State of Illinois
91st General Assembly
Legislation

   [ Search ]   [ Legislation ]
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ Enrolled ][ House Amendment 001 ]

91_HB1224eng

 
HB1224 Engrossed                               LRB9101685MWgc

 1        AN ACT to amend the Civil Administrative Code of Illinois
 2    by changing Section 55a.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.  The Civil Administrative Code of Illinois is
 6    amended by changing Section 55a as follows:

 7        (20 ILCS 2605/55a) (from Ch. 127, par. 55a)
 8        (Text of Section before amendment by P.A. 90-590)
 9        Sec. 55a. Powers and duties.
10        (A)  The  Department  of  State  Police  shall  have  the
11    following powers and duties, and those set forth in  Sections
12    55a-1 through 55c:
13        1.  To  exercise the rights, powers and duties which have
14    been vested in the Department of Public Safety by  the  State
15    Police Act.
16        2.  To  exercise the rights, powers and duties which have
17    been vested in the Department of Public Safety by  the  State
18    Police Radio Act.
19        3.  To  exercise the rights, powers and duties which have
20    been vested  in  the  Department  of  Public  Safety  by  the
21    Criminal Identification Act.
22        4.  To (a) investigate the origins, activities, personnel
23    and  incidents of crime and the ways and means to redress the
24    victims  of  crimes,  and  study  the  impact,  if  any,   of
25    legislation  relative  to  the  effusion of crime and growing
26    crime rates, and enforce the  criminal  laws  of  this  State
27    related   thereto,   (b)  enforce  all  laws  regulating  the
28    production, sale, prescribing, manufacturing,  administering,
29    transporting,  having  in possession, dispensing, delivering,
30    distributing, or use of controlled substances  and  cannabis,
31    (c)   employ   skilled   experts,   scientists,  technicians,

 
HB1224 Engrossed            -2-                LRB9101685MWgc
 1    investigators or otherwise specially qualified persons to aid
 2    in preventing or detecting crime, apprehending criminals,  or
 3    preparing  and  presenting  evidence  of  violations  of  the
 4    criminal  laws of the State, (d) cooperate with the police of
 5    cities, villages and incorporated towns, and with the  police
 6    officers  of  any  county, in enforcing the laws of the State
 7    and in making arrests and recovering property, (e)  apprehend
 8    and  deliver up any person charged in this State or any other
 9    State of the United States with  treason,  felony,  or  other
10    crime,  who has fled from justice and is found in this State,
11    and (f) conduct such other investigations as may be  provided
12    by law. Persons exercising these powers within the Department
13    are conservators of the peace and as such have all the powers
14    possessed  by  policemen  in cities and sheriffs, except that
15    they may exercise  such  powers  anywhere  in  the  State  in
16    cooperation  with  and  after  contact  with  the  local  law
17    enforcement   officials.   Such  persons  may  use  false  or
18    fictitious names in the performance  of  their  duties  under
19    this  paragraph, upon approval of the Director, and shall not
20    be subject to prosecution under the criminal  laws  for  such
21    use.
22        5.  To:  (a)  be  a  central  repository and custodian of
23    criminal  statistics  for  the  State,  (b)  be   a   central
24    repository  for  criminal  history  record  information,  (c)
25    procure  and file for record such information as is necessary
26    and  helpful  to  plan  programs  of  crime  prevention,  law
27    enforcement and criminal justice, (d) procure  and  file  for
28    record  such  copies  of  fingerprints, as may be required by
29    law, (e) establish general and field crime laboratories,  (f)
30    register  and  file  for  record  such  information as may be
31    required  by  law  for  the  issuance  of   firearm   owner's
32    identification   cards,   (g)   employ  polygraph  operators,
33    laboratory technicians and other specially qualified  persons
34    to  aid  in  the identification of criminal activity, and (h)
 
HB1224 Engrossed            -3-                LRB9101685MWgc
 1    undertake such other identification, information, laboratory,
 2    statistical or registration activities as may be required  by
 3    law.
 4        6.  To   (a)  acquire  and  operate  one  or  more  radio
 5    broadcasting stations in the State  to  be  used  for  police
 6    purposes,  (b)  operate a statewide communications network to
 7    gather  and  disseminate  information  for  law   enforcement
 8    agencies,  (c)  operate  an  electronic  data  processing and
 9    computer  center  for  the  storage  and  retrieval  of  data
10    pertaining to criminal activity, and (d) undertake such other
11    communication activities as may be required by law.
12        7.  To provide, as may be required by law, assistance  to
13    local   law   enforcement   agencies  through  (a)  training,
14    management and consultant services for local law  enforcement
15    agencies, and (b) the pursuit of research and the publication
16    of studies pertaining to local law enforcement activities.
17        8.  To  exercise the rights, powers and duties which have
18    been vested  in  the  Department  of  State  Police  and  the
19    Director  of  the  Department of State Police by the Narcotic
20    Control Division Abolition Act.
21        9.  To exercise the rights, powers and duties which  have
22    been  vested  in  the  Department  of  Public  Safety  by the
23    Illinois Vehicle Code.
24        10.  To exercise the rights, powers and duties which have
25    been vested in the Department of Public Safety by the Firearm
26    Owners Identification Card Act.
27        11.  To  enforce  and  administer  such  other  laws   in
28    relation   to  law  enforcement  as  may  be  vested  in  the
29    Department.
30        12.  To transfer jurisdiction  of  any  realty  title  to
31    which  is  held by the State of Illinois under the control of
32    the  Department  to  any  other  department  of   the   State
33    government  or  to the State Employees Housing Commission, or
34    to acquire  or  accept  Federal  land,  when  such  transfer,
 
HB1224 Engrossed            -4-                LRB9101685MWgc
 1    acquisition or acceptance is advantageous to the State and is
 2    approved in writing by the Governor.
 3        13.  With  the written approval of the Governor, to enter
 4    into agreements with other departments created by  this  Act,
 5    for the furlough of inmates of the penitentiary to such other
 6    departments   for   their  use  in  research  programs  being
 7    conducted by them.
 8        For  the  purpose  of  participating  in  such   research
 9    projects,  the  Department  may  extend  the  limits  of  any
10    inmate's place of confinement, when there is reasonable cause
11    to  believe  that  the  inmate will honor his or her trust by
12    authorizing the inmate, under prescribed conditions, to leave
13    the confines of the place unaccompanied by a custodial  agent
14    of  the Department. The Department shall make rules governing
15    the transfer of the inmate to the requesting other department
16    having the approved research project, and the return of  such
17    inmate  to  the unextended confines of the penitentiary. Such
18    transfer shall be made only with the consent of the inmate.
19        The willful failure of a prisoner to  remain  within  the
20    extended limits of his or her confinement or to return within
21    the  time  or  manner  prescribed to the place of confinement
22    designated by the Department in granting such extension shall
23    be deemed an  escape  from  custody  of  the  Department  and
24    punishable  as  provided in Section 3-6-4 of the Unified Code
25    of Corrections.
26        14.  To provide investigative services, with all  of  the
27    powers  possessed by policemen in cities and sheriffs, in and
28    around all race tracks subject to the  Horse  Racing  Act  of
29    1975.
30        15.  To  expend such sums as the Director deems necessary
31    from Contractual Services appropriations for the Division  of
32    Criminal  Investigation  for the purchase of evidence and for
33    the employment of persons to obtain evidence. Such sums shall
34    be advanced to agents authorized by the  Director  to  expend
 
