Rep. Jay C. Hoffman

Filed: 5/2/2006

 

 


 

 


 
09400SB1684ham002 LRB094 09287 RLC 58731 a

1
AMENDMENT TO SENATE BILL 1684

2     AMENDMENT NO. ______. Amend Senate Bill 1684 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 1. Short title. This Act may be cited as the
5 Missing Persons Identification Act.
 
6     Section 5. Missing person reports.
7     (a) Report acceptance. All law enforcement agencies shall
8 accept without delay any report of a missing person. Acceptance
9 of a missing person report filed in person may not be refused
10 on any ground. No law enforcement agency may refuse to accept a
11 missing person report:
12         (1) on the basis that the missing person is an adult;
13         (2) on the basis that the circumstances do not indicate
14     foul play;
15         (3) on the basis that the person has been missing for a
16     short period of time;
17         (4) on the basis that the person has been missing a
18     long period of time;
19         (5) on the basis that there is no indication that the
20     missing person was in the jurisdiction served by the law
21     enforcement agency at the time of the disappearance;
22         (6) on the basis that the circumstances suggest that
23     the disappearance may be voluntary;
24         (7) on the basis that the reporting individual does not

 

 

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1     have personal knowledge of the facts;
2         (8) on the basis that the reporting individual cannot
3     provide all of the information requested by the law
4     enforcement agency;
5         (9) on the basis that the reporting individual lacks a
6     familial or other relationship with the missing person; or
7         (10) for any other reason.
8     (b) Manner of reporting. All law enforcement agencies shall
9 accept missing person reports in person. Law enforcement
10 agencies are encouraged to accept reports by phone or by
11 electronic or other media to the extent that such reporting is
12 consistent with law enforcement policies or practices.
13     (c) Contents of report. In accepting a report of a missing
14 person, the law enforcement agency shall attempt to gather
15 relevant information relating to the disappearance. The law
16 enforcement agency shall attempt to gather at the time of the
17 report information that shall include, but shall not be limited
18 to, the following:
19         (1) the name of the missing person, including
20     alternative names used;
21         (2) the missing person's date of birth;
22         (3) the missing person's identifying marks, such as
23     birthmarks, moles, tattoos, and scars;
24         (4) the missing person's height and weight;
25         (5) the missing person's gender;
26         (6) the missing person's race;
27         (7) the missing person's current hair color and true or
28     natural hair color;
29         (8) the missing person's eye color;
30         (9) the missing person's prosthetics, surgical
31     implants, or cosmetic implants;
32         (10) the missing person's physical anomalies;
33         (11) the missing person's blood type, if known;
34         (12) the missing person's drivers license number, if

 

 

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1     known;
2         (13) the missing person's social security number, if
3     known;
4         (14) a photograph of the missing person; recent
5     photographs are preferable and the agency is encouraged to
6     attempt to ascertain the approximate date the photograph
7     was taken;
8         (15) a description of the clothing the missing person
9     was believed to be wearing;
10         (16) a description of items that might be with the
11     missing person, such as jewelry, accessories, and shoes or
12     boots;
13         (17) information on the missing person's electronic
14     communications devices, such as cellular telephone numbers
15     and e-mail addresses;
16         (18) the reasons why the reporting individual believes
17     that the person is missing;
18         (19) the name and location of the missing person's
19     school or employer, if known;
20         (20) the name and location of the missing person's
21     dentist or primary care physician, or both, if known;
22         (21) any circumstances that may indicate that the
23     disappearance was not voluntary;
24         (22) any circumstances that may indicate that the
25     missing person may be at risk of injury or death;
26         (23) a description of the possible means of
27     transportation of the missing person, including make,
28     model, color, license number, and Vehicle Identification
29     Number of a vehicle;
30         (24) any identifying information about a known or
31     possible abductor or person last seen with the missing
32     person, or both, including:
33             (A) name;
34             (B) a physical description;

 

 

