HB5088 100TH GENERAL ASSEMBLY

LRB100 20626 SLF 36062 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5088

Introduced , by Rep. Jaime M. Andrade, Jr.

SYNOPSIS AS INTRODUCED:

20 ILCS 2605/2605-25	was 20 ILCS 2605/55a-1
20 ILCS 2605/2605-30	was 20 ILCS 2605/55a-2
20 ILCS 2605/2605-35	was 20 ILCS 2605/55a-3
20 ILCS 2605/2605-40	was 20 ILCS 2605/55a-4
20 ILCS 2605/2605-45	was 20 ILCS 2605/55a-5
20 ILCS 2605/2605-50	was 20 ILCS 2605/55a-6
20 ILCS 2605/2605-52
20 ILCS 2605/2605-125 new
20 ILCS 2605/2605-300	was 20 ILCS 2605/55a in part
20 ILCS 2605/2605-330	was 20 ILCS 2605/55a in part

Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that the Department of State Police is divided into the Office of the Statewide 9-1-1 Administrator (removes the Illinois State Police Academy) and 5 divisions (rather than 4 divisions): the Division of Patrol (rather than the Division of Operations), the Division of Investigation, the Division of Forensic Services, the Division of Administration, and the Division of Internal Investigation. Provides that for each Division, the Director of State Police shall appoint one Deputy Director and one Assistant Deputy Director. Provides that the position of Deputy Director may be given an appointed rank of Colonel and the Assistant Deputy Director may be given an appointed rank of Lieutenant Colonel. Eliminates the Office of Coordination of Gang Prevention in the Division of Operations. Makes other changes. Effective immediately.

A BILL FOR

AN ACT concerning State government.

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 Sections 2605-25, 2605-30, 2605-35, 2605-40, 2605-45, 2605-50, 2605-52, 2605-300, and 2605-330 and by adding Section 2605-125 as follows:

(20 ILCS 2605/2605-25) (was 20 ILCS 2605/55a-1)

Sec. 2605-25. Department organization divisions. The Department is divided into the Illinois State Police Academy, the Office of the Statewide 9-1-1 Administrator, and 5 4 divisions: the Division of Patrol Operations, the Division of Investigation, the Division of Forensic Services, the Division of Administration, and the Division of Internal Investigation.

(Source: P.A. 98-634, eff. 6-6-14; 99-6, eff. 6-29-15.)

(20 ILCS 2605/2605-30) (was 20 ILCS 2605/55a-2)

Sec. 2605-30. Division of Patrol Operations (formerly State Troopers).

(a) The Division of Patrol Operations shall exercise the following functions and those in Section 2605-35:

(1) (Blank). Cooperate with federal and State authorities requesting utilization of the Department's radio network system under the Illinois Aeronautics Act.

(2) Exercise the rights, powers, and duties of the State Police under the State Police Act.

(3) (Blank). Exercise the rights, powers, and duties vested by law in the Department by the State Police Radio Act.

(3.5) Exercise the rights, powers, and duties of the Department vested by law in the Department and the Illinois State Police by the Criminal Code of 2012.

(4) Exercise the rights, powers, and duties of the Department vested by law in the Department and the Illinois State Police by the Illinois Vehicle Code.

(5) Exercise other duties that have been or may be vested by law in the Illinois State Police.

(6) Exercise other duties that may be assigned by the Director in order to fulfill the responsibilities and to achieve the purposes of the Department.

(b) The Director shall appoint one Deputy Director and one Assistant Deputy Director to operate the Division. The position of Deputy Director may be given an appointed rank of Colonel and the Assistant Deputy Director may be given an appointed rank of Lieutenant Colonel.

(c) The Director shall appoint 2 Region Commanders to oversee each patrol district. The position of Region Commander may be given an appointed rank of Major. Each Region Commander shall have a direct reporting structure to the Division's Assistant Deputy Director.

(d) The Director shall create 21 patrol districts and each shall have an appointed commander who shall have a direct reporting structure to the Region Commander.

(Source: P.A. 91-239, eff. 1-1-00; 91-760, eff. 1-1-01.)

(20 ILCS 2605/2605-35) (was 20 ILCS 2605/55a-3)

Sec. 2605-35. Division of Investigation Operations (formerly Criminal Investigation).

(a) The Division of Investigation Operations shall exercise the following functions and those in Section 2605-30:

(1) Exercise the rights, powers, and duties vested by law in the Department by the Illinois Horse Racing Act of 1975.

(2) Investigate the origins, activities, personnel, and incidents of crime and enforce the criminal laws of this State related thereto.

(3) Enforce all laws regulating the production, sale, prescribing, manufacturing, administering, transporting, having in possession, dispensing, delivering, distributing, or use of controlled substances, methamphetamine, and cannabis.

(4) Cooperate with the police of cities, villages, and incorporated towns and with the police officers of any county in enforcing the laws of the State and in making arrests and recovering property.