HB1224 Engrossed            -5-                LRB9101685MWgc
 1    funds, on vouchers signed by the Director.
 2        16.  To  assist  victims  and  witnesses  in  gang  crime
 3    prosecutions through the administration of funds appropriated
 4    from  the  Gang  Violence  Victims  and Witnesses Fund to the
 5    Department.   Such  funds  shall  be  appropriated   to   the
 6    Department  and  shall  only  be  used  to assist victims and
 7    witnesses in gang crime prosecutions and such assistance  may
 8    include any of the following:
 9             (a)  temporary living costs;
10             (b)  moving expenses;
11             (c)  closing costs on the sale of private residence;
12             (d)  first month's rent;
13             (e)  security deposits;
14             (f)  apartment location assistance;
15             (g)  other  expenses  which the Department considers
16        appropriate; and
17             (h)  compensation for any loss of or injury to  real
18        or  personal  property  resulting  from a gang crime to a
19        maximum of $5,000, subject to the following provisions:
20                  (1)  in the  case  of  loss  of  property,  the
21             amount  of  compensation  shall  be  measured by the
22             replacement cost of similar or like  property  which
23             has  been  incurred by and which is substantiated by
24             the property owner,
25                  (2)  in the case of  injury  to  property,  the
26             amount of compensation shall be measured by the cost
27             of repair incurred and which can be substantiated by
28             the property owner,
29                  (3)  compensation  under  this  provision  is a
30             secondary  source  of  compensation  and  shall   be
31             reduced  by  any  amount the property owner receives
32             from any other source as compensation for  the  loss
33             or  injury,  including, but not limited to, personal
34             insurance coverage,
 
HB1224 Engrossed            -6-                LRB9101685MWgc
 1                  (4)  no compensation  may  be  awarded  if  the
 2             property  owner  was an offender or an accomplice of
 3             the offender, or if the award would unjustly benefit
 4             the offender or offenders, or an accomplice  of  the
 5             offender or offenders.
 6        No victim or witness may receive such assistance if he or
 7    she  is  not  a  part  of  or fails to fully cooperate in the
 8    prosecution  of  gang  crime  members  by   law   enforcement
 9    authorities.
10        The  Department  shall promulgate any rules necessary for
11    the implementation of this amendatory Act of 1985.
12        17.  To conduct arson investigations.
13        18.  To develop a separate statewide  statistical  police
14    contact  record  keeping  system  for  the  study of juvenile
15    delinquency. The records of this police contact system  shall
16    be  limited  to  statistical  information.   No  individually
17    identifiable  information  shall  be maintained in the police
18    contact statistical record system.
19        19.  To develop a separate statewide central adjudicatory
20    and dispositional records system for persons under  19  years
21    of  age  who  have  been adjudicated delinquent minors and to
22    make information available to local registered  participating
23    police  youth  officers so that police youth officers will be
24    able to obtain rapid access to the juvenile's background from
25    other jurisdictions to the end that the police youth officers
26    can make appropriate dispositions which will best  serve  the
27    interest   of  the  child  and  the  community.   Information
28    maintained  in  the  adjudicatory  and  dispositional  record
29    system shall be limited to  the  incidents  or  offenses  for
30    which  the minor was adjudicated delinquent by a court, and a
31    copy of the court's dispositional  order.   All  individually
32    identifiable  records  in  the adjudicatory and dispositional
33    records system shall be destroyed when the person reaches  19
34    years of age.
 
HB1224 Engrossed            -7-                LRB9101685MWgc
 1        20.  To develop rules which guarantee the confidentiality
 2    of    such   individually   identifiable   adjudicatory   and
 3    dispositional records except when used for the following:
 4             (a)  by authorized juvenile court personnel  or  the
 5        State's Attorney in connection with proceedings under the
 6        Juvenile Court Act of 1987; or
 7             (b)  inquiries    from   registered   police   youth
 8        officers.
 9        For the purposes of this Act "police youth officer" means
10    a member of a  duly  organized  State,  county  or  municipal
11    police  force  who  is assigned by his or her Superintendent,
12    Sheriff or chief of police, as the case may be, to specialize
13    in youth problems.
14        21.  To develop administrative rules  and  administrative
15    hearing  procedures which allow a minor, his or her attorney,
16    and his or her parents or  guardian  access  to  individually
17    identifiable  adjudicatory  and dispositional records for the
18    purpose of determining or challenging  the  accuracy  of  the
19    records.  Final  administrative decisions shall be subject to
20    the provisions of the Administrative Review Law.
21        22.  To charge,  collect,  and  receive  fees  or  moneys
22    equivalent  to  the  cost  of  providing  Department of State
23    Police  personnel,   equipment,   and   services   to   local
24    governmental  agencies  when  explicitly requested by a local
25    governmental agency  and  pursuant  to  an  intergovernmental
26    agreement  as provided by this Section, other State agencies,
27    and federal agencies, including but not limited  to  fees  or
28    moneys  equivalent  to  the  cost  of  providing  dispatching
29    services,  radio  and  radar  repair,  and  training to local
30    governmental agencies on such terms and conditions as in  the
31    judgment  of  the  Director  are  in the best interest of the
32    State; and to establish, charge, collect and receive fees  or
33    moneys  based  on the cost of providing responses to requests
34    for criminal history record information pursuant to  positive
 
HB1224 Engrossed            -8-                LRB9101685MWgc
 1    identification  and  any  Illinois or federal law authorizing
 2    access to some aspect of such information  and  to  prescribe
 3    the  form  and  manner  for  requesting  and  furnishing such
 4    information to the requestor on such terms and conditions  as
 5    in  the  judgment of the Director are in the best interest of
 6    the  State,  provided  fees  for  requesting  and  furnishing
 7    criminal  history  record  information  may  be  waived   for
 8    requests  in the due administration of the criminal laws. The
 9    Department may also  charge,  collect  and  receive  fees  or
10    moneys  equivalent  to  the cost of providing electronic data
11    processing lines or  related  telecommunication  services  to
12    local  governments,  but  only  when  such  services  can  be
13    provided   by  the  Department  at  a  cost  less  than  that
14    experienced by said local governments  through  other  means.
15    All  services  provided  by the Department shall be conducted
16    pursuant   to    contracts    in    accordance    with    the
17    Intergovernmental  Cooperation Act, and all telecommunication
18    services shall be provided  pursuant  to  the  provisions  of
19    Section 67.18 of this Code.
20        All fees received by the Department of State Police under
21    this  Act  or the Illinois Uniform Conviction Information Act
22    shall be deposited in a special fund in the State Treasury to
23    be known  as  the  State  Police  Services  Fund.  The  money
24    deposited   in  the  State  Police  Services  Fund  shall  be
25    appropriated to the Department of State Police  for  expenses
26    of the Department of State Police.
27        Upon  the  completion  of  any audit of the Department of
28    State Police as prescribed by  the  Illinois  State  Auditing
29    Act,  which  audit  includes  an  audit  of  the State Police
30    Services Fund, the Department of State Police shall make  the
31    audit open to inspection by any interested person.
32        23.  To  exercise the powers and perform the duties which
33    have been vested in the Department of  State  Police  by  the
34    Intergovernmental  Missing Child Recovery Act of 1984, and to
 
