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Public Act 91-0660
HB1383 Re-Enrolled LRB9103127MWgc
AN ACT concerning wireless 9-1-1 service.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Wireless Emergency Telephone Safety Act.
Section 5. Purpose. The General Assembly finds and
declares it is in the public interest to promote the use of
wireless 9-1-1 and wireless enhanced 9-1-1 (E9-1-1) service
in order to save lives and protect the property of the
citizens of the State of Illinois.
Wireless carriers are required by the Federal
Communications Commission (FCC) to provide E9-1-1 service in
the form of automatic location identification and automatic
number identification pursuant to policies set forth by the
FCC.
Public safety agencies and wireless carriers are
encouraged to work together to provide emergency access to
wireless 9-1-1 and wireless E9-1-1 service. Public safety
agencies and wireless carriers operating wireless 9-1-1 and
wireless E9-1-1 systems require adequate funding to recover
the costs of designing, purchasing, installing, testing, and
operating enhanced facilities, systems, and services
necessary to comply with the wireless E9-1-1 requirements
mandated by the Federal Communications Commission and to
maximize the availability of wireless E9-1-1 services
throughout the State of Illinois.
The revenues generated by the wireless carrier surcharge
enacted by this Act are required to fund the efforts of the
wireless carriers, emergency telephone system boards,
qualified governmental entities, and the Department of State
Police to improve the public health, safety, and welfare and
to serve a public purpose by providing emergency telephone
assistance through wireless communications.
It is the intent of the General Assembly to:
(1) establish and implement a cohesive statewide
emergency telephone number that will provide wireless
telephone users with rapid direct access to public safety
agencies by dialing the telephone number 9-1-1;
(2) encourage wireless carriers and public safety
agencies to provide E9-1-1 services that will assist
public safety agencies in determining the caller's
approximate location and wireless telephone number;
(3) grant authority to public safety agencies not
already in possession of the authority to finance the
cost of installing and operating wireless 9-1-1 systems
and reimbursing wireless carriers for costs incurred to
provide wireless E9-1-1 services; and
(4) provide for a reasonable fee on wireless
telephone service subscribers to accomplish these
purposes.
Section 10. Definitions. In this Act:
"Emergency telephone system board" means a board
appointed by the corporate authorities of any county or
municipality that provides for the management and operation
of a 9-1-1 system within the scope of the duties and powers
prescribed by the Emergency Telephone System Act.
"Master street address guide" means the computerized
geographical database that consists of all street and address
data within a 9-1-1 system.
"Public safety agency" means a functional division of a
public agency that provides fire fighting, police, medical,
or other emergency services. For the purpose of providing
wireless service to users of 9-1-1 emergency services, as
expressly provided for in this Act, the Department of State
Police may be considered a public safety agency.
"Qualified governmental entity" means a unit of local
government authorized to provide 9-1-1 services pursuant to
the Emergency Telephone System Act where no emergency
telephone system board exists.
"Statewide wireless emergency 9-1-1 system" means all
areas of the State where an emergency telephone system board
or, in the absence of an emergency telephone system board, a
qualified governmental entity has not declared its intention
for one or more of its public safety answering points to
serve as a primary wireless 9-1-1 public safety answering
point for its jurisdiction. The operator of the statewide
wireless emergency 9-1-1 system shall be the Department of
State Police.
"Wireless carrier" means a provider of two-way cellular,
broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial
Mobile Radio Service (CMRS), Wireless Communications Service
(WCS), or other Commercial Mobile Radio Service (CMRS), as
defined by the Federal Communications Commission, offering
radio communications that may provide fixed, mobile, radio
location, or satellite communication services to individuals
or businesses within its assigned spectrum block and
geographical area or that offers real-time, two-way voice
service that is interconnected with the public switched
network, including a reseller of such service.
"Wireless enhanced 9-1-1" means the ability to relay the
telephone number of the originator of a 9-1-1 call and the
location of the cell site or base station receiving a 9-1-1
call from any mobile handset or text telephone device
accessing the wireless system to the designated wireless
public safety answering point through the use of automatic
number identification and pseudo-automatic number
identification.
