Illinois General Assembly - Full Text of Public Act 099-0244
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Public Act 099-0244





Public Act 099-0244
HB4097 EnrolledLRB099 04035 AWJ 24053 b

    AN ACT concerning local government.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Missing Persons Identification Act is
amended by changing Section 5 as follows:
    (50 ILCS 722/5)
    Sec. 5. Missing person reports.
    (a) Report acceptance. All law enforcement agencies shall
accept without delay any report of a missing person. Acceptance
of a missing person report filed in person may not be refused
on any ground. No law enforcement agency may refuse to accept a
missing person report:
        (1) on the basis that the missing person is an adult;
        (2) on the basis that the circumstances do not indicate
    foul play;
        (3) on the basis that the person has been missing for a
    short period of time;
        (4) on the basis that the person has been missing a
    long period of time;
        (5) on the basis that there is no indication that the
    missing person was in the jurisdiction served by the law
    enforcement agency at the time of the disappearance;
        (6) on the basis that the circumstances suggest that
    the disappearance may be voluntary;
        (7) on the basis that the reporting individual does not
    have personal knowledge of the facts;
        (8) on the basis that the reporting individual cannot
    provide all of the information requested by the law
    enforcement agency;
        (9) on the basis that the reporting individual lacks a
    familial or other relationship with the missing person; or
        (9-5) on the basis of the missing person's mental state
    or medical condition; or
        (10) for any other reason.
    (b) Manner of reporting. All law enforcement agencies shall
accept missing person reports in person. Law enforcement
agencies are encouraged to accept reports by phone or by
electronic or other media to the extent that such reporting is
consistent with law enforcement policies or practices.
    (c) Contents of report. In accepting a report of a missing
person, the law enforcement agency shall attempt to gather
relevant information relating to the disappearance. The law
enforcement agency shall attempt to gather at the time of the
report information that shall include, but shall not be limited
to, the following:
        (1) the name of the missing person, including
    alternative names used;
        (2) the missing person's date of birth;
        (3) the missing person's identifying marks, such as
    birthmarks, moles, tattoos, and scars;
        (4) the missing person's height and weight;
        (5) the missing person's gender;
        (6) the missing person's race;
        (7) the missing person's current hair color and true or
    natural hair color;
        (8) the missing person's eye color;
        (9) the missing person's prosthetics, surgical
    implants, or cosmetic implants;
        (10) the missing person's physical anomalies;
        (11) the missing person's blood type, if known;
        (12) the missing person's driver's license number, if
        (13) the missing person's social security number, if
        (14) a photograph of the missing person; recent
    photographs are preferable and the agency is encouraged to
    attempt to ascertain the approximate date the photograph
    was taken;
        (15) a description of the clothing the missing person
    was believed to be wearing;
        (16) a description of items that might be with the
    missing person, such as jewelry, accessories, and shoes or
        (17) information on the missing person's electronic
    communications devices, such as cellular telephone numbers
    and e-mail addresses;
        (18) the reasons why the reporting individual believes
    that the person is missing;
        (19) the name and location of the missing person's
    school or employer, if known;
        (20) the name and location of the missing person's
    dentist or primary care physician, or both, if known;
        (21) any circumstances that may indicate that the
    disappearance was not voluntary;
        (22) any circumstances that may indicate that the
    missing person may be at risk of injury or death;
        (23) a description of the possible means of
    transportation of the missing person, including make,
    model, color, license number, and Vehicle Identification
    Number of a vehicle;
        (24) any identifying information about a known or
    possible abductor or person last seen with the missing
    person, or both, including:
            (A) name;
            (B) a physical description;
            (C) date of birth;
            (D) identifying marks;
            (E) the description of possible means of
        transportation, including make, model, color, license
        number, and Vehicle Identification Number of a
            (F) known associates;
        (25) any other information that may aid in locating the
    missing person; and
        (26) the date of last contact.
    (d) Notification and follow up action.
        (1) Notification. The law enforcement agency shall
    notify the person making the report, a family member, or
    other person in a position to assist the law enforcement
    agency in its efforts to locate the missing person of the
            (A) general information about the handling of the
        missing person case or about intended efforts in the
        case to the extent that the law enforcement agency
        determines that disclosure would not adversely affect
        its ability to locate or protect the missing person or
        to apprehend or prosecute any person criminally
        involved in the disappearance;
            (B) that the person should promptly contact the law
        enforcement agency if the missing person remains
        missing in order to provide additional information and
        materials that will aid in locating the missing person
        such as the missing person's credit cards, debit cards,
        banking information, and cellular telephone records;
            (C) that any DNA samples provided for the missing
        person case are provided on a voluntary basis and will
        be used solely to help locate or identify the missing
        person and will not be used for any other purpose.
        The law enforcement agency, upon acceptance of a
    missing person report, shall inform the reporting citizen
    of one of 2 resources, based upon the age of the missing
    person. If the missing person is under 18 years of age,
    contact information for the National Center for Missing and
    Exploited Children shall be given. If the missing person is
    age 18 or older, contact information for the National
    Center for Missing Adults shall be given.
        Agencies handling the remains of a missing person who
    is deceased must notify the agency handling the missing
    person's case. Documented efforts must be made to locate
    family members of the deceased person to inform them of the
    death and location of the remains of their family member.
        The law enforcement agency is encouraged to make
    available informational materials, through publications or
    electronic or other media, that advise the public about how
    the information or materials identified in this subsection
    are used to help locate or identify missing persons.
        (2) Follow up action. If the person identified in the
    missing person report remains missing after 30 days, and
    the additional information and materials specified below
    have not been received, the law enforcement agency shall
    attempt to obtain:
            (A) DNA samples from family members or from the
        missing person along with any needed documentation, or
        both, including any consent forms, required for the use
        of State or federal DNA databases, including, but not
        limited to, the Local DNA Index System (LDIS), State
        DNA Index System (SDIS), and National DNA Index System
            (B) an authorization to release dental or skeletal
        x-rays of the missing person;
            (C) any additional photographs of the missing
        person that may aid the investigation or an
        identification; the law enforcement agency is not
        required to obtain written authorization before it
        releases publicly any photograph that would aid in the
        investigation or identification of the missing person;
            (D) dental information and x-rays; and
            (E) fingerprints.
        (3) All DNA samples obtained in missing person cases
    shall be immediately forwarded to the Department of State
    Police for analysis. The Department of State Police shall
    establish procedures for determining how to prioritize
    analysis of the samples relating to missing person cases.
        (4) This subsection shall not be interpreted to
    preclude a law enforcement agency from attempting to obtain
    the materials identified in this subsection before the
    expiration of the 30-day period.
(Source: P.A. 95-192, eff. 8-16-07.)

Effective Date: 1/1/2016