automatic
data exchange system to |
compile, to maintain, and to make available to
other law
|
enforcement agencies for immediate dissemination data that can
|
assist
appropriate agencies in recovering missing persons and |
provide access by
authorized entities to various data |
repositories available through LEADS for
criminal justice and |
related purposes. To assist the Department in
this effort, |
funds may be appropriated from the LEADS Maintenance Fund.
|
(b) In exercising its duties under this Section, the
|
Department shall provide
do the following:
(1) Provide a |
uniform reporting format (LEADS) for the entry of pertinent
|
information regarding the report of a missing person into |
LEADS. The report must include all of the following:
|
(1)
(A) Relevant information obtained from the |
notification concerning the missing person, including all |
of the following: |
(A)
(i) a physical description of the missing |
person; |
(B)
(ii) the date, time, and place that the missing |
person was last seen; and |
(C)
(iii) the missing person's address. |
(2)
(B) Information gathered by a preliminary |
investigation, if one was made. |
|
(3)
(C) A statement by the law enforcement officer in |
charge stating the officer's assessment of the case based |
on the evidence and information received. |
(b-5) The Department of State Police shall :
prepare the |
report required by this paragraph (1) as soon as practical, but |
not later than 5 hours after the Department receives |
notification of a missing person.
|
(1)
(2) Develop and implement a policy whereby a |
statewide or regional alert
would be used in situations |
relating to the disappearances of individuals,
based on |
criteria and in a format established by the Department. |
Such a
format shall include, but not be limited to, the age |
of the missing person
and the suspected circumstance of the |
disappearance.
|
(2)
(3) Notify all law enforcement agencies that |
reports of missing persons
shall be entered as soon as the |
minimum level of data specified by the
Department is |
available to the reporting agency and that no waiting |
period
for the entry of the data exists.
|
(3)
(4) Compile and retain information regarding lost, |
abducted, missing,
or
runaway minors in a separate data |
file, in a manner that allows that
information to be used |
by law enforcement and other agencies deemed
appropriate by |
the Director, for investigative purposes. The
information
|
shall include the disposition of all reported lost, |
abducted, missing, or
runaway minor cases.
|
|
(4)
(5) Compile and maintain an historic data |
repository relating to lost,
abducted, missing, or runaway |
minors and other missing persons, including, but not |
limited to, missing endangered seniors, in order to
develop |
and improve techniques utilized by law enforcement |
agencies when
responding to reports of missing persons.
|
(5)
(6) Create a quality control program regarding |
confirmation of missing
person data, timeliness of entries |
of missing person reports into LEADS,
and
performance |
audits of all entering agencies.
|
(7) Upon completion of the report required by paragraph |
(1), the Department of State Police shall immediately |
forward the contents of the report to all of the following: |
(A) all law enforcement agencies that have |
jurisdiction in the location where the missing person |
lives and all law enforcement agencies that have |
jurisdiction in the location where the missing person |
was last seen; |
(B) all law enforcement agencies to which the |
person who made the notification concerning the |
missing person requests the report be sent, if the |
Department determines that the request is reasonable |
in light of the information received; |
(C) all law enforcement agencies that request a |
copy of the report; and |
(D) the National Crime Information Center's |
|
Missing Person File, if appropriate.
|
(8) The Department of State Police shall begin an |
investigation concerning the missing person not later than |
24 hours after receiving notification of a missing person. |
(c) The Illinois Law Enforcement Training Standards Board |
shall conduct a training program for law enforcement personnel |
of local governmental agencies in the Missing Persons |
Identification Act
statewide coordinated missing endangered |
senior alert system established under this Section .
|
(d) The Department of State Police shall perform the duties |
prescribed in the Missing Persons Identification Act, subject |
to appropriation.
|
(Source: P.A. 94-145, eff. 1-1-06.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|