"Wireless public safety answering point" means the
functional division of an emergency telephone system board,
qualified governmental entity, or the Department of State
Police accepting wireless 9-1-1 calls.
"Wireless subscriber" means an individual or entity to
whom a wireless service account or number has been assigned
by a wireless carrier.
Section 15. Wireless emergency 9-1-1 service. The
digits "9-1-1" shall be the designated emergency telephone
number within the wireless system.
(a) Standards. The Illinois Commerce Commission may set
non-discriminatory, uniform technical and operational
standards consistent with the rules of the Federal
Communications Commission for directing calls to authorized
public safety answering points. These standards shall not in
any way prescribe the technology or manner a wireless carrier
shall use to deliver wireless 9-1-1 or wireless E9-1-1 calls
and these standards shall not exceed the requirements set by
the Federal Communications Commission. However, standards
for directing calls to the authorized public safety answering
point shall be included. The authority given to the Illinois
Commerce Commission in this Section is limited to setting
standards as set forth herein and does not constitute
authority to regulate wireless carriers.
(b) Wireless public safety answering points. For the
purpose of providing wireless 9-1-1 emergency services, an
emergency telephone system board or, in the absence of an
emergency telephone system board, a qualified governmental
entity may declare its intention for one or more of its
public safety answering points to serve as a primary wireless
9-1-1 public safety answering point for its jurisdiction by
notifying the Chief Clerk of the Illinois Commerce Commission
and the Director of State Police in writing within 6 months
after the effective date of this Act or within 6 months after
receiving its authority to operate a 9-1-1 system under the
Emergency Telephone System Act, whichever is later. In
addition, 2 or more emergency telephone system boards or
qualified units of local government may, by virtue of an
intergovernmental agreement, provide wireless 9-1-1 service.
The Department of State Police shall be the primary wireless
9-1-1 public safety answering point for any jurisdiction not
providing notice to the Commission and the Department of
State Police. Nothing in this Act shall require the
provision of wireless enhanced 9-1-1 services.
The Illinois Commerce Commission, upon a joint request
from the Department of State Police and a qualified
governmental entity or an emergency telephone system board,
may grant authority to the emergency telephone system board
or a qualified governmental entity to provide wireless 9-1-1
service in areas for which the Department of State Police has
accepted wireless 9-1-1 responsibility. The Illinois
Commerce Commission shall maintain a current list of all
9-1-1 systems and qualified governmental entities providing
wireless 9-1-1 service under this Act.
Any emergency telephone system board or qualified
governmental entity providing wireless 9-1-1 service prior to
the effective date of this Act may continue to operate upon
notification as previously described in this Section. An
emergency telephone system board or a qualified governmental
entity shall submit, with its notification, the date upon
which it commenced operating.
(c) Wireless Enhanced 9-1-1 Board. The Wireless
Enhanced 9-1-1 Board is created. The Board consists of 7
members appointed by the Governor with the advice and consent
of the Senate. It is recommended that the Governor appoint
members from the following: the Illinois Chapter of the
National Emergency Numbers Association, the Illinois State
Police, law enforcement agencies, the wireless
telecommunications industry, an emergency telephone system
board in Cook County (outside the City of Chicago), an
emergency telephone system board in the Metro-east area, and
an emergency telephone system board in the collar counties
(Lake, McHenry, DuPage, Kane, and Will counties). Members of
the Board may not receive any compensation but may, however,
be reimbursed for any necessary expenditure in connection
with their duties.
Except as provided in Section 45, the Wireless Enhanced
9-1-1 Board shall set the amount of the monthly wireless
surcharge required to be imposed under Section 17 on all
wireless subscribers in this State. Prior to the Wireless
Enhanced 9-1-1 Board setting any surcharge, the Board shall
publish the proposed surcharge in the Illinois Register, hold
hearings on the surcharge and the requirements for an
efficient wireless emergency number system, and elicit public
comment. The Board shall determine the minimum cost
necessary for implementation of this system and the amount of
revenue produced based upon the number of wireless telephones
in use. The Board shall set the surcharge at the minimum
amount necessary to achieve the goals of the Act and shall,
by July 1, 2000, file this information with the Governor, the
Clerk of the House, and the Secretary of the Senate. The
surcharge may not be more than $0.75 per month per CMRS
connection.