(5) Apprehend and deliver up any person charged in this State or any other state with treason or a felony or other crime who has fled from justice and is found in this State.

(6) Investigate recipients and providers under the Illinois Public Aid Code and any personnel involved in the administration of the Code who are suspected of any violation of the Code pertaining to fraud in the administration, receipt, or provision of assistance and pertaining to any violation of criminal law; and exercise the functions required under Section 2605-220 in the conduct of those investigations.

(7) Conduct other investigations as provided by law.

(8) Exercise the powers and perform the duties that have been vested in the Department by the Sex Offender Registration Act and the Sex Offender Community Notification Law; and promulgate reasonable rules and regulations necessitated thereby.

(9) Exercise other duties that may be assigned by the Director in order to fulfill the responsibilities and achieve the purposes of the Department.

(b) The Director shall appoint one Deputy Director and one Assistant Deputy Director to operate the Division. The position of Deputy Director may be given an appointed rank of Colonel and the Assistant Deputy Director may be given an appointed rank of Lieutenant Colonel. There is hereby established in the Division of Operations the Office of Coordination of Gang Prevention, hereafter referred to as the Office.

The Office shall consult with units of local government and school districts to assist them in gang control activities and to administer a system of grants to units of local government and school districts that, upon application, have demonstrated a workable plan to reduce gang activity in their area. The grants shall not include reimbursement for personnel, nor shall they exceed 75% of the total request by any applicant. The grants may be calculated on a proportional basis, determined by funds available to the Department for this purpose. The Department has the authority to promulgate appropriate rules and regulations to administer this program.

The Office shall establish mobile units of trained personnel to respond to gang activities.

The Office shall also consult with and use the services of religious leaders and other celebrities to assist in gang control activities.

The Office may sponsor seminars, conferences, or any other educational activity to assist communities in their gang crime control activities.

(c) The Director shall appoint 2 Region Commanders to oversee each investigative zone. The position of Region Commander may be given an appointed rank of Major. Each Region Commander shall have a direct reporting structure to the Division's Assistant Deputy Director.

(d) The Director shall create 7 investigative zones and each shall have an appointed commander having a direct reporting structure to the Region Commander.

(Source: P.A. 94-945, eff. 6-27-06.)

(20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4)

Sec. 2605-40. Division of Forensic Services.

(a) The Division of Forensic Services shall exercise the following functions:

(1) (Blank). Exercise the rights, powers, and duties vested by law in the Department by the Criminal Identification Act.

(2) Exercise the rights, powers, and duties vested by law in the Department by Section 2605-300 of this Law.

(3) Provide assistance to local law enforcement agencies through training, management, and consultant services.

(4) (Blank).

(5) Exercise other duties that may be assigned by the Director in order to fulfill the responsibilities and achieve the purposes of the Department.

(6) Establish and operate a forensic science laboratory system, including a forensic toxicological laboratory service, for the purpose of testing specimens submitted by coroners and other law enforcement officers in their efforts to determine whether alcohol, drugs, or poisonous or other toxic substances have been involved in deaths, accidents, or illness. Forensic toxicological laboratories shall be established in Springfield, Chicago, and elsewhere in the State as needed.

(6.5) Establish administrative rules in order to set forth standardized requirements for the disclosure of toxicology results and other relevant documents related to a toxicological analysis. These administrative rules are to be adopted to produce uniform and sufficient information to allow a proper, well-informed determination of the admissibility of toxicology evidence and to ensure that this evidence is presented competently. These administrative rules are designed to provide a minimum standard for compliance of toxicology evidence and is not intended to limit the production and discovery of material information. These administrative rules shall be submitted by the Department of State Police into the rulemaking process under the Illinois Administrative Procedure Act on or before June 30, 2017.

(7) Subject to specific appropriations made for these purposes, establish and coordinate a system for providing accurate and expedited forensic science and other investigative and laboratory services to local law enforcement agencies and local State's Attorneys in aid of the investigation and trial of capital cases.

(b) The Director shall appoint one Deputy Director and one Assistant Deputy Director to operate the Division. The position of Deputy Director may be given an appointed rank of Colonel and the Assistant Deputy Director may be given an appointed rank of Lieutenant Colonel.

(Source: P.A. 99-801, eff. 1-1-17.)

(20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)

Sec. 2605-45. Division of Administration.

(a) The Division of Administration shall exercise the following functions:

(1) Exercise the rights, powers, and duties vested by law in the Department by the Criminal Identification Governor's Office of Management and Budget Act.

(2) Pursue research and the publication of studies pertaining to local law enforcement activities.

(3) Exercise the rights, powers, and duties vested by law in the Department by the State Police Radio Act Personnel Code.

(4) Operate an electronic data processing and computer center for the storage and retrieval of data pertaining to criminal activity.

(5) Exercise the rights, powers, and duties vested in the Department by the Firearm Concealed Carry Act former Division of State Troopers by Section 17 of the State Police Act.

(6) (Blank). Exercise the rights, powers, and duties vested in the Department by "An Act relating to internal auditing in State government", approved August 11, 1967 (repealed; now the Fiscal Control and Internal Auditing Act, 30 ILCS 10/).

(6.5) Exercise the rights, powers, and duties vested in the Department by the Firearm Owners Identification Card Act.

(7) Exercise other duties that may be assigned by the Director to fulfill the responsibilities and achieve the purposes of the Department.

(b) The Director shall appoint one Deputy Director and one Assistant Deputy Director to operate the Division. The position of Deputy Director may be given an appointed rank of Colonel and the Assistant Deputy Director may be given an appointed rank of Lieutenant Colonel.

(Source: P.A. 94-793, eff. 5-19-06.)

(20 ILCS 2605/2605-50) (was 20 ILCS 2605/55a-6)

Sec. 2605-50. Division of Internal Investigation.

(a) The Division of Internal Investigation shall initiate internal departmental investigations and, at the direction of the Governor, investigate complaints and initiate investigations of official misconduct by State officers and State employees under the jurisdiction of the Governor.

(b) The Director shall appoint one Deputy Director and one Assistant Deputy Director to operate the Division. The position of Deputy Director may be given an appointed rank of Colonel and the Assistant Deputy Director may be given an appointed rank of Lieutenant Colonel.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 2605/2605-52)

Sec. 2605-52. Office of the Statewide 9-1-1 Administrator.

(a) The There shall be established an Office of the Statewide 9-1-1 Administrator within the Department. Beginning January 1, 2016, the Office of the Statewide 9-1-1 Administrator shall be responsible for developing, implementing, and overseeing a uniform statewide 9-1-1 system for all areas of the State outside of municipalities having a population over 500,000.

(b) The Governor shall appoint, with the advice and consent of the Senate, a Statewide 9-1-1 Administrator. The Administrator shall serve for a term of 2 years, and until a successor is appointed and qualified; except that the term of the first 9-1-1 Administrator appointed under this Act shall expire on the third Monday in January, 2017. The Administrator shall not hold any other remunerative public office. The Administrator shall receive an annual salary as set by the Governor.

(c) The Department, from appropriations made to it for that purpose, shall make grants to 9-1-1 Authorities for the purpose of defraying costs associated with 9-1-1 system consolidations awarded by the Administrator under Section 15.4b of the Emergency Telephone System Act.

(Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17.)

(20 ILCS 2605/2605-125 new)

Sec. 2605-125. Firearm Concealed Carry Act. To exercise the rights, powers, and duties that have been vested in the Department of State Police by the Firearm Concealed Carry Act.

(20 ILCS 2605/2605-300) (was 20 ILCS 2605/55a in part)

Sec. 2605-300. Records; crime laboratories; personnel. To do the following:

(1) Be a central repository and custodian of criminal statistics for the State.

(2) Be a central repository for criminal history record information.

(3) Procure and file for record information that is necessary and helpful to plan programs of crime prevention, law enforcement, and criminal justice.

(4) Procure and file for record copies of fingerprints that may be required by law.

(5) Establish general and field crime laboratories.

(6) Register and file for record information that may be required by law for the issuance of firearm owner's identification cards under the Firearm Owners Identification Card Act and concealed carry licenses under the Firearm Concealed Carry Act.

(7) Employ laboratory technicians and other specially qualified persons to aid in the identification of criminal activity, and may employ polygraph operators.

(8) Undertake other identification, information, laboratory, statistical, or registration activities that may be required by law.

(9) When authorized in law, collect and transmit fingerprints to the Federal Bureau of Investigation to be retained and searched against fingerprint records, including latents, now and hereafter filed.

(Source: P.A. 98-63, eff. 7-9-13; 99-801, eff. 1-1-17.)

(20 ILCS 2605/2605-330) (was 20 ILCS 2605/55a in part)

Sec. 2605-330. Firefighter applicant criminal history records checks. Upon the request of the chief of a fire department or the board of trustees of a fire protection district, the Department shall conduct fingerprint-based criminal history records checks of both State and Federal Bureau of Investigation criminal history record databases concerning prospective firefighters and report to the requesting chief or the board of trustees of a fire protection district any conviction information about those persons. These fingerprints shall be checked against the fingerprint records now and hereafter filed in the Department and the Federal Bureau of Investigation criminal history records databases. The Department shall furnish, pursuant to a positive identification, all Illinois conviction information and shall forward the national criminal history record information to the requesting chief or the board of trustees of the fire protection district. The Department may charge the requesting chief or board of trustees a fee for conducting the criminal history records check. The fee shall be deposited into the State Police Services Fund and shall not exceed the cost of the inquiry. The Department may prescribe the form and manner for requesting and furnishing conviction information under this Section.

(Source: P.A. 92-16, eff. 6-28-01; 93-952, eff. 1-1-05.)

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