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1             (C) date of birth;
2             (D) identifying marks;
3             (E) the description of possible means of
4         transportation, including make, model, color, license
5         number, and Vehicle Identification Number of a
6         vehicle;
7             (F) known associates;
8         (25) any other information that may aid in locating the
9     missing person; and
10         (26) the date of last contact.
11     (d) Notification and follow up action.
12         (1) Notification. The law enforcement agency shall
13     notify the person making the report, a family member, or
14     other person in a position to assist the law enforcement
15     agency in its efforts to locate the missing person of the
16     following:
17             (A) general information about the handling of the
18         missing person case or about intended efforts in the
19         case to the extent that the law enforcement agency
20         determines that disclosure would not adversely affect
21         its ability to locate or protect the missing person or
22         to apprehend or prosecute any person criminally
23         involved in the disappearance;
24             (B) that the person should promptly contact the law
25         enforcement agency if the missing person remains
26         missing in order to provide additional information and
27         materials that will aid in locating the missing person
28         such as the missing person's credit cards, debit cards,
29         banking information, and cellular telephone records;
30         and
31             (C) that any DNA samples provided for the missing
32         person case are provided on a voluntary basis and will
33         be used solely to help locate or identify the missing
34         person and will not be used for any other purpose.

 

 

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1         The law enforcement agency, upon acceptance of a
2     missing person report, shall inform the reporting citizen
3     of one of 2 resources, based upon the age of the missing
4     person. If the missing person is under 18 years of age,
5     contact information for the National Center for Missing and
6     Exploited Children shall be given. If the missing person is
7     age 18 or older, contact information for the National
8     Center for Missing Adults shall be given.
9         Agencies handling the remains of a missing person who
10     is deceased must notify the agency handling the missing
11     person's case. Documented efforts must be made to locate
12     family members of the deceased person to inform them of the
13     death and location of the remains of their family member.
14         The law enforcement agency is encouraged to make
15     available informational materials, through publications or
16     electronic or other media, that advise the public about how
17     the information or materials identified in this subsection
18     are used to help locate or identify missing persons.
19         (2) Follow up action. If the person identified in the
20     missing person report remain missing after 30 days, and the
21     additional information and materials specified below have
22     not been received, the law enforcement agency shall attempt
23     to obtain:
24             (A) DNA samples from family members or from the
25         missing person along with any needed documentation, or
26         both, including any consent forms, required for the use
27         of State or federal DNA databases, including, but not
28         limited to, the Local DNA Index System (LDIS), State
29         DNA Index System (SDIS), and National DNA Index System
30         (NDIS);
31             (B) an authorization to release dental or skeletal
32         x-rays of the missing person;
33             (C) any additional photographs of the missing
34         person that may aid the investigation or an

 

 

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1         identification; the law enforcement agency is not
2         required to obtain written authorization before it
3         releases publicly any photograph that would aid in the
4         investigation or identification of the missing person;
5             (D) dental information and x-rays; and
6             (E) fingerprints.
7         (3) All DNA samples obtained in missing person cases
8     shall be immediately forwarded to the Department of State
9     Police for analysis. The Department of State Police shall
10     establish procedures for determining how to prioritize
11     analysis of the samples relating to missing person cases.
12         (4) This subsection shall not be interpreted to
13     preclude a law enforcement agency from attempting to obtain
14     the materials identified in this subsection before the
15     expiration of the 30-day period.
 
16     Section 10. Law enforcement analysis and reporting of
17 missing person information.
18     (a) Prompt determination of high-risk missing person.
19         (1) Definition. "High-risk missing person" means a
20     person whose whereabouts are not currently known and whose
21     circumstances indicate that the person may be at risk of
22     injury or death. The circumstances that indicate that a
23     person is a high-risk missing person include, but are not
24     limited to, any of the following:
25             (A) the person is missing as a result of a stranger
26         abduction;
27             (B) the person is missing under suspicious
28         circumstances;
29             (C) the person is missing under unknown
30         circumstances;
31             (D) the person is missing under known dangerous
32         circumstances;
33             (E) the person is missing more than 30 days;

 

 