The Wireless Enhanced 9-1-1 Board shall report to the
General Assembly by July 1, 2000 on implementing wireless
non-emergency services for the purpose of public safety using
the digits 3-1-1. The Board shall consider the delivery of
3-1-1 services in a 6 county area, including rural Cook
County (outside of the City of Chicago), and DuPage, Lake,
McHenry, Will, and Kane Counties, as well as counties outside
of this area by an emergency telephone system board, a
qualified governmental entity, or private industry. The
Board, upon completion of all its duties required under this
Act, is dissolved.
Section 17. Wireless carrier surcharge.
(a) Except as provided in Section 45, each wireless
carrier shall impose a monthly wireless carrier surcharge per
CMRS connection that either has a telephone number within an
area code assigned to Illinois by the North American
Numbering Plan Administrator or has a billing address in this
State. No wireless carrier shall impose the surcharge
authorized by this Section upon any subscriber who is subject
to the surcharge imposed by a unit of local government
pursuant to Section 45. The wireless carrier that provides
wireless service to the subscriber shall collect the
surcharge set by the Wireless Enhanced 9-1-1 Board from the
subscriber. The surcharge shall be stated as a separate item
on the subscriber's monthly bill. The wireless carrier shall
begin collecting the surcharge on bills issued within 90 days
after the Wireless Enhanced 9-1-1 Board sets the monthly
wireless surcharge. State and local taxes shall not apply to
the wireless carrier surcharge.
(b) Except as provided in Section 45, a wireless carrier
shall, within 45 days of collection, remit, either by check
or by electronic funds transfer, to the State Treasurer the
amount of the wireless carrier surcharge collected from each
subscriber. Of the amounts remitted under this subsection,
the State Treasurer shall deposit one-third into the Wireless
Carrier Reimbursement Fund and two-thirds into the Wireless
Service Emergency Fund.
(c) The first such remittance by wireless carriers shall
include the number of customers by zip code, and the 9-digit
zip code if currently being used or later implemented by the
carrier, that shall be the means by which the Department of
Central Management Services shall determine distributions
from the Wireless Service Emergency Fund. This information
shall be updated no less often than every year. Wireless
carriers are not required to remit surcharge moneys that are
billed to subscribers but not yet collected.
Section 20. Wireless Service Emergency Fund; uses. The
Wireless Service Emergency Fund is created as a special fund
in the State treasury. Subject to appropriation, moneys in
the Wireless Service Emergency Fund may only be used for
grants for emergency telephone system boards, qualified
government entities, or the Department of State Police.
These grants may be used only for the design, implementation,
operation, maintenance, or upgrade of wireless 9-1-1 or
E9-1-1 emergency services and public safety answering points,
and for no other purposes.
The moneys received by the Department of State Police
from the Wireless Service Emergency Fund, in any year, may be
used for any costs relating to the leasing, modification, or
maintenance of any building or facility used to house
personnel or equipment associated with the operation of
wireless 9-1-1 or wireless E9-1-1 emergency services, to
ensure service in those areas where service is not otherwise
provided.
Moneys from the Wireless Service Emergency Fund may not
be used to pay for or recover any costs associated with
public safety agency equipment or personnel dispatched in
response to wireless 9-1-1 or wireless E9-1-1 emergency
calls.
Section 25. Wireless Service Emergency Fund;
distribution of moneys. Within 60 days after the effective
date of this Act, wireless carriers shall submit to the
Department of Central Management Services the number of
wireless subscribers by zip code and the 9-digit zip code of
the wireless subscribers, if currently being used or later
implemented by the carrier.
The Department of Central Management Services shall,
subject to appropriation, make monthly proportional grants to
the appropriate emergency telephone system board or qualified
governmental entity based upon the United States Postal Zip
Code of the wireless subscriber's billing address. No
matching funds shall be required from grant recipients.
If the Department of Central Management Services is
notified of an area of overlapping jurisdiction, grants for
that area shall be made based upon reference to an official
Master Street Address Guide to the emergency telephone system
board or qualified governmental entity whose public service
answering points provide wireless 9-1-1 service in that area.
