Full Text of HB1298 97th General Assembly
HB1298enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning finance.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 2. The Department of State Police Law of the
Civil | 5 | | Administrative Code of Illinois is amended by changing Section | 6 | | 2605-375 as follows:
| 7 | | (20 ILCS 2605/2605-375) (was 20 ILCS 2605/55a in part)
| 8 | | Sec. 2605-375. Missing persons; Law Enforcement Agencies | 9 | | Data System
(LEADS).
| 10 | | (a) To establish and maintain a statewide Law Enforcement
| 11 | | Agencies Data System (LEADS) for the purpose of providing | 12 | | electronic access
by authorized entities to criminal justice | 13 | | data repositories and effecting an
immediate law enforcement | 14 | | response to reports of missing persons, including
lost, missing | 15 | | or runaway minors and missing endangered seniors. The | 16 | | Department shall implement an automatic
data exchange system to | 17 | | compile, to maintain, and to make available to
other law
| 18 | | enforcement agencies for immediate dissemination data that can
| 19 | | assist
appropriate agencies in recovering missing persons and | 20 | | provide access by
authorized entities to various data | 21 | | repositories available through LEADS for
criminal justice and | 22 | | related purposes. To assist the Department in
this effort, | 23 | | funds may be appropriated from the LEADS Maintenance Fund. |
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| 1 | | Funds may be appropriated from the LEADS Maintenance Fund to | 2 | | the Department to finance any of its lawful purposes or | 3 | | functions in relation to defraying the expenses associated with | 4 | | establishing, maintaining, and supporting the issuance of | 5 | | electronic citations.
| 6 | | (b) In exercising its duties under this Section, the
| 7 | | Department shall provide a uniform reporting format (LEADS) for | 8 | | the entry of pertinent
information regarding the report of a | 9 | | missing person into LEADS. The report must include all of the | 10 | | following:
| 11 | | (1) Relevant information obtained from the | 12 | | notification concerning the missing person, including all | 13 | | of the following: | 14 | | (A) a physical description of the missing person; | 15 | | (B) the date, time, and place that the missing | 16 | | person was last seen; and | 17 | | (C) the missing person's address. | 18 | | (2) Information gathered by a preliminary | 19 | | investigation, if one was made. | 20 | | (3) A statement by the law enforcement officer in | 21 | | charge stating the officer's assessment of the case based | 22 | | on the evidence and information received. | 23 | | (b-5) The Department of State Police shall:
| 24 | | (1) Develop and implement a policy whereby a statewide | 25 | | or regional alert
would be used in situations relating to | 26 | | the disappearances of individuals,
based on criteria and in |
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| 1 | | a format established by the Department. Such a
format shall | 2 | | include, but not be limited to, the age of the missing | 3 | | person
and the suspected circumstance of the | 4 | | disappearance.
| 5 | | (2) Notify all law enforcement agencies that reports of | 6 | | missing persons
shall be entered as soon as the minimum | 7 | | level of data specified by the
Department is available to | 8 | | the reporting agency and that no waiting period
for the | 9 | | entry of the data exists.
| 10 | | (3) Compile and retain information regarding lost, | 11 | | abducted, missing,
or
runaway minors in a separate data | 12 | | file, in a manner that allows that
information to be used | 13 | | by law enforcement and other agencies deemed
appropriate by | 14 | | the Director, for investigative purposes. The
information
| 15 | | shall include the disposition of all reported lost, | 16 | | abducted, missing, or
runaway minor cases.
| 17 | | (4) Compile and maintain an historic data repository | 18 | | relating to lost,
abducted, missing, or runaway minors and | 19 | | other missing persons, including, but not limited to, | 20 | | missing endangered seniors, in order to
develop and improve | 21 | | techniques utilized by law enforcement agencies when
| 22 | | responding to reports of missing persons.
| 23 | | (5) Create a quality control program regarding | 24 | | confirmation of missing
person data, timeliness of entries | 25 | | of missing person reports into LEADS,
and
performance | 26 | | audits of all entering agencies.
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| 1 | | (c) The Illinois Law Enforcement Training Standards Board | 2 | | shall conduct a training program for law enforcement personnel | 3 | | of local governmental agencies in the Missing Persons | 4 | | Identification Act.
| 5 | | (d) The Department of State Police shall perform the duties | 6 | | prescribed in the Missing Persons Identification Act, subject | 7 | | to appropriation.
| 8 | | (Source: P.A. 94-145, eff. 1-1-06; 95-192, eff. 8-16-07.)
| 9 | | Section 10. The Clerks of Courts Act is amended by changing | 10 | | Section 27.3e as follows: | 11 | | (705 ILCS 105/27.3e) | 12 | | Sec. 27.3e. Electronic citation fee. As used in this | 13 | | Section, "electronic citation" means the process of | 14 | | transmitting traffic, misdemeanor, municipal ordinance, | 15 | | conservation, or other citations and law enforcement data via | 16 | | electronic means to a circuit court clerk. | 17 | | To defray the expense of establishing and maintaining | 18 | | electronic citations, each Circuit Court Clerk shall charge and | 19 | | collect an electronic citation fee of $5. Such fee shall be | 20 | | paid by the defendant in any traffic, misdemeanor, municipal | 21 | | ordinance, or conservation case upon a judgment of guilty or | 22 | | grant of supervision.
This fee shall be in addition to all | 23 | | other fees and charges and assessable as costs and shall not be | 24 | | subject to disbursement under Section 27.5 or 27.6 of this Act. |
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| 1 | | 60% of the fee shall be deposited into the Circuit Court Clerk | 2 | | Electronic Citation Fund and 40% of the fee shall be disbursed | 3 | | to the arresting agency to defray expenses related to the | 4 | | establishment and maintenance of electronic citations. The | 5 | | Circuit Court Clerk shall be the custodian, ex officio, of the | 6 | | Circuit Court Clerk Electronic Citation Fund and shall use the | 7 | | Fund to perform the duties required by the office for | 8 | | establishing and maintaining electronic citations. The Fund | 9 | | shall be audited by the County's auditor. The Circuit Court | 10 | | Clerk shall not charge and collect an electronic citation fee | 11 | | if the County Board has by ordinance elected not to be subject | 12 | | to this Section. Any funds collected under this Section before | 13 | | such an ordinance takes effect shall be disbursed to the | 14 | | Illinois State Police for expenses related to the establishment | 15 | | and maintenance of electronic citations.
| 16 | | With respect to funds designated for, as well as citations | 17 | | issued by, the Department of State Police, the moneys shall be | 18 | | remitted by the circuit court clerk to the State Treasurer | 19 | | within one month after receipt for deposit into the LEADS | 20 | | Maintenance Fund. | 21 | | (Source: P.A. 96-1210, eff. 1-1-11.)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.
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