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1             (F) the person has already been designated as a
2         high-risk missing person by another law enforcement
3         agency;
4             (G) there is evidence that the person is at risk
5         because:
6                 (i) the person is in need of medical attention
7             or prescription medication;
8                 (ii) the person does not have a pattern of
9             running away or disappearing;
10                 (iii) the person may have been abducted by a
11             non-custodial parent;
12                 (iv) the person is mentally impaired;
13                 (v) the person is under the age of 21;
14                 (vi) the person has been the subject of past
15             threats or acts of violence;
16                 (vii) the person has eloped from a nursing
17             home; or
18             (H) any other factor that may, in the judgment of
19         the law enforcement official, indicate that the
20         missing person may be at risk.
21         (2) Law enforcement risk assessment.
22             (A) Upon initial receipt of a missing person
23         report, the law enforcement agency shall immediately
24         and in no case later than 72 hours determine whether
25         there is a basis to determine that the missing person
26         is a high-risk missing person.
27             (B) If a law enforcement agency has previously
28         determined that a missing person is not a high-risk
29         missing person, but obtains new information, it shall
30         immediately determine whether the information
31         indicates that the missing person is a high-risk
32         missing person.
33             (C) Law enforcement agencies are encouraged to
34         establish written protocols for the handling of

 

 

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1         missing person cases to accomplish the purposes of this
2         Act.
3         (3) Law enforcement agency reports.
4             (A) The responding local law enforcement agency
5         shall immediately enter all collected information
6         relating to the missing person case in the Law
7         Enforcement Agencies Data System (LEADS) and the
8         National Crime Information Center (NCIC) databases.
9         The information shall be provided in accordance with
10         applicable guidelines relating to the databases. The
11         information shall be entered as follows:
12                 (i) All DNA profiles shall be uploaded into the
13             missing person databases of the State DNA Index
14             System (SDIS) and National DNA Index System (NDIS)
15             after completion of the DNA analysis and other
16             procedures required for database entry.
17                 (ii) Information relevant to the Federal
18             Bureau of Investigation's Violent Criminal
19             Apprehension Program shall be entered as soon as
20             possible.
21                 (iii) The Department of State Police shall
22             ensure that persons entering data relating to
23             medical or dental records in State or federal
24             databases are specifically trained to understand
25             and correctly enter the information sought by
26             these databases. The Department of State Police
27             shall either use a person with specific expertise
28             in medical or dental records for this purpose or
29             consult with a chief medical examiner, forensic
30             anthropologist, or odontologist to ensure the
31             accuracy and completeness of information entered
32             into the State and federal databases.
33             (B) The Department of State Police shall
34         immediately notify all law enforcement agencies within

 

 

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1         this State and the surrounding region of the
2         information that will aid in the prompt location and
3         safe return of the high-risk missing person.
4             (C) The local law enforcement agencies that
5         receive the notification from the Department of State
6         Police shall notify officers to be on the lookout for
7         the missing person or a suspected abductor.
8             (D) Pursuant to any applicable State criteria,
9         local law enforcement agencies shall also provide for
10         the prompt use of an Amber Alert in cases involving
11         abducted children; or public dissemination of
12         photographs in appropriate high risk cases.
 
13     Section 15. Reporting of unidentified persons and human
14 remains.
15     (a) Handling of death scene investigations.
16         (1) The Department of State Police shall provide
17     information to local law enforcement agencies about best
18     practices for handling death scene investigations.
19         (2) The Department of State Police shall identify any
20     publications or training opportunities that may be
21     available to local law enforcement agencies or law
22     enforcement officers and coroners and medical examiners
23     concerning the handling of death scene investigations.
24     (b) Law enforcement reports.
25         (1) Before performing any death scene investigation
26     deemed appropriate under the circumstances, the official
27     with custody of the human remains shall ensure that the
28     coroner or medical examiner of the county in which the
29     deceased was found has been notified.
30         (2) Any coroner or medical examiner with custody of
31     human remains that are not identified within 24 hours of
32     discovery shall promptly notify the Department of State
33     Police of the location of those remains.

 

 

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1         (3) If the coroner or medical examiner with custody of
2     remains cannot determine whether or not the remains found
3     are human, the coroner or medical examiner shall notify the
4     Department of State Police of the existence of possible
5     human remains.
 
6     Section 20. Unidentified persons or human remains
7 identification responsibilities.
8     (a) If the official with custody of human remains is not a
9 coroner or medical examiner, the official shall immediately
10 notify the coroner or medical examiner of the county in which
11 the remains were found. The coroner or medical examiner shall
12 go to the scene and take charge of the remains.
13     (b) Notwithstanding any other action deemed appropriate
14 for the handling of the human remains, the medical examiner or
15 coroner shall make reasonable attempts to promptly identify
16 human remains. These actions may include but are not limited to
17 obtaining:
18         (1) photographs of the human remains (prior to an
19     autopsy);
20         (2) dental or skeletal X-rays;
21         (3) photographs of items found with the human remains;
22         (4) fingerprints from the remains, if possible;
23         (5) samples of tissue suitable for DNA typing, if
24     possible;
25         (6) samples of whole bone or hair suitable for DNA
26     typing, or both;
27         (7) any other information that may support
28     identification efforts.
29     (c) No medical examiner or coroner or any other person
30 shall dispose of, or engage in actions that will materially
31 affect the unidentified human remains before the medical
32 examiner or coroner obtains:
33         (1) samples suitable for DNA identification,

 

 

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1     archiving;
2         (2) photographs of the unidentified person or human
3     remains; and
4         (3) all other appropriate steps for identification
5     have been exhausted.
6     (d) Cremation of unidentified human remains is prohibited.
7     (e) The medical examiner or coroner or the Department of
8 State Police shall make reasonable efforts to obtain prompt DNA
9 analysis of biological samples if the human remains have not
10 been identified by other means within 30 days.
11     (f) The medical examiner or coroner or the Department of
12 State Police shall seek support from appropriate State and
13 federal agencies for human remains identification efforts.
14 This support may include, but is not be limited to, available
15 mitochondrial or nuclear DNA testing, federal grants for DNA
16 testing, or federal grants for crime laboratory or medical
17 examiner or coroner's office improvement.
18     (g) The Department of State Police shall promptly enter
19 information in federal and State databases that may aid in the
20 identification of human remains. Information shall be entered
21 into federal databases as follows:
22         (1) information for the National Crime Information
23     Center shall be entered within 72 hours;
24         (2) DNA profiles and information shall be entered into
25     the National DNA Index System (NDIS) within 5 business days
26     after the completion of the DNA analysis and procedures
27     necessary for the entry of the DNA profile; and
28         (3) information sought by the Violent Criminal
29     Apprehension Program database shall be entered as soon as
30     practicable.
31     (h) If the Department of State Police does not input the
32 data directly into the federal databases, the Department of
33 State Police shall consult with the medical examiner or
34 coroner's office to ensure appropriate training of the data

 

 

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1 entry personnel and the establishment of a quality assurance
2 protocol for ensuring the ongoing quality of data entered in
3 the federal and State databases.
4     (i) Nothing in this Act shall be interpreted to preclude
5 any medical examiner or coroner's office, the Department of
6 State Police, or a local law enforcement agency from pursuing
7 other efforts to identify unidentified human remains including
8 efforts to publicize information, descriptions, or photographs
9 that may aid in the identification of the unidentified remains,
10 allow family members to identify missing person, and seek to
11 protect the dignity of the missing person.
 
12     Section 95. The Department of State Police Law of the Civil
13 Administrative Code of Illinois is amended by changing Section
14 2605-375 as follows:
 
15     (20 ILCS 2605/2605-375)  (was 20 ILCS 2605/55a in part)
16     Sec. 2605-375. Missing persons; Law Enforcement Agencies
17 Data System (LEADS).
18     (a) To establish and maintain a statewide Law Enforcement
19 Agencies Data System (LEADS) for the purpose of providing
20 electronic access by authorized entities to criminal justice
21 data repositories and effecting an immediate law enforcement
22 response to reports of missing persons, including lost, missing
23 or runaway minors and missing endangered seniors. The
24 Department shall implement an automatic data exchange system to
25 compile, to maintain, and to make available to other law
26 enforcement agencies for immediate dissemination data that can
27 assist appropriate agencies in recovering missing persons and
28 provide access by authorized entities to various data
29 repositories available through LEADS for criminal justice and
30 related purposes. To assist the Department in this effort,
31 funds may be appropriated from the LEADS Maintenance Fund.
32     (b) In exercising its duties under this Section, the

 

 

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1 Department shall provide do the following: (1) Provide a
2 uniform reporting format (LEADS) for the entry of pertinent
3 information regarding the report of a missing person into
4 LEADS. The report must include all of the following:
5         (1) (A) Relevant information obtained from the
6     notification concerning the missing person, including all
7     of the following:
8             (A) (i) a physical description of the missing
9         person;
10             (B) (ii) the date, time, and place that the missing
11         person was last seen; and
12             (C) (iii) the missing person's address.
13         (2) (B) Information gathered by a preliminary
14     investigation, if one was made.
15         (3) (C) A statement by the law enforcement officer in
16     charge stating the officer's assessment of the case based
17     on the evidence and information received.
18     (b-5) The Department of State Police shall:
19         (1) Prepare prepare the report required by subsection
20     (b) this paragraph (1) as soon as practical, but not later
21     than 5 hours after the Department receives notification of
22     a missing person.
23          (2) Develop and implement a policy whereby a statewide
24     or regional alert would be used in situations relating to
25     the disappearances of individuals, based on criteria and in
26     a format established by the Department. Such a format shall
27     include, but not be limited to, the age of the missing
28     person and the suspected circumstance of the
29     disappearance.
30          (3) Notify all law enforcement agencies that reports
31     of missing persons shall be entered as soon as the minimum
32     level of data specified by the Department is available to
33     the reporting agency and that no waiting period for the
34     entry of the data exists.

 

 

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1          (4) Compile and retain information regarding lost,
2     abducted, missing, or runaway minors in a separate data
3     file, in a manner that allows that information to be used
4     by law enforcement and other agencies deemed appropriate by
5     the Director, for investigative purposes. The information
6     shall include the disposition of all reported lost,
7     abducted, missing, or runaway minor cases.
8          (5) Compile and maintain an historic data repository
9     relating to lost, abducted, missing, or runaway minors and
10     other missing persons, including, but not limited to,
11     missing endangered seniors, in order to develop and improve
12     techniques utilized by law enforcement agencies when
13     responding to reports of missing persons.
14          (6) Create a quality control program regarding
15     confirmation of missing person data, timeliness of entries
16     of missing person reports into LEADS, and performance
17     audits of all entering agencies.
18         (7) Upon completion of the report required by paragraph
19     (1), the Department of State Police shall immediately
20     forward the contents of the report to all of the following:
21             (A) all law enforcement agencies that have
22         jurisdiction in the location where the missing person
23         lives and all law enforcement agencies that have
24         jurisdiction in the location where the missing person
25         was last seen;
26             (B) all law enforcement agencies to which the
27         person who made the notification concerning the
28         missing person requests the report be sent, if the
29         Department determines that the request is reasonable
30         in light of the information received;
31             (C) all law enforcement agencies that request a
32         copy of the report; and
33             (D) the National Crime Information Center's
34         Missing Person File, if appropriate.

 

 

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1         (8) The Department of State Police shall begin an
2     investigation concerning the missing person not later than
3     24 hours after receiving notification of a missing person.
4     (c) The Illinois Law Enforcement Training Standards Board
5 shall conduct a training program for law enforcement personnel
6 of local governmental agencies in the Missing Persons
7 Identification Act statewide coordinated missing endangered
8 senior alert system established under this Section.
9     (d) The Department of State Police shall perform the duties
10 prescribed in the Missing Persons Identification Act, subject
11 to appropriation.
12 (Source: P.A. 94-145, eff. 1-1-06.)
 
13     Section 99. Effective date. This Act takes effect upon
14 becoming law.".