The emergency telephone system board or qualified
governmental entity shall provide the Department of Central
Management Services with a valid copy of the appropriate
Master Street Address Guide. The Department of Central
Management Services does not have a duty to verify
jurisdictional responsibility.
In the event of a subscriber billing address being
matched to an incorrect jurisdiction by the Department of
Central Management Services, the recipient, upon notification
from the Department of Central Management Services, shall
redirect the funds to the correct jurisdiction. The
Department of Central Management Services shall not be held
liable for any damages relating to an act or omission under
this Act, unless the act or omission constitutes gross
negligence, recklessness, or intentional misconduct.
In the event of a dispute between emergency telephone
system boards or qualified governmental entities concerning a
subscriber billing address, the Department of Central
Management Services shall resolve the dispute.
The Department of Central Management Services shall
maintain detailed records of all receipts and disbursements
and shall provide an annual accounting of all receipts and
disbursements to the Auditor General.
The Department of Central Management Services shall adopt
rules to govern the grant process.
Section 30. Wireless Carrier Reimbursement Fund; uses.
The Wireless Carrier Reimbursement Fund is created as a
special fund in the State treasury. Moneys in the Wireless
Carrier Reimbursement Fund may be used, subject to
appropriation, only to reimburse wireless carriers for all of
their costs incurred in complying with the applicable
provisions of Federal Communications Commission wireless
enhanced 9-1-1 service mandates. This reimbursement may
include, but need not be limited to, the cost of designing,
upgrading, purchasing, leasing, programming, installing,
testing, and maintaining necessary data, hardware, and
software and associated operating and administrative costs
and overhead.
Section 35. Wireless Carrier Reimbursement Fund;
reimbursement. To recover costs from the Wireless Carrier
Reimbursement Fund, the wireless carrier shall submit sworn
invoices to the Department of Central Management Services.
In no event may any invoice for payment be approved for (i)
costs that are not related to compliance with the
requirements established by the wireless enhanced 9-1-1
mandates of the Federal Communications Commission, (ii) costs
with respect to any wireless enhanced 9-1-1 service that is
not operable at the time the invoice is submitted, or (iii)
costs of any wireless carrier exceeding 125% of the wireless
emergency services charges remitted to the Wireless Carrier
Reimbursement Fund by the wireless carrier under Section
17(b)unless the wireless carrier received prior approval for
the expenditures from the Department of Central Management
Services.
If in any month the total amount of invoices submitted to
the Department of Central Management Services and approved
for payment exceeds the amount available in the Wireless
Carrier Reimbursement Fund, wireless carriers that have
invoices approved for payment shall receive a pro-rata share
of the amount available in the Wireless Carrier Reimbursement
Fund based on the relative amount of their approved invoices
available that month, and the balance of the payments shall
be carried into the following months, and shall include
appropriate interest at the statutory rate, until all of the
approved payments are made.
A wireless carrier may not receive payment from the
Wireless Carrier Reimbursement Fund for its costs of
providing wireless enhanced 9-1-1 services in an area when a
unit of local government or emergency telephone system board
provides wireless 9-1-1 services in that area and was
imposing and collecting a wireless carrier surcharge prior to
July 1, 1998.
The Department of Central Management Services shall
maintain detailed records of all receipts and disbursements
and shall provide an annual accounting of all receipts and
disbursements to the Auditor General.
The Department of Central Management Services shall adopt
rules to govern the reimbursement process.
Section 40. Public disclosure. Because of the highly
competitive nature of the wireless telephone industry, a
public disclosure of information about surcharge moneys paid
by wireless carriers could have the effect of stifling
competition to the detriment of the public and the delivery
of wireless 9-1-1 services. Therefore, the Department of
Central Management Services, the Department of State Police,
governmental agencies, and individuals with access to that
information shall take appropriate steps to prevent public
disclosure of this information. Information and data
supporting the amount and distribution of surcharge moneys
collected and remitted by an individual wireless carrier
shall be deemed exempt information for purposes of the
Freedom of Information Act and shall not be publicly
disclosed. The gross amount paid by all carriers shall not
be deemed exempt and may be publicly disclosed.
Section 45. Continuation of current practices.