HB1224 Engrossed            -9-                LRB9101685MWgc
 1    establish  reasonable  rules  and  regulations   necessitated
 2    thereby.
 3        24. (a)  To   establish  and  maintain  a  statewide  Law
 4    Enforcement Agencies Data System (LEADS) for the  purpose  of
 5    providing   electronic   access  by  authorized  entities  to
 6    criminal justice data repositories and effecting an immediate
 7    law enforcement  response  to  reports  of  missing  persons,
 8    including  lost,  missing  or runaway minors.  The Department
 9    shall implement an automatic data exchange system to compile,
10    to maintain and to make available to  other  law  enforcement
11    agencies  for  immediate  dissemination data which can assist
12    appropriate  agencies  in  recovering  missing  persons   and
13    provide   access  by  authorized  entities  to  various  data
14    repositories available through LEADS for criminal justice and
15    related purposes.  To assist the Department in  this  effort,
16    funds may be appropriated from the LEADS Maintenance Fund.
17        (b)  In  exercising its duties under this subsection, the
18    Department shall:
19             (1)  provide a  uniform  reporting  format  for  the
20        entry  of pertinent information regarding the report of a
21        missing person into LEADS;
22             (2)  develop  and  implement  a  policy  whereby   a
23        statewide  or  regional alert would be used in situations
24        relating to the disappearances of individuals,  based  on
25        criteria  and  in a format established by the Department.
26        Such a format shall include, but not be limited  to,  the
27        age  of the missing person and the suspected circumstance
28        of the disappearance;
29             (3)  notify  all  law  enforcement   agencies   that
30        reports  of  missing  persons shall be entered as soon as
31        the minimum level of data specified by the Department  is
32        available  to  the  reporting agency, and that no waiting
33        period for the entry of such data exists;
34             (4)  compile and retain information regarding  lost,
 
HB1224 Engrossed            -10-               LRB9101685MWgc
 1        abducted,  missing  or  runaway minors in a separate data
 2        file, in a manner that allows such information to be used
 3        by law enforcement and other agencies deemed  appropriate
 4        by   the  Director,  for  investigative  purposes.   Such
 5        information shall include the disposition of all reported
 6        lost, abducted, missing or runaway minor cases;
 7             (5)  compile   and   maintain   an   historic   data
 8        repository relating to lost, abducted, missing or runaway
 9        minors and other missing persons in order to develop  and
10        improve  techniques  utilized by law enforcement agencies
11        when responding to reports of missing persons; and
12             (6)  create  a  quality  control  program  regarding
13        confirmation  of  missing  person  data,  timeliness   of
14        entries   of   missing  person  reports  into  LEADS  and
15        performance audits of all entering agencies.
16        25.  On  request  of   a   school   board   or   regional
17    superintendent  of schools, to conduct an inquiry pursuant to
18    Section 10-21.9 or 34-18.5 of the School Code to ascertain if
19    an applicant for employment in a  school  district  has  been
20    convicted  of  any  criminal  or  drug offenses enumerated in
21    Section  10-21.9  or  34-18.5  of  the  School   Code.    The
22    Department  shall  furnish such conviction information to the
23    President of the school board of the  school  district  which
24    has  requested  the  information,  or  if the information was
25    requested by the regional  superintendent  to  that  regional
26    superintendent.
27        26.  To  promulgate  rules  and regulations necessary for
28    the administration and enforcement of its powers and  duties,
29    wherever  granted  and  imposed,  pursuant  to  the  Illinois
30    Administrative Procedure Act.
31        27.  To   (a)   promulgate   rules   pertaining   to  the
32    certification, revocation of certification  and  training  of
33    law  enforcement officers as electronic criminal surveillance
34    officers, (b) provide training and  technical  assistance  to
 
HB1224 Engrossed            -11-               LRB9101685MWgc
 1    State's   Attorneys   and   local  law  enforcement  agencies
 2    pertaining   to   the   interception    of    private    oral
 3    communications,   (c)  promulgate  rules  necessary  for  the
 4    administration of  Article  108B  of  the  Code  of  Criminal
 5    Procedure of 1963, including but not limited to standards for
 6    recording    and    minimization   of   electronic   criminal
 7    surveillance  intercepts,  documentation   required   to   be
 8    maintained  during  an  intercept,  procedures in relation to
 9    evidence  developed  by  an  intercept,  and  (d)  charge   a
10    reasonable  fee  to  each  law  enforcement agency that sends
11    officers  to  receive   training   as   electronic   criminal
12    surveillance officers.
13        28.  Upon  the  request of any private organization which
14    devotes a major portion of  its  time  to  the  provision  of
15    recreational, social, educational or child safety services to
16    children,  to  conduct,  pursuant to positive identification,
17    criminal   background   investigations   of   all   of   that
18    organization's   current   employees,   current   volunteers,
19    prospective employees or prospective volunteers charged  with
20    the  care and custody of children during the provision of the
21    organization's services, and  to  report  to  the  requesting
22    organization  any  record  of  convictions  maintained in the
23    Department's files about such persons.  The Department  shall
24    charge  an  application  fee,  based on actual costs, for the
25    dissemination of  conviction  information  pursuant  to  this
26    subsection.   The  Department  is empowered to establish this
27    fee and shall prescribe the form and  manner  for  requesting
28    and   furnishing  conviction  information  pursuant  to  this
29    subsection. Information received by the organization from the
30    Department concerning an individual shall be provided to such
31    individual.    Any   such   information   obtained   by   the
32    organization shall be confidential and may not be transmitted
33    outside the organization and may not be transmitted to anyone
34    within the organization except as needed for the  purpose  of
 
HB1224 Engrossed            -12-               LRB9101685MWgc
 1    evaluating  the  individual.  Only  information and standards
 2    which  bear  a  reasonable  and  rational  relation  to   the
 3    performance  of child care shall be used by the organization.
 4    Any employee of the Department or  any  member,  employee  or
 5    volunteer   of   the   organization   receiving  confidential
 6    information under this subsection who gives or causes  to  be
 7    given  any  confidential  information concerning any criminal
 8    convictions of an individual shall be guilty  of  a  Class  A
 9    misdemeanor  unless release of such information is authorized
10    by this subsection.
11        29.  Upon the request of the Department of  Children  and
12    Family  Services,  to  investigate  reports of child abuse or
13    neglect.
14        30.  To obtain registration of a fictitious vital  record
15    pursuant to Section 15.1 of the Vital Records Act.
16        31.  To  collect  and disseminate information relating to
17    "hate crimes" as defined under Section 12-7.1 of the Criminal
18    Code of 1961 contingent upon the  availability  of  State  or
19    Federal  funds  to  revise  and  upgrade the Illinois Uniform
20    Crime Reporting System.  All law enforcement  agencies  shall
21    report  monthly  to the Department of State Police concerning
22    such offenses in such form and  in  such  manner  as  may  be
23    prescribed by rules and regulations adopted by the Department
24    of  State  Police.  Such information shall be compiled by the
25    Department and be disseminated upon request to any local  law
26    enforcement  agency,  unit  of  local  government,  or  state
27    agency.   Dissemination  of such information shall be subject
28    to all confidentiality requirements otherwise imposed by law.
29    The Department of State Police  shall  provide  training  for
30    State  Police  officers  in  identifying,  responding to, and
31    reporting all hate crimes. The  Illinois  Local  Governmental
32    Law  Enforcement  Officer's  Training  Standards  Board shall
33    develop and certify a course of  such  training  to  be  made
34    available to local law enforcement officers.
 
HB1224 Engrossed            -13-               LRB9101685MWgc
 1        32.  Upon  the  request of a private carrier company that
 2    provides transportation under Section 28b of the Metropolitan
 3    Transit Authority Act, to ascertain if  an  applicant  for  a
 4    driver  position  has  been convicted of any criminal or drug
 5    offense enumerated in Section 28b of the Metropolitan Transit
 6    Authority Act.  The Department shall furnish  the  conviction
 7    information to the private carrier company that requested the
 8    information.
 9        33.  To  apply  for grants or contracts, receive, expend,
10    allocate, or disburse funds  and  moneys  made  available  by
11    public  or  private  entities, including, but not limited to,
12    contracts, bequests,  grants,  or  receiving  equipment  from
13    corporations,  foundations, or public or private institutions
14    of higher learning.  All funds  received  by  the  Department
15    from  these  sources  shall be deposited into the appropriate
16    fund  in  the  State  Treasury  to  be  appropriated  to  the
17    Department for  purposes  as  indicated  by  the  grantor  or
18    contractor  or,  in the case of funds or moneys bequeathed or
19    granted for no specific purpose, for any  purpose  as  deemed
20    appropriate    by   the   Director   in   administering   the
21    responsibilities of the Department.
22        34.  Upon the request of the Department of  Children  and
23    Family Services, the Department of State Police shall provide
24    properly  designated  employees of the Department of Children
25    and Family Services with criminal history record  information
26    as defined in the Illinois Uniform Conviction Information Act
27    and   information   maintained   in   the   adjudicatory  and
28    dispositional record system as defined in  subdivision  (A)19
29    of  this  Section  if  the  Department of Children and Family
30    Services determines the information is necessary  to  perform
31    its  duties  under  the  Abused and Neglected Child Reporting
32    Act, the Child Care Act of 1969, and the Children and  Family
33    Services  Act.   The  request shall be in the form and manner
34    specified by the Department of State Police.
 
HB1224 Engrossed            -14-               LRB9101685MWgc
 1        35.  The  Illinois  Department  of  Public  Aid   is   an
 2    authorized  entity  under  this  Section  for  the purpose of
 3    obtaining  access  to  various  data  repositories  available
 4    through LEADS, to facilitate the location of individuals  for
 5    establishing  paternity,  and  establishing,  modifying,  and
 6    enforcing child support obligations, pursuant to the Illinois
 7    Public  Aid  Code and Title IV, Part D of the Social Security
 8    Act.  The Department shall enter into an agreement  with  the
 9    Illinois  Department  of  Public  Aid  consistent  with these
10    purposes.
11        36.  Upon request of the Department of Human Services, to
12    conduct an assessment  and  evaluation  of  sexually  violent
13    persons   as   mandated   by  the  Sexually  Violent  Persons
14    Commitment Act, the Department shall furnish criminal history
15    information maintained on the requested person.  The  request
16    shall be in the form and manner specified by the Department.
17        37.  Upon  the  request  of the chief of a volunteer fire
18    department, the Department shall conduct criminal  background
19    investigations  of prospective firefighters and report to the
20    requesting chief any record of convictions maintained in  the
21    Department's  files  about those persons.  The Department may
22    charge a fee, based on actual costs, for the dissemination of
23    conviction information under this paragraph.  The  Department
24    may   prescribe  the  form  and  manner  for  requesting  and
25    furnishing conviction information under this paragraph.
26        (B)  The Department of State  Police  may  establish  and
27    maintain,  within the Department of State Police, a Statewide
28    Organized Criminal Gang Database (SWORD) for the  purpose  of
29    tracking  organized  criminal  gangs  and  their memberships.
30    Information in the database may include, but not  be  limited
31    to,  the  name,  last  known  address,  birth  date, physical
32    descriptions (such as  scars,  marks,  or  tattoos),  officer
33    safety  information, organized gang affiliation, and entering
34    agency  identifier.    The   Department   may   develop,   in
 
HB1224 Engrossed            -15-               LRB9101685MWgc
 1    consultation with the Criminal Justice Information Authority,
 2    and  in  a  form  and manner prescribed by the Department, an
 3    automated data exchange system to compile, to  maintain,  and
 4    to   make   this   information  electronically  available  to
 5    prosecutors and  to  other  law  enforcement  agencies.   The
 6    information  may be used by authorized agencies to combat the
 7    operations of organized criminal gangs statewide.
 8        (C)  The Department of State  Police  may  ascertain  the
 9    number  of  bilingual  police  officers  and  other personnel
10    needed to provide services in a language other  than  English
11    and  may  establish,  under  applicable  personnel  rules and
12    Department guidelines  or  through  a  collective  bargaining
13    agreement, a bilingual pay supplement program.
14    (Source:  P.A.  89-54,  eff.  6-30-95;  90-18,  eff.  7-1-97;
15    90-130,  eff.  1-1-98;  90-372,  eff.  7-1-98;  90-655,  eff.
16    7-30-98; 90-793, eff. 8-14-98; revised 10-6-98.)

17        (Text of Section after amendment by P.A. 90-590)
18        Sec. 55a. Powers and duties.
19        (A)  The  Department  of  State  Police  shall  have  the
20    following  powers and duties, and those set forth in Sections
21    55a-1 through 55c:
22        1.  To exercise the rights, powers and duties which  have
23    been  vested  in the Department of Public Safety by the State
24    Police Act.
25        2.  To exercise the rights, powers and duties which  have
26    been  vested  in the Department of Public Safety by the State
27    Police Radio Act.
28        3.  To exercise the rights, powers and duties which  have
29    been  vested  in  the  Department  of  Public  Safety  by the
30    Criminal Identification Act.
31        4.  To (a) investigate the origins, activities, personnel
32    and incidents of crime and the ways and means to redress  the
33    victims   of  crimes,  and  study  the  impact,  if  any,  of
34    legislation relative to the effusion  of  crime  and  growing
 
HB1224 Engrossed            -16-               LRB9101685MWgc
 1    crime  rates,  and  enforce  the  criminal laws of this State
 2    related  thereto,  (b)  enforce  all  laws   regulating   the
 3    production,  sale, prescribing, manufacturing, administering,
 4    transporting, having in possession,  dispensing,  delivering,
 5    distributing,  or  use of controlled substances and cannabis,
 6    (c)  employ   skilled   experts,   scientists,   technicians,
 7    investigators or otherwise specially qualified persons to aid
 8    in  preventing or detecting crime, apprehending criminals, or
 9    preparing  and  presenting  evidence  of  violations  of  the
10    criminal laws of the State, (d) cooperate with the police  of
11    cities,  villages and incorporated towns, and with the police
12    officers of any county, in enforcing the laws  of  the  State
13    and  in making arrests and recovering property, (e) apprehend
14    and deliver up any person charged in this State or any  other
15    State  of  the  United  States with treason, felony, or other
16    crime, who has fled from justice and is found in this  State,
17    and  (f) conduct such other investigations as may be provided
18    by law. Persons exercising these powers within the Department
19    are conservators of the peace and as such have all the powers
20    possessed by policemen in cities and  sheriffs,  except  that
21    they  may  exercise  such  powers  anywhere  in  the State in
22    cooperation  with  and  after  contact  with  the  local  law
23    enforcement  officials.  Such  persons  may  use   false   or
24    fictitious  names  in  the  performance of their duties under
25    this paragraph, upon approval of the Director, and shall  not
26    be  subject  to  prosecution under the criminal laws for such
27    use.
28        5.  To: (a) be a  central  repository  and  custodian  of
29    criminal   statistics   for  the  State,  (b)  be  a  central
30    repository  for  criminal  history  record  information,  (c)
31    procure and file for record such information as is  necessary
32    and  helpful  to  plan  programs  of  crime  prevention,  law
33    enforcement  and  criminal  justice, (d) procure and file for
34    record such copies of fingerprints, as  may  be  required  by
 
HB1224 Engrossed            -17-               LRB9101685MWgc
 1    law,  (e) establish general and field crime laboratories, (f)
 2    register and file for  record  such  information  as  may  be
 3    required   by   law  for  the  issuance  of  firearm  owner's
 4    identification  cards,  (g)   employ   polygraph   operators,
 5    laboratory  technicians and other specially qualified persons
 6    to aid in the identification of criminal  activity,  and  (h)
 7    undertake such other identification, information, laboratory,
 8    statistical  or registration activities as may be required by
 9    law.
10        6.  To  (a)  acquire  and  operate  one  or  more   radio
11    broadcasting  stations  in  the  State  to be used for police
12    purposes, (b) operate a statewide communications  network  to
13    gather   and  disseminate  information  for  law  enforcement
14    agencies, (c)  operate  an  electronic  data  processing  and
15    computer  center  for  the  storage  and  retrieval  of  data
16    pertaining to criminal activity, and (d) undertake such other
17    communication activities as may be required by law.
18        7.  To  provide, as may be required by law, assistance to
19    local  law  enforcement  agencies   through   (a)   training,
20    management  and consultant services for local law enforcement
21    agencies, and (b) the pursuit of research and the publication
22    of studies pertaining to local law enforcement activities.
23        8.  To exercise the rights, powers and duties which  have
24    been  vested  in  the  Department  of  State  Police  and the
25    Director of the Department of State Police  by  the  Narcotic
26    Control Division Abolition Act.
27        9.  To  exercise the rights, powers and duties which have
28    been vested  in  the  Department  of  Public  Safety  by  the
29    Illinois Vehicle Code.
30        10.  To exercise the rights, powers and duties which have
31    been vested in the Department of Public Safety by the Firearm
32    Owners Identification Card Act.
33        11.  To   enforce  and  administer  such  other  laws  in
34    relation  to  law  enforcement  as  may  be  vested  in   the
 
HB1224 Engrossed            -18-               LRB9101685MWgc
 1    Department.
 2        12.  To  transfer  jurisdiction  of  any  realty title to
 3    which is held by the State of Illinois under the  control  of
 4    the   Department   to  any  other  department  of  the  State
 5    government or to the State Employees Housing  Commission,  or
 6    to  acquire  or  accept  Federal  land,  when  such transfer,
 7    acquisition or acceptance is advantageous to the State and is
 8    approved in writing by the Governor.
 9        13.  With the written approval of the Governor, to  enter
10    into  agreements  with other departments created by this Act,
11    for the furlough of inmates of the penitentiary to such other
12    departments  for  their  use  in  research   programs   being
13    conducted by them.
14        For   the  purpose  of  participating  in  such  research
15    projects,  the  Department  may  extend  the  limits  of  any
16    inmate's place of confinement, when there is reasonable cause
17    to believe that the inmate will honor his  or  her  trust  by
18    authorizing the inmate, under prescribed conditions, to leave
19    the  confines of the place unaccompanied by a custodial agent
20    of the Department. The Department shall make rules  governing
21    the transfer of the inmate to the requesting other department
22    having  the approved research project, and the return of such
23    inmate to the unextended confines of the  penitentiary.  Such
24    transfer shall be made only with the consent of the inmate.
25        The  willful  failure  of a prisoner to remain within the
26    extended limits of his or her confinement or to return within
27    the time or manner prescribed to  the  place  of  confinement
28    designated by the Department in granting such extension shall
29    be  deemed  an  escape  from  custody  of  the Department and
30    punishable as provided in Section 3-6-4 of the  Unified  Code
31    of Corrections.
32        14.  To  provide  investigative services, with all of the
33    powers possessed by policemen in cities and sheriffs, in  and
34    around  all  race  tracks  subject to the Horse Racing Act of
 
