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90_HB2027ham001
LRB9004701RCksam
1 AMENDMENT TO HOUSE BILL 2027
2 AMENDMENT NO. . Amend House Bill 2027 by replacing
3 the title with the following:
4 "AN ACT to amend the Civil Administrative Code of
5 Illinois by changing Section 55a."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Civil Administrative Code of Illinois is
9 amended by changing Section 55a as follows:
10 (20 ILCS 2605/55a) (from Ch. 127, par. 55a)
11 Sec. 55a. (A) The Department of State Police shall have
12 the following powers and duties, and those set forth in
13 Sections 55a-1 through 55c:
14 1. To exercise the rights, powers and duties which have
15 been vested in the Department of Public Safety by the State
16 Police Act.
17 2. To exercise the rights, powers and duties which have
18 been vested in the Department of Public Safety by the State
19 Police Radio Act.
20 3. To exercise the rights, powers and duties which have
21 been vested in the Department of Public Safety by the
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1 Criminal Identification Act.
2 4. To (a) investigate the origins, activities, personnel
3 and incidents of crime and the ways and means to redress the
4 victims of crimes, and study the impact, if any, of
5 legislation relative to the effusion of crime and growing
6 crime rates, and enforce the criminal laws of this State
7 related thereto, (b) enforce all laws regulating the
8 production, sale, prescribing, manufacturing, administering,
9 transporting, having in possession, dispensing, delivering,
10 distributing, or use of controlled substances and cannabis,
11 (c) employ skilled experts, scientists, technicians,
12 investigators or otherwise specially qualified persons to aid
13 in preventing or detecting crime, apprehending criminals, or
14 preparing and presenting evidence of violations of the
15 criminal laws of the State, (d) cooperate with the police of
16 cities, villages and incorporated towns, and with the police
17 officers of any county, in enforcing the laws of the State
18 and in making arrests and recovering property, (e) apprehend
19 and deliver up any person charged in this State or any other
20 State of the United States with treason, felony, or other
21 crime, who has fled from justice and is found in this State,
22 and (f) conduct such other investigations as may be provided
23 by law. Persons exercising these powers within the Department
24 are conservators of the peace and as such have all the powers
25 possessed by policemen in cities and sheriffs, except that
26 they may exercise such powers anywhere in the State in
27 cooperation with and after contact with the local law
28 enforcement officials. Such persons may use false or
29 fictitious names in the performance of their duties under
30 this paragraph, upon approval of the Director, and shall not
31 be subject to prosecution under the criminal laws for such
32 use.
33 5. To: (a) be a central repository and custodian of
34 criminal statistics for the State, (b) be a central
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1 repository for criminal history record information, (c)
2 procure and file for record such information as is necessary
3 and helpful to plan programs of crime prevention, law
4 enforcement and criminal justice, (d) procure and file for
5 record such copies of fingerprints, as may be required by
6 law, (e) establish general and field crime laboratories, (f)
7 register and file for record such information as may be
8 required by law for the issuance of firearm owner's
9 identification cards, (g) employ polygraph operators,
10 laboratory technicians and other specially qualified persons
11 to aid in the identification of criminal activity, and (h)
12 undertake such other identification, information, laboratory,
13 statistical or registration activities as may be required by
14 law.
15 6. To (a) acquire and operate one or more radio
16 broadcasting stations in the State to be used for police
17 purposes, (b) operate a statewide communications network to
18 gather and disseminate information for law enforcement
19 agencies, (c) operate an electronic data processing and
20 computer center for the storage and retrieval of data
21 pertaining to criminal activity, and (d) undertake such other
22 communication activities as may be required by law.
23 7. To provide, as may be required by law, assistance to
24 local law enforcement agencies through (a) training,
25 management and consultant services for local law enforcement
26 agencies, and (b) the pursuit of research and the publication
27 of studies pertaining to local law enforcement activities.
28 8. To exercise the rights, powers and duties which have
29 been vested in the Department of State Police and the
30 Director of the Department of State Police by the Narcotic
31 Control Division Abolition Act.
32 9. To exercise the rights, powers and duties which have
33 been vested in the Department of Public Safety by the
34 Illinois Vehicle Code.
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1 10. To exercise the rights, powers and duties which have
2 been vested in the Department of Public Safety by the Firearm
3 Owners Identification Card Act.
4 11. To enforce and administer such other laws in
5 relation to law enforcement as may be vested in the
6 Department.
7 12. To transfer jurisdiction of any realty title to
8 which is held by the State of Illinois under the control of
9 the Department to any other department of the State
10 government or to the State Employees Housing Commission, or
11 to acquire or accept Federal land, when such transfer,
12 acquisition or acceptance is advantageous to the State and is
13 approved in writing by the Governor.
14 13. With the written approval of the Governor, to enter
15 into agreements with other departments created by this Act,
16 for the furlough of inmates of the penitentiary to such other
17 departments for their use in research programs being
18 conducted by them.
19 For the purpose of participating in such research
20 projects, the Department may extend the limits of any
21 inmate's place of confinement, when there is reasonable cause
22 to believe that the inmate will honor his or her trust by
23 authorizing the inmate, under prescribed conditions, to leave
24 the confines of the place unaccompanied by a custodial agent
25 of the Department. The Department shall make rules governing
26 the transfer of the inmate to the requesting other department
27 having the approved research project, and the return of such
28 inmate to the unextended confines of the penitentiary. Such
29 transfer shall be made only with the consent of the inmate.
30 The willful failure of a prisoner to remain within the
31 extended limits of his or her confinement or to return within
32 the time or manner prescribed to the place of confinement
33 designated by the Department in granting such extension shall
34 be deemed an escape from custody of the Department and
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1 punishable as provided in Section 3-6-4 of the Unified Code
2 of Corrections.
3 14. To provide investigative services, with all of the
4 powers possessed by policemen in cities and sheriffs, in and
5 around all race tracks subject to the Horse Racing Act of
6 1975.
7 15. To expend such sums as the Director deems necessary
8 from Contractual Services appropriations for the Division of
9 Criminal Investigation for the purchase of evidence and for
10 the employment of persons to obtain evidence. Such sums shall
11 be advanced to agents authorized by the Director to expend
12 funds, on vouchers signed by the Director.
13 16. To assist victims and witnesses in gang crime
14 prosecutions through the administration of funds appropriated
15 from the Gang Violence Victims and Witnesses Fund to the
16 Department. Such funds shall be appropriated to the
17 Department and shall only be used to assist victims and
18 witnesses in gang crime prosecutions and such assistance may
19 include any of the following:
20 (a) temporary living costs;
21 (b) moving expenses;
22 (c) closing costs on the sale of private residence;
23 (d) first month's rent;
24 (e) security deposits;
25 (f) apartment location assistance;
26 (g) other expenses which the Department considers
27 appropriate; and
28 (h) compensation for any loss of or injury to real
29 or personal property resulting from a gang crime to a
30 maximum of $5,000, subject to the following provisions:
31 (1) in the case of loss of property, the
32 amount of compensation shall be measured by the
33 replacement cost of similar or like property which
34 has been incurred by and which is substantiated by
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1 the property owner,
2 (2) in the case of injury to property, the
3 amount of compensation shall be measured by the cost
4 of repair incurred and which can be substantiated by
5 the property owner,
6 (3) compensation under this provision is a
7 secondary source of compensation and shall be
8 reduced by any amount the property owner receives
9 from any other source as compensation for the loss
10 or injury, including, but not limited to, personal
11 insurance coverage,
12 (4) no compensation may be awarded if the
13 property owner was an offender or an accomplice of
14 the offender, or if the award would unjustly benefit
15 the offender or offenders, or an accomplice of the
16 offender or offenders.
17 No victim or witness may receive such assistance if he or
18 she is not a part of or fails to fully cooperate in the
19 prosecution of gang crime members by law enforcement
20 authorities.
21 The Department shall promulgate any rules necessary for
22 the implementation of this amendatory Act of 1985.
23 17. To conduct arson investigations.
24 18. To develop a separate statewide statistical police
25 contact record keeping system for the study of juvenile
26 delinquency. The records of this police contact system shall
27 be limited to statistical information. No individually
28 identifiable information shall be maintained in the police
29 contact statistical record system.
30 19. To develop a separate statewide central adjudicatory
31 and dispositional records system for persons under 19 years
32 of age who have been adjudicated delinquent minors and to
33 make information available to local registered participating
34 police youth officers so that police youth officers will be
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1 able to obtain rapid access to the juvenile's background from
2 other jurisdictions to the end that the police youth officers
3 can make appropriate dispositions which will best serve the
4 interest of the child and the community. Information
5 maintained in the adjudicatory and dispositional record
6 system shall be limited to the incidents or offenses for
7 which the minor was adjudicated delinquent by a court, and a
8 copy of the court's dispositional order. All individually
9 identifiable records in the adjudicatory and dispositional
10 records system shall be destroyed when the person reaches 19
11 years of age.
12 20. To develop rules which guarantee the confidentiality
13 of such individually identifiable adjudicatory and
14 dispositional records except when used for the following:
15 (a) by authorized juvenile court personnel or the
16 State's Attorney in connection with proceedings under the
17 Juvenile Court Act of 1987; or
18 (b) inquiries from registered police youth
19 officers.
20 For the purposes of this Act "police youth officer" means
21 a member of a duly organized State, county or municipal
22 police force who is assigned by his or her Superintendent,
23 Sheriff or chief of police, as the case may be, to specialize
24 in youth problems.
25 21. To develop administrative rules and administrative
26 hearing procedures which allow a minor, his or her attorney,
27 and his or her parents or guardian access to individually
28 identifiable adjudicatory and dispositional records for the
29 purpose of determining or challenging the accuracy of the
30 records. Final administrative decisions shall be subject to
31 the provisions of the Administrative Review Law.
32 22. To charge, collect, and receive fees or moneys
33 equivalent to the cost of providing Department of State
34 Police personnel, equipment, and services to local
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1 governmental agencies when explicitly requested by a local
2 governmental agency and pursuant to an intergovernmental
3 agreement as provided by this Section, other State agencies,
4 and federal agencies, including but not limited to fees or
5 moneys equivalent to the cost of providing dispatching
6 services, radio and radar repair, and training to local
7 governmental agencies on such terms and conditions as in the
8 judgment of the Director are in the best interest of the
9 State; and to establish, charge, collect and receive fees or
10 moneys based on the cost of providing responses to requests
11 for criminal history record information pursuant to positive
12 identification and any Illinois or federal law authorizing
13 access to some aspect of such information and to prescribe
14 the form and manner for requesting and furnishing such
15 information to the requestor on such terms and conditions as
16 in the judgment of the Director are in the best interest of
17 the State, provided fees for requesting and furnishing
18 criminal history record information may be waived for
19 requests in the due administration of the criminal laws. The
20 Department may also charge, collect and receive fees or
21 moneys equivalent to the cost of providing electronic data
22 processing lines or related telecommunication services to
23 local governments, but only when such services can be
24 provided by the Department at a cost less than that
25 experienced by said local governments through other means.
26 All services provided by the Department shall be conducted
27 pursuant to contracts in accordance with the
28 Intergovernmental Cooperation Act, and all telecommunication
29 services shall be provided pursuant to the provisions of
30 Section 67.18 of this Code.
31 All fees received by the Department of State Police under
32 this Act or the Illinois Uniform Conviction Information Act
33 shall be deposited in a special fund in the State Treasury to
34 be known as the State Police Services Fund. The money
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1 deposited in the State Police Services Fund shall be
2 appropriated to the Department of State Police for expenses
3 of the Department of State Police.
4 In addition to any other permitted use of moneys in the
5 Fund, and notwithstanding any restriction on the use of the
6 Fund, moneys in the State Police Services Fund may be
7 transferred to the General Revenue Fund as authorized by this
8 amendatory Act of 1992. The General Assembly finds that an
9 excess of moneys exists in the Fund. On February 1, 1992,
10 the Comptroller shall order transferred and the Treasurer
11 shall transfer $500,000 (or such lesser amount as may be on
12 deposit in the Fund and unexpended and unobligated on that
13 date) from the Fund to the General Revenue Fund.
14 Upon the completion of any audit of the Department of
15 State Police as prescribed by the Illinois State Auditing
16 Act, which audit includes an audit of the State Police
17 Services Fund, the Department of State Police shall make the
18 audit open to inspection by any interested person.
19 23. To exercise the powers and perform the duties which
20 have been vested in the Department of State Police by the
21 Intergovernmental Missing Child Recovery Act of 1984, and to
22 establish reasonable rules and regulations necessitated
23 thereby.
24 24. (a) To establish and maintain a statewide Law
25 Enforcement Agencies Data System (LEADS) for the purpose of
26 effecting an immediate law enforcement response to reports of
27 missing persons, including lost, missing or runaway minors.
28 The Department shall implement an automatic data exchange
29 system to compile, to maintain and to make available to other
30 law enforcement agencies for immediate dissemination data
31 which can assist appropriate agencies in recovering missing
32 persons.
33 (b) In exercising its duties under this subsection, the
34 Department shall:
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1 (1) provide a uniform reporting format for the
2 entry of pertinent information regarding the report of a
3 missing person into LEADS;
4 (2) develop and implement a policy whereby a
5 statewide or regional alert would be used in situations
6 relating to the disappearances of individuals, based on
7 criteria and in a format established by the Department.
8 Such a format shall include, but not be limited to, the
9 age of the missing person and the suspected circumstance
10 of the disappearance;
11 (3) notify all law enforcement agencies that
12 reports of missing persons shall be entered as soon as
13 the minimum level of data specified by the Department is
14 available to the reporting agency, and that no waiting
15 period for the entry of such data exists;
16 (4) compile and retain information regarding lost,
17 abducted, missing or runaway minors in a separate data
18 file, in a manner that allows such information to be used
19 by law enforcement and other agencies deemed appropriate
20 by the Director, for investigative purposes. Such
21 information shall include the disposition of all reported
22 lost, abducted, missing or runaway minor cases;
23 (5) compile and maintain an historic data
24 repository relating to lost, abducted, missing or runaway
25 minors and other missing persons in order to develop and
26 improve techniques utilized by law enforcement agencies
27 when responding to reports of missing persons; and
28 (6) create a quality control program regarding
29 confirmation of missing person data, timeliness of
30 entries of missing person reports into LEADS and
31 performance audits of all entering agencies.
32 25. On request of a school board or regional
33 superintendent of schools, to conduct an inquiry pursuant to
34 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
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1 an applicant for employment in a school district has been
2 convicted of any criminal or drug offenses enumerated in
3 Section 10-21.9 or 34-18.5 of the School Code. The
4 Department shall furnish such conviction information to the
5 President of the school board of the school district which
6 has requested the information, or if the information was
7 requested by the regional superintendent to that regional
8 superintendent.
9 26. To promulgate rules and regulations necessary for
10 the administration and enforcement of its powers and duties,
11 wherever granted and imposed, pursuant to the Illinois
12 Administrative Procedure Act.
13 27. To (a) promulgate rules pertaining to the
14 certification, revocation of certification and training of
15 law enforcement officers as electronic criminal surveillance
16 officers, (b) provide training and technical assistance to
17 State's Attorneys and local law enforcement agencies
18 pertaining to the interception of private oral
19 communications, (c) promulgate rules necessary for the
20 administration of Article 108B of the Code of Criminal
21 Procedure of 1963, including but not limited to standards for
22 recording and minimization of electronic criminal
23 surveillance intercepts, documentation required to be
24 maintained during an intercept, procedures in relation to
25 evidence developed by an intercept, and (d) charge a
26 reasonable fee to each law enforcement agency that sends
27 officers to receive training as electronic criminal
28 surveillance officers.
29 28. Upon the request of any private organization which
30 devotes a major portion of its time to the provision of
31 recreational, social, educational or child safety services to
32 children, to conduct, pursuant to positive identification,
33 criminal background investigations of all of that
34 organization's current employees, current volunteers,
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1 prospective employees or prospective volunteers charged with
2 the care and custody of children during the provision of the
3 organization's services, and to report to the requesting
4 organization any record of convictions maintained in the
5 Department's files about such persons. The Department shall
6 charge an application fee, based on actual costs, for the
7 dissemination of conviction information pursuant to this
8 subsection. The Department is empowered to establish this
9 fee and shall prescribe the form and manner for requesting
10 and furnishing conviction information pursuant to this
11 subsection. Information received by the organization from the
12 Department concerning an individual shall be provided to such
13 individual. Any such information obtained by the
14 organization shall be confidential and may not be transmitted
15 outside the organization and may not be transmitted to anyone
16 within the organization except as needed for the purpose of
17 evaluating the individual. Only information and standards
18 which bear a reasonable and rational relation to the
19 performance of child care shall be used by the organization.
20 Any employee of the Department or any member, employee or
21 volunteer of the organization receiving confidential
22 information under this subsection who gives or causes to be
23 given any confidential information concerning any criminal
24 convictions of an individual shall be guilty of a Class A
25 misdemeanor unless release of such information is authorized
26 by this subsection.
27 29. Upon the request of the Department of Children and
28 Family Services, to investigate reports of child abuse or
29 neglect.
30 30. To obtain registration of a fictitious vital record
31 pursuant to Section 15.1 of the Vital Records Act.
32 31. To collect and disseminate information relating to
33 "hate crimes" as defined under Section 12-7.1 of the Criminal
34 Code of 1961 contingent upon the availability of State or
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1 Federal funds to revise and upgrade the Illinois Uniform
2 Crime Reporting System. All law enforcement agencies shall
3 report monthly to the Department of State Police concerning
4 such offenses in such form and in such manner as may be
5 prescribed by rules and regulations adopted by the Department
6 of State Police. Such information shall be compiled by the
7 Department and be disseminated upon request to any local law
8 enforcement agency, unit of local government, or state
9 agency. Dissemination of such information shall be subject
10 to all confidentiality requirements otherwise imposed by law.
11 The Department of State Police shall provide training for
12 State Police officers in identifying, responding to, and
13 reporting all hate crimes. The Illinois Local Governmental
14 Law Enforcement Officer's Training Board shall develop and
15 certify a course of such training to be made available to
16 local law enforcement officers.
17 32. Upon the request of a private carrier company that
18 provides transportation under Section 28b of the Metropolitan
19 Transit Authority Act, to ascertain if an applicant for a
20 driver position has been convicted of any criminal or drug
21 offense enumerated in Section 28b of the Metropolitan Transit
22 Authority Act. The Department shall furnish the conviction
23 information to the private carrier company that requested the
24 information.
25 33. To apply for grants or contracts, receive, expend,
26 allocate, or disburse funds and moneys made available by
27 public or private entities, including, but not limited to,
28 contracts, bequests, grants, or receiving equipment from
29 corporations, foundations, or public or private institutions
30 of higher learning. All funds received by the Department
31 from these sources shall be deposited into the appropriate
32 fund in the State Treasury to be appropriated to the
33 Department for purposes as indicated by the grantor or
34 contractor or, in the case of funds or moneys bequeathed or
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1 granted for no specific purpose, for any purpose as deemed
2 appropriate by the Director in administering the
3 responsibilities of the Department.
4 34. Upon the request of the Department of Children and
5 Family Services, the Department of State Police shall provide
6 properly designated employees of the Department of Children
7 and Family Services with criminal history record information
8 as defined in the Illinois Uniform Conviction Information Act
9 and information maintained in the adjudicatory and
10 dispositional record system as defined in subdivision (A)19
11 of this Section if the Department of Children and Family
12 Services determines the information is necessary to perform
13 its duties under the Abused and Neglected Child Reporting
14 Act, the Child Care Act of 1969, and the Children and Family
15 Services Act. The request shall be in the form and manner
16 specified by the Department of State Police.
17 (B) The Department of State Police may establish and
18 maintain, within the Department of State Police, a Statewide
19 Organized Criminal Gang Database (SWORD) for the purpose of
20 tracking organized criminal gangs and their memberships.
21 Information in the database may include, but not be limited
22 to, the name, last known address, birth date, physical
23 descriptions (such as scars, marks, or tattoos), officer
24 safety information, organized gang affiliation, and entering
25 agency identifier. The Department may develop, in
26 consultation with the Criminal Justice Information Authority,
27 and in a form and manner prescribed by the Department, an
28 automated data exchange system to compile, to maintain, and
29 to make this information electronically available to
30 prosecutors and to other law enforcement agencies. The
31 information may be used by authorized agencies to combat the
32 operations of organized criminal gangs statewide.
33 (C) The Department of State Police may ascertain the
34 number of bilingual police officers and other personnel
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1 needed to provide services in a language other than English
2 and may establish, under applicable personnel rules and
3 Department guidelines or through a collective bargaining
4 agreement, a bilingual pay supplement program.
5 (D) The Department of State Police shall develop and
6 maintain an integrated Missing Child Rapid Response Network
7 that includes interested businesses and individuals. The
8 network shall facilitate the communication of information on
9 missing and endangered children by use of electronic
10 transmission of information to the private sector. Data that
11 identifies individuals or businesses as members of the
12 Missing Child Rapid Response Network including names,
13 addresses, internet addresses, telephone, and fax numbers are
14 private and shall not be made available to the public.
15 (Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)".