Notwithstanding any other provision of this Act, a unit of
local government or emergency telephone system board
providing wireless 9-1-1 service and imposing and collecting
a wireless carrier surcharge prior to July 1, 1998 may
continue its practices of imposing and collecting its
wireless carrier surcharge, but in no event shall that
monthly surcharge exceed $1.25 per commercial mobile radio
service (CMRS) connection or in-service telephone number
billed on a monthly basis.
Section 50. Limitation of liability. Notwithstanding any
other provision of law, in no event shall a unit of local
government, the Department of Central Management Services,
the Department of State Police, or a public safety agency,
public safety answering point, emergency telephone system
board, or wireless carrier, or its officers, employees,
assigns, or agents, be liable for any form of civil damages
or criminal liability that directly or indirectly results
from, or is caused by, any act or omission in the
development, design, installation, operation, maintenance,
performance, or provision of wireless 9-1-1 or wireless
E9-1-1 service, unless the act or omission constitutes gross
negligence, recklessness, or intentional misconduct.
A unit of local government, the Department of Central
Management Services, the Department of State Police, or a
public safety agency, public safety answering point,
emergency telephone system board, or wireless carrier, or its
officers, employees, assigns, or agents, shall not be liable
for any form of civil damages or criminal liability that
directly or indirectly results from, or is caused by, the
release of subscriber information to any governmental entity
as required under the provisions of this Act, unless the
release constitutes gross negligence, recklessness, or
intentional misconduct.
Section 55. Severability. If any provision of this Act
or its application to any person or circumstance is held
invalid, the invalidity of that provision or application does
not affect other provisions or applications of this Act that
can be given effect without the invalid application or
provision.
Section 60. Home rule. A home rule unit, other than a
home rule municipality having a population in excess of
500,000 that was imposing its own surcharge on wireless
carriers prior to July 1, 1998, may not impose a separate
surcharge on wireless 9-1-1 service in addition to the
surcharge imposed on wireless 9-1-1 service under this Act.
This Section is a limitation under subsection (g) of Section
6 of Article VII of the Illinois Constitution on the powers
and functions of home rule units not exercised or performed
by the State.
Section 65. Review. This Act and any regulation
established by a State agency pursuant to this Act shall be
reviewed by the Auditor General prior to October 1, 2001.
Section 70. Repealer. This Act is repealed on April 1,
2005.
Section 800. The Freedom of Information Act is amended
by changing Section 7 as follows:
(5 ILCS 140/7) (from Ch. 116, par. 207)
Sec. 7. Exemptions.
(1) The following shall be exempt from inspection and
copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and
regulations adopted under federal or State law.
(b) Information that, if disclosed, would
constitute a clearly unwarranted invasion of personal
privacy, unless the disclosure is consented to in writing
by the individual subjects of the information. The
disclosure of information that bears on the public duties
of public employees and officials shall not be considered
an invasion of personal privacy. Information exempted
under this subsection (b) shall include but is not
limited to:
(i) files and personal information maintained
with respect to clients, patients, residents,
students or other individuals receiving social,
medical, educational, vocational, financial,
supervisory or custodial care or services directly
or indirectly from federal agencies or public
bodies;
(ii) personnel files and personal information
maintained with respect to employees, appointees or
elected officials of any public body or applicants
for those positions;
(iii) files and personal information
maintained with respect to any applicant, registrant
or licensee by any public body cooperating with or
engaged in professional or occupational
registration, licensure or discipline;
(iv) information required of any taxpayer in
connection with the assessment or collection of any
tax unless disclosure is otherwise required by State
statute; and
(v) information revealing the identity of
persons who file complaints with or provide
information to administrative, investigative, law
enforcement or penal agencies; provided, however,
that identification of witnesses to traffic
accidents, traffic accident reports, and rescue
reports may be provided by agencies of local
government, except in a case for which a criminal
investigation is ongoing, without constituting a
clearly unwarranted per se invasion of personal
privacy under this subsection.
(c) Records compiled by any public body for
administrative enforcement proceedings and any law
enforcement or correctional agency for law enforcement
purposes or for internal matters of a public body, but
only to the extent that disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional
agency;
(ii) interfere with pending administrative
enforcement proceedings conducted by any public
body;
(iii) deprive a person of a fair trial or an
impartial hearing;
(iv) unavoidably disclose the identity of a
confidential source or confidential information
furnished only by the confidential source;
(v) disclose unique or specialized
investigative techniques other than those generally
used and known or disclose internal documents of
correctional agencies related to detection,
observation or investigation of incidents of crime
or misconduct;
(vi) constitute an invasion of personal
privacy under subsection (b) of this Section;
(vii) endanger the life or physical safety of
law enforcement personnel or any other person; or
(viii) obstruct an ongoing criminal
investigation.
(d) Criminal history record information maintained
by State or local criminal justice agencies, except the
following which shall be open for public inspection and
copying:
(i) chronologically maintained arrest
information, such as traditional arrest logs or
blotters;
(ii) the name of a person in the custody of a
law enforcement agency and the charges for which
that person is being held;
(iii) court records that are public;
(iv) records that are otherwise available
under State or local law; or
(v) records in which the requesting party is
the individual identified, except as provided under
part (vii) of paragraph (c) of subsection (1) of
this Section.
"Criminal history record information" means data
identifiable to an individual and consisting of
descriptions or notations of arrests, detentions,
indictments, informations, pre-trial proceedings, trials,
or other formal events in the criminal justice system or
descriptions or notations of criminal charges (including
criminal violations of local municipal ordinances) and
the nature of any disposition arising therefrom,
including sentencing, court or correctional supervision,
rehabilitation and release. The term does not apply to
statistical records and reports in which individuals are
not identified and from which their identities are not
ascertainable, or to information that is for criminal
investigative or intelligence purposes.
(e) Records that relate to or affect the security
of correctional institutions and detention facilities.
(f) Preliminary drafts, notes, recommendations,
memoranda and other records in which opinions are
expressed, or policies or actions are formulated, except
that a specific record or relevant portion of a record
shall not be exempt when the record is publicly cited and
identified by the head of the public body. The exemption
provided in this paragraph (f) extends to all those
records of officers and agencies of the General Assembly
that pertain to the preparation of legislative documents.
(g) Trade secrets and commercial or financial
information obtained from a person or business where the
trade secrets or information are proprietary, privileged
or confidential, or where disclosure of the trade secrets
or information may cause competitive harm, including all
information determined to be confidential under Section
4002 of the Technology Advancement and Development Act.
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting
to disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were
disclosed would frustrate procurement or give an
advantage to any person proposing to enter into a
contractor agreement with the body, until an award or
final selection is made. Information prepared by or for
the body in preparation of a bid solicitation shall be
exempt until an award or final selection is made.
(i) Valuable formulae, designs, drawings and
research data obtained or produced by any public body
when disclosure could reasonably be expected to produce
private gain or public loss.
(j) Test questions, scoring keys and other
examination data used to administer an academic
examination or determined the qualifications of an
applicant for a license or employment.
(k) Architects' plans and engineers' technical
submissions for projects not constructed or developed in
whole or in part with public funds and for projects
constructed or developed with public funds, to the extent
that disclosure would compromise security.
(l) Library circulation and order records
identifying library users with specific materials.
(m) Minutes of meetings of public bodies closed to
the public as provided in the Open Meetings Act until the
public body makes the minutes available to the public
under Section 2.06 of the Open Meetings Act.
(n) Communications between a public body and an
attorney or auditor representing the public body that
would not be subject to discovery in litigation, and
materials prepared or compiled by or for a public body in
anticipation of a criminal, civil or administrative
proceeding upon the request of an attorney advising the
public body, and materials prepared or compiled with
respect to internal audits of public bodies.
(o) Information received by a primary or secondary
school, college or university under its procedures for
the evaluation of faculty members by their academic
peers.
(p) Administrative or technical information
associated with automated data processing operations,
including but not limited to software, operating
protocols, computer program abstracts, file layouts,
source listings, object modules, load modules, user
guides, documentation pertaining to all logical and
physical design of computerized systems, employee
manuals, and any other information that, if disclosed,
would jeopardize the security of the system or its data
or the security of materials exempt under this Section.
(q) Documents or materials relating to collective
negotiating matters between public bodies and their
employees or representatives, except that any final
contract or agreement shall be subject to inspection and
copying.
(r) Drafts, notes, recommendations and memoranda
pertaining to the financing and marketing transactions of
the public body. The records of ownership, registration,
transfer, and exchange of municipal debt obligations, and
of persons to whom payment with respect to these
obligations is made.
(s) The records, documents and information relating
to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding
under Article VII of the Code of Civil Procedure,
records, documents and information relating to that
parcel shall be exempt except as may be allowed under
discovery rules adopted by the Illinois Supreme Court.
The records, documents and information relating to a real
estate sale shall be exempt until a sale is consummated.
(t) Any and all proprietary information and records
related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly
self-administered health and accident cooperative or
pool.
(u) Information concerning a university's
adjudication of student or employee grievance or
disciplinary cases, to the extent that disclosure would
reveal the identity of the student or employee and
information concerning any public body's adjudication of
student or employee grievances or disciplinary cases,
except for the final outcome of the cases.
(v) Course materials or research materials used by
faculty members.
(w) Information related solely to the internal
personnel rules and practices of a public body.
(x) Information contained in or related to
examination, operating, or condition reports prepared by,
on behalf of, or for the use of a public body responsible
for the regulation or supervision of financial
institutions or insurance companies, unless disclosure is
otherwise required by State law.
(y) Information the disclosure of which is
restricted under Section 5-108 of the Public Utilities
Act.
(z) Manuals or instruction to staff that relate to
establishment or collection of liability for any State
tax or that relate to investigations by a public body to
determine violation of any criminal law.
(aa) Applications, related documents, and medical
records received by the Experimental Organ
Transplantation Procedures Board and any and all
documents or other records prepared by the Experimental
Organ Transplantation Procedures Board or its staff
relating to applications it has received.
(bb) Insurance or self insurance (including any
intergovernmental risk management association or self
insurance pool) claims, loss or risk management
information, records, data, advice or communications.
(cc) Information and records held by the Department
of Public Health and its authorized representatives
relating to known or suspected cases of sexually
transmissible disease or any information the disclosure
of which is restricted under the Illinois Sexually
Transmissible Disease Control Act.
(dd) Information the disclosure of which is
exempted under Section 30 of the Radon Industry Licensing
Act.
(ee) Firm performance evaluations under Section 55
of the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(ff) Security portions of system safety program
plans, investigation reports, surveys, schedules, lists,
data, or information compiled, collected, or prepared by
or for the Regional Transportation Authority under
Section 2.11 of the Regional Transportation Authority Act
or the State of Missouri under the Bi-State Transit
Safety Act.
(gg) Information the disclosure of which is
restricted and exempted under Section 50 of the Illinois
Prepaid Tuition Act.
(hh) Information the disclosure of which is
exempted under Section 80 of the State Gift Ban Act.
(ii) Beginning July 1, 1999, (hh) information that
would disclose or might lead to the disclosure of secret
or confidential information, codes, algorithms, programs,
or private keys intended to be used to create electronic
or digital signatures under the Electronic Commerce
Security Act.
(jj) Information and data concerning the
distribution of surcharge moneys collected and remitted
by wireless carriers under the Wireless Emergency
Telephone Safety Act.
(2) This Section does not authorize withholding of
information or limit the availability of records to the
public, except as stated in this Section or otherwise
provided in this Act.
(Source: P.A. 90-262, eff. 7-30-97; 90-273, eff. 7-30-97;
90-546, eff. 12-1-97; 90-655, eff. 7-30-98; 90-737, eff.
1-1-99; 90-759, eff. 7-1-99; revised 9-8-98.)
Section 805. The Civil Administrative Code of Illinois
is amended by changing Section 55a as follows:
(20 ILCS 2605/55a) (from Ch. 127, par. 55a)
(Text of Section before amendment by P.A. 90-590)
Sec. 55a. Powers and duties.
(A) The Department of State Police shall have the
following powers and duties, and those set forth in Sections
55a-1 through 55c:
1. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the State
Police Act.
2. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the State
Police Radio Act.
3. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the
Criminal Identification Act.
4. To (a) investigate the origins, activities, personnel
and incidents of crime and the ways and means to redress the
victims of crimes, and study the impact, if any, of
legislation relative to the effusion of crime and growing
crime rates, and enforