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Public Act 097-0402
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| HB1298 Enrolled | LRB097 02852 PJG 42874 b |
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AN ACT concerning finance.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 2. The Department of State Police Law of the
Civil |
Administrative Code of Illinois is amended by changing Section |
2605-375 as follows:
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(20 ILCS 2605/2605-375) (was 20 ILCS 2605/55a in part)
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Sec. 2605-375. Missing persons; Law Enforcement Agencies |
Data System
(LEADS).
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(a) To establish and maintain a statewide Law Enforcement
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Agencies Data System (LEADS) for the purpose of providing |
electronic access
by authorized entities to criminal justice |
data repositories and effecting an
immediate law enforcement |
response to reports of missing persons, including
lost, missing |
or runaway minors and missing endangered seniors. The |
Department shall implement an automatic
data exchange system to |
compile, to maintain, and to make available to
other law
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enforcement agencies for immediate dissemination data that can
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assist
appropriate agencies in recovering missing persons and |
provide access by
authorized entities to various data |
repositories available through LEADS for
criminal justice and |
related purposes. To assist the Department in
this effort, |
funds may be appropriated from the LEADS Maintenance Fund. |
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Funds may be appropriated from the LEADS Maintenance Fund to |
the Department to finance any of its lawful purposes or |
functions in relation to defraying the expenses associated with |
establishing, maintaining, and supporting the issuance of |
electronic citations.
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(b) In exercising its duties under this Section, the
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Department shall provide a uniform reporting format (LEADS) for |
the entry of pertinent
information regarding the report of a |
missing person into LEADS. The report must include all of the |
following:
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(1) Relevant information obtained from the |
notification concerning the missing person, including all |
of the following: |
(A) a physical description of the missing person; |
(B) the date, time, and place that the missing |
person was last seen; and |
(C) the missing person's address. |
(2) Information gathered by a preliminary |
investigation, if one was made. |
(3) A statement by the law enforcement officer in |
charge stating the officer's assessment of the case based |
on the evidence and information received. |
(b-5) The Department of State Police shall:
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(1) Develop and implement a policy whereby a statewide |
or regional alert
would be used in situations relating to |
the disappearances of individuals,
based on criteria and in |
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a format established by the Department. Such a
format shall |
include, but not be limited to, the age of the missing |
person
and the suspected circumstance of the |
disappearance.
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(2) Notify all law enforcement agencies that reports of |
missing persons
shall be entered as soon as the minimum |
level of data specified by the
Department is available to |
the reporting agency and that no waiting period
for the |
entry of the data exists.
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(3) Compile and retain information regarding lost, |
abducted, missing,
or
runaway minors in a separate data |
file, in a manner that allows that
information to be used |
by law enforcement and other agencies deemed
appropriate by |
the Director, for investigative purposes. The
information
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shall include the disposition of all reported lost, |
abducted, missing, or
runaway minor cases.
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(4) Compile and maintain an historic data repository |
relating to lost,
abducted, missing, or runaway minors and |
other missing persons, including, but not limited to, |
missing endangered seniors, in order to
develop and improve |
techniques utilized by law enforcement agencies when
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responding to reports of missing persons.
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(5) Create a quality control program regarding |
confirmation of missing
person data, timeliness of entries |
of missing person reports into LEADS,
and
performance |
audits of all entering agencies.
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(c) The Illinois Law Enforcement Training Standards Board |
shall conduct a training program for law enforcement personnel |
of local governmental agencies in the Missing Persons |
Identification Act.
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(d) The Department of State Police shall perform the duties |
prescribed in the Missing Persons Identification Act, subject |
to appropriation.
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(Source: P.A. 94-145, eff. 1-1-06; 95-192, eff. 8-16-07.)
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Section 10. The Clerks of Courts Act is amended by changing |
Section 27.3e as follows:
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(705 ILCS 105/27.3e) |
Sec. 27.3e. Electronic citation fee. As used in this |
Section, "electronic citation" means the process of |
transmitting traffic, misdemeanor, municipal ordinance, |
conservation, or other citations and law enforcement data via |
electronic means to a circuit court clerk. |
To defray the expense of establishing and maintaining |
electronic citations, each Circuit Court Clerk shall charge and |
collect an electronic citation fee of $5. Such fee shall be |
paid by the defendant in any traffic, misdemeanor, municipal |
ordinance, or conservation case upon a judgment of guilty or |
grant of supervision.
This fee shall be in addition to all |
other fees and charges and assessable as costs and shall not be |
subject to disbursement under Section 27.5 or 27.6 of this Act. |
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60% of the fee shall be deposited into the Circuit Court Clerk |
Electronic Citation Fund and 40% of the fee shall be disbursed |
to the arresting agency to defray expenses related to the |
establishment and maintenance of electronic citations. The |
Circuit Court Clerk shall be the custodian, ex officio, of the |
Circuit Court Clerk Electronic Citation Fund and shall use the |
Fund to perform the duties required by the office for |
establishing and maintaining electronic citations. The Fund |
shall be audited by the County's auditor. The Circuit Court |
Clerk shall not charge and collect an electronic citation fee |
if the County Board has by ordinance elected not to be subject |
to this Section. Any funds collected under this Section before |
such an ordinance takes effect shall be disbursed to the |
Illinois State Police for expenses related to the establishment |
and maintenance of electronic citations.
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With respect to funds designated for, as well as citations |
issued by, the Department of State Police, the moneys shall be |
remitted by the circuit court clerk to the State Treasurer |
within one month after receipt for deposit into the LEADS |
Maintenance Fund. |
(Source: P.A. 96-1210, eff. 1-1-11.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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