HB1224 Engrossed            -19-               LRB9101685MWgc
 1    1975.
 2        15.  To expend such sums as the Director deems  necessary
 3    from  Contractual Services appropriations for the Division of
 4    Criminal Investigation for the purchase of evidence  and  for
 5    the employment of persons to obtain evidence. Such sums shall
 6    be  advanced  to  agents authorized by the Director to expend
 7    funds, on vouchers signed by the Director.
 8        16.  To  assist  victims  and  witnesses  in  gang  crime
 9    prosecutions through the administration of funds appropriated
10    from the Gang Violence Victims  and  Witnesses  Fund  to  the
11    Department.    Such   funds  shall  be  appropriated  to  the
12    Department and shall only  be  used  to  assist  victims  and
13    witnesses  in gang crime prosecutions and such assistance may
14    include any of the following:
15             (a)  temporary living costs;
16             (b)  moving expenses;
17             (c)  closing costs on the sale of private residence;
18             (d)  first month's rent;
19             (e)  security deposits;
20             (f)  apartment location assistance;
21             (g)  other expenses which the  Department  considers
22        appropriate; and
23             (h)  compensation  for any loss of or injury to real
24        or personal property resulting from a  gang  crime  to  a
25        maximum of $5,000, subject to the following provisions:
26                  (1)  in  the  case  of  loss  of  property, the
27             amount of compensation  shall  be  measured  by  the
28             replacement  cost  of similar or like property which
29             has been incurred by and which is  substantiated  by
30             the property owner,
31                  (2)  in  the  case  of  injury to property, the
32             amount of compensation shall be measured by the cost
33             of repair incurred and which can be substantiated by
34             the property owner,
 
HB1224 Engrossed            -20-               LRB9101685MWgc
 1                  (3)  compensation under  this  provision  is  a
 2             secondary   source  of  compensation  and  shall  be
 3             reduced by any amount the  property  owner  receives
 4             from  any  other source as compensation for the loss
 5             or injury, including, but not limited  to,  personal
 6             insurance coverage,
 7                  (4)  no  compensation  may  be  awarded  if the
 8             property owner was an offender or an  accomplice  of
 9             the offender, or if the award would unjustly benefit
10             the  offender  or offenders, or an accomplice of the
11             offender or offenders.
12        No victim or witness may receive such assistance if he or
13    she is not a part of or  fails  to  fully  cooperate  in  the
14    prosecution   of   gang  crime  members  by  law  enforcement
15    authorities.
16        The Department shall promulgate any rules  necessary  for
17    the implementation of this amendatory Act of 1985.
18        17.  To conduct arson investigations.
19        18.  To  develop  a separate statewide statistical police
20    contact record keeping  system  for  the  study  of  juvenile
21    delinquency.  The records of this police contact system shall
22    be  limited  to  statistical  information.   No  individually
23    identifiable information shall be maintained  in  the  police
24    contact statistical record system.
25        19.  To  develop  a  separate  statewide central juvenile
26    records system for persons arrested prior to the  age  of  17
27    under  Section  5-401  of  the  Juvenile Court Act of 1987 or
28    adjudicated  delinquent  minors  and  to   make   information
29    available  to  local  law  enforcement  officers  so that law
30    enforcement officers will be able to obtain rapid  access  to
31    the  background  of the minor from other jurisdictions to the
32    end that the juvenile police officers  can  make  appropriate
33    decisions which will best serve the interest of the child and
34    the  community.    The  Department  shall  submit a quarterly
 
HB1224 Engrossed            -21-               LRB9101685MWgc
 1    report to the  General  Assembly  and  Governor  which  shall
 2    contain  the  number  of juvenile records that the Department
 3    has received in that quarter and, a  list,  by  category,  of
 4    offenses  that  minors  were  arrested for or convicted of by
 5    age, race and gender.
 6        20.  To develop rules which guarantee the confidentiality
 7    of such individually identifiable juvenile records except  to
 8    juvenile  authorities  who request information concerning the
 9    minor and who certify in writing that  the  information  will
10    not  be disclosed to any other party except as provided under
11    law or  order  of  court.   For  purposes  of  this  Section,
12    "juvenile  authorities"  means:  (i)  a  judge of the circuit
13    court and members of the staff of the court designated by the
14    judge; (ii) parties to the  proceedings  under  the  Juvenile
15    Court  Act  of  1987  and  their  attorneys;  (iii) probation
16    officers and  court  appointed  advocates  for  the  juvenile
17    authorized by the judge hearing the case; (iv) any individual
18    or,  public  or of private agency having custody of the child
19    pursuant to court order; (v) any  individual  or,  public  or
20    private  agency providing education, medical or mental health
21    service to the child when the requested information is needed
22    to determine the appropriate service  or  treatment  for  the
23    minor;  (vi)  any  potential  placement  provider  when  such
24    release is authorized by the court for the limited purpose of
25    determining  the  appropriateness of the potential placement;
26    (vii) law enforcement officers and prosecutors; (viii)  adult
27    and juvenile prisoner review boards; (ix) authorized military
28    personnel;  (x)  individuals  authorized  by  court; (xi) the
29    Illinois General Assembly  or  any  committee  or  commission
30    thereof.
31        21.  To  develop  administrative rules and administrative
32    hearing procedures which allow a minor, his or her  attorney,
33    and  his  or  her  parents or guardian access to individually
34    identifiable juvenile records for the purpose of  determining
 
HB1224 Engrossed            -22-               LRB9101685MWgc
 1    or   challenging   the   accuracy   of  the  records.   Final
 2    administrative decisions shall be subject to  the  provisions
 3    of the Administrative Review Law.
 4        22.  To  charge,  collect,  and  receive  fees  or moneys
 5    equivalent to the  cost  of  providing  Department  of  State
 6    Police   personnel,   equipment,   and   services   to  local
 7    governmental agencies when explicitly requested  by  a  local
 8    governmental  agency  and  pursuant  to  an intergovernmental
 9    agreement as provided by this Section, other State  agencies,
10    and  federal  agencies,  including but not limited to fees or
11    moneys  equivalent  to  the  cost  of  providing  dispatching
12    services, radio and  radar  repair,  and  training  to  local
13    governmental  agencies on such terms and conditions as in the
14    judgment of the Director are in  the  best  interest  of  the
15    State;  and to establish, charge, collect and receive fees or
16    moneys based on the cost of providing responses  to  requests
17    for  criminal history record information pursuant to positive
18    identification and any Illinois or  federal  law  authorizing
19    access  to  some  aspect of such information and to prescribe
20    the form  and  manner  for  requesting  and  furnishing  such
21    information  to the requestor on such terms and conditions as
22    in the judgment of the Director are in the best  interest  of
23    the  State,  provided  fees  for  requesting  and  furnishing
24    criminal   history  record  information  may  be  waived  for
25    requests in the due administration of the criminal laws.  The
26    Department  may  also  charge,  collect  and  receive fees or
27    moneys equivalent to the cost of  providing  electronic  data
28    processing  lines  or  related  telecommunication services to
29    local  governments,  but  only  when  such  services  can  be
30    provided  by  the  Department  at  a  cost  less  than   that
31    experienced  by  said  local governments through other means.
32    All services provided by the Department  shall  be  conducted
33    pursuant    to    contracts    in    accordance    with   the
34    Intergovernmental Cooperation Act, and all  telecommunication
 
HB1224 Engrossed            -23-               LRB9101685MWgc
 1    services  shall  be  provided  pursuant  to the provisions of
 2    Section 67.18 of this Code.
 3        All fees received by the Department of State Police under
 4    this Act or the Illinois Uniform Conviction  Information  Act
 5    shall be deposited in a special fund in the State Treasury to
 6    be  known  as  the  State  Police  Services  Fund.  The money
 7    deposited  in  the  State  Police  Services  Fund  shall   be
 8    appropriated  to  the Department of State Police for expenses
 9    of the Department of State Police.
10        Upon the completion of any audit  of  the  Department  of
11    State  Police  as  prescribed  by the Illinois State Auditing
12    Act, which audit  includes  an  audit  of  the  State  Police
13    Services  Fund, the Department of State Police shall make the
14    audit open to inspection by any interested person.
15        23.  To exercise the powers and perform the duties  which
16    have  been  vested  in  the Department of State Police by the
17    Intergovernmental Missing Child Recovery Act of 1984, and  to
18    establish   reasonable  rules  and  regulations  necessitated
19    thereby.
20        24. (a)  To  establish  and  maintain  a  statewide   Law
21    Enforcement  Agencies  Data System (LEADS) for the purpose of
22    providing  electronic  access  by  authorized   entities   to
23    criminal justice data repositories and effecting an immediate
24    law  enforcement  response  to  reports  of  missing persons,
25    including lost, missing or runaway  minors.   The  Department
26    shall implement an automatic data exchange system to compile,
27    to  maintain  and  to make available to other law enforcement
28    agencies for immediate dissemination data  which  can  assist
29    appropriate   agencies  in  recovering  missing  persons  and
30    provide  access  by  authorized  entities  to  various   data
31    repositories available through LEADS for criminal justice and
32    related  purposes.   To assist the Department in this effort,
33    funds may be appropriated from the LEADS Maintenance Fund.
34        (b)  In exercising its duties under this subsection,  the
 
HB1224 Engrossed            -24-               LRB9101685MWgc
 1    Department shall:
 2             (1)  provide  a  uniform  reporting  format  for the
 3        entry of pertinent information regarding the report of  a
 4        missing person into LEADS;
 5             (2)  develop   and  implement  a  policy  whereby  a
 6        statewide or regional alert would be used  in  situations
 7        relating  to  the disappearances of individuals, based on
 8        criteria and in a format established by  the  Department.
 9        Such  a  format shall include, but not be limited to, the
10        age of the missing person and the suspected  circumstance
11        of the disappearance;
12             (3)  notify   all   law  enforcement  agencies  that
13        reports of missing persons shall be entered  as  soon  as
14        the  minimum level of data specified by the Department is
15        available to the reporting agency, and  that  no  waiting
16        period for the entry of such data exists;
17             (4)  compile  and retain information regarding lost,
18        abducted, missing or runaway minors in  a  separate  data
19        file, in a manner that allows such information to be used
20        by  law enforcement and other agencies deemed appropriate
21        by  the  Director,  for  investigative  purposes.    Such
22        information shall include the disposition of all reported
23        lost, abducted, missing or runaway minor cases;
24             (5)  compile   and   maintain   an   historic   data
25        repository relating to lost, abducted, missing or runaway
26        minors  and other missing persons in order to develop and
27        improve techniques utilized by law  enforcement  agencies
28        when responding to reports of missing persons; and
29             (6)  create  a  quality  control  program  regarding
30        confirmation   of  missing  person  data,  timeliness  of
31        entries  of  missing  person  reports  into   LEADS   and
32        performance audits of all entering agencies.
33        25.  On   request   of   a   school   board  or  regional
34    superintendent of schools, to conduct an inquiry pursuant  to
 
HB1224 Engrossed            -25-               LRB9101685MWgc
 1    Section 10-21.9 or 34-18.5 of the School Code to ascertain if
 2    an  applicant  for  employment  in a school district has been
 3    convicted of any criminal  or  drug  offenses  enumerated  in
 4    Section   10-21.9   or  34-18.5  of  the  School  Code.   The
 5    Department shall furnish such conviction information  to  the
 6    President  of  the  school board of the school district which
 7    has requested the information,  or  if  the  information  was
 8    requested  by  the  regional  superintendent to that regional
 9    superintendent.
10        26.  To promulgate rules and  regulations  necessary  for
11    the  administration and enforcement of its powers and duties,
12    wherever  granted  and  imposed,  pursuant  to  the  Illinois
13    Administrative Procedure Act.
14        27.  To  (a)   promulgate   rules   pertaining   to   the
15    certification,  revocation  of  certification and training of
16    law enforcement officers as electronic criminal  surveillance
17    officers,  (b)  provide  training and technical assistance to
18    State's  Attorneys  and  local   law   enforcement   agencies
19    pertaining    to    the    interception   of   private   oral
20    communications,  (c)  promulgate  rules  necessary  for   the
21    administration  of  Article  108B  of  the  Code  of Criminal
22    Procedure of 1963, including but not limited to standards for
23    recording   and   minimization   of    electronic    criminal
24    surveillance   intercepts,   documentation   required  to  be
25    maintained during an intercept,  procedures  in  relation  to
26    evidence   developed  by  an  intercept,  and  (d)  charge  a
27    reasonable fee to each  law  enforcement  agency  that  sends
28    officers   to   receive   training   as  electronic  criminal
29    surveillance officers.
30        28.  Upon the request of any private  organization  which
31    devotes  a  major  portion  of  its  time to the provision of
32    recreational, social, educational or child safety services to
33    children, to conduct, pursuant  to  positive  identification,
34    criminal   background   investigations   of   all   of   that
 
HB1224 Engrossed            -26-               LRB9101685MWgc
 1    organization's   current   employees,   current   volunteers,
 2    prospective  employees or prospective volunteers charged with
 3    the care and custody of children during the provision of  the
 4    organization's  services,  and  to  report  to the requesting
 5    organization any record  of  convictions  maintained  in  the
 6    Department's  files about such persons.  The Department shall
 7    charge an application fee, based on  actual  costs,  for  the
 8    dissemination  of  conviction  information  pursuant  to this
 9    subsection.  The Department is empowered  to  establish  this
10    fee  and  shall  prescribe the form and manner for requesting
11    and  furnishing  conviction  information  pursuant  to   this
12    subsection. Information received by the organization from the
13    Department concerning an individual shall be provided to such
14    individual.    Any   such   information   obtained   by   the
15    organization shall be confidential and may not be transmitted
16    outside the organization and may not be transmitted to anyone
17    within  the  organization except as needed for the purpose of
18    evaluating the individual.  Only  information  and  standards
19    which   bear  a  reasonable  and  rational  relation  to  the
20    performance of child care shall be used by the  organization.
21    Any  employee  of  the  Department or any member, employee or
22    volunteer  of   the   organization   receiving   confidential
23    information  under  this subsection who gives or causes to be
24    given any confidential information  concerning  any  criminal
25    convictions  of  an  individual  shall be guilty of a Class A
26    misdemeanor unless release of such information is  authorized
27    by this subsection.
28        29.  Upon  the  request of the Department of Children and
29    Family Services, to investigate reports  of  child  abuse  or
30    neglect.
31        30.  To  obtain registration of a fictitious vital record
32    pursuant to Section 15.1 of the Vital Records Act.
33        31.  To collect and disseminate information  relating  to
34    "hate crimes" as defined under Section 12-7.1 of the Criminal
 
HB1224 Engrossed            -27-               LRB9101685MWgc
 1    Code  of  1961  contingent  upon the availability of State or
 2    Federal funds to revise  and  upgrade  the  Illinois  Uniform
 3    Crime  Reporting  System.  All law enforcement agencies shall
 4    report monthly to the Department of State  Police  concerning
 5    such  offenses  in  such  form  and  in such manner as may be
 6    prescribed by rules and regulations adopted by the Department
 7    of State Police.  Such information shall be compiled  by  the
 8    Department  and be disseminated upon request to any local law
 9    enforcement  agency,  unit  of  local  government,  or  state
10    agency.  Dissemination of such information shall  be  subject
11    to all confidentiality requirements otherwise imposed by law.
12    The  Department  of  State  Police shall provide training for
13    State Police officers  in  identifying,  responding  to,  and
14    reporting  all  hate  crimes.  The  Illinois  Law Enforcement
15    Training Standards Board shall develop and certify  a  course
16    of   such   training  to  be  made  available  to  local  law
17    enforcement officers.
18        32.  Upon the request of a private carrier  company  that
19    provides transportation under Section 28b of the Metropolitan
20    Transit  Authority  Act,  to  ascertain if an applicant for a
21    driver position has been convicted of any  criminal  or  drug
22    offense enumerated in Section 28b of the Metropolitan Transit
23    Authority  Act.   The Department shall furnish the conviction
24    information to the private carrier company that requested the
25    information.
26        33.  To apply for grants or contracts,  receive,  expend,
27    allocate,  or  disburse  funds  and  moneys made available by
28    public or private entities, including, but  not  limited  to,
29    contracts,  bequests,  grants,  or  receiving  equipment from
30    corporations, foundations, or public or private  institutions
31    of  higher  learning.   All  funds received by the Department
32    from these sources shall be deposited  into  the  appropriate
33    fund  in  the  State  Treasury  to  be  appropriated  to  the
34    Department  for  purposes  as  indicated  by  the  grantor or
 
HB1224 Engrossed            -28-               LRB9101685MWgc
 1    contractor or, in the case of funds or moneys  bequeathed  or
 2    granted  for  no  specific purpose, for any purpose as deemed
 3    appropriate   by   the   Director   in   administering    the
 4    responsibilities of the Department.
 5        34.  Upon  the  request of the Department of Children and
 6    Family Services, the Department of State Police shall provide
 7    properly designated employees of the Department  of  Children
 8    and  Family Services with criminal history record information
 9    as defined in the Illinois Uniform Conviction Information Act
10    and information maintained in the Statewide Central  Juvenile
11    record system as defined in subdivision (A)19 of this Section
12    if  the Department of Children and Family Services determines
13    the information is necessary to perform its duties under  the
14    Abused  and Neglected Child Reporting Act, the Child Care Act
15    of 1969, and the  Children  and  Family  Services  Act.   The
16    request  shall  be  in  the  form and manner specified by the
17    Department of State Police.
18        35.  The  Illinois  Department  of  Public  Aid   is   an
19    authorized  entity  under  this  Section  for  the purpose of
20    exchanging information, in the form and  manner  required  by
21    the  Department  of State Police, obtaining access to various
22    data repositories available through LEADS, to facilitate  the
23    location  of  individuals  for  establishing  paternity,  and
24    establishing,   modifying,   and   enforcing   child  support
25    obligations, pursuant to the Illinois  Public  Aid  Code  and
26    Title  IV,  Part  Section  D of the Social Security Act.  The
27    Department shall enter into an agreement  with  the  Illinois
28    Department of Public Aid consistent with these purposes.
29        36.  Upon request of the Department of Human Services, to
30    conduct  an  assessment  and  evaluation  of sexually violent
31    persons  as  mandated  by  the   Sexually   Violent   Persons
32    Commitment Act, the Department shall furnish criminal history
33    information  maintained on the requested person.  The request
34    shall be in the form and manner specified by the Department.
 
HB1224 Engrossed            -29-               LRB9101685MWgc
 1        37.  Upon the request of the chief of  a  volunteer  fire
 2    department,  the Department shall conduct criminal background
 3    investigations of prospective firefighters and report to  the
 4    requesting  chief any record of convictions maintained in the
 5    Department's files about those persons.  The  Department  may
 6    charge a fee, based on actual costs, for the dissemination of
 7    conviction  information under this paragraph.  The Department
 8    may  prescribe  the  form  and  manner  for  requesting   and
 9    furnishing conviction information under this paragraph.
10        (B)  The  Department  of  State  Police may establish and
11    maintain, within the Department of State Police, a  Statewide
12    Organized  Criminal  Gang Database (SWORD) for the purpose of
13    tracking organized  criminal  gangs  and  their  memberships.
14    Information  in  the database may include, but not be limited
15    to, the  name,  last  known  address,  birth  date,  physical
16    descriptions  (such  as  scars,  marks,  or tattoos), officer
17    safety information, organized gang affiliation, and  entering
18    agency   identifier.    The   Department   may   develop,  in
19    consultation with the Criminal Justice Information Authority,
20    and in a form and manner prescribed  by  the  Department,  an
21    automated  data  exchange system to compile, to maintain, and
22    to  make  this  information   electronically   available   to
23    prosecutors  and  to  other  law  enforcement  agencies.  The
24    information may be used by authorized agencies to combat  the
25    operations of organized criminal gangs statewide.
26        (C)  The  Department  of  State  Police may ascertain the
27    number of  bilingual  police  officers  and  other  personnel
28    needed  to  provide services in a language other than English
29    and may  establish,  under  applicable  personnel  rules  and
30    Department  guidelines  or  through  a  collective bargaining
31    agreement, a bilingual pay supplement program.
32    (Source:  P.A.  89-54,  eff.  6-30-95;  90-18,  eff.  7-1-97;
33    90-130,  eff.  1-1-98;  90-372,  eff.  7-1-98;  90-590,  eff.
34    1-1-00; 90-655, eff. 7-30-98; 90-793, eff.  8-14-98;  revised
 
HB1224 Engrossed            -30-               LRB9101685MWgc
 1    10-6-98.)

 2        Section  95.   No  acceleration or delay.  Where this Act
 3    makes changes in a statute that is represented in this Act by
 4    text that is not yet or no longer in effect (for  example,  a
 5    Section  represented  by  multiple versions), the use of that
 6    text does not accelerate or delay the taking  effect  of  (i)
 7    the  changes made by this Act or (ii) provisions derived from
 8    any other Public Act.

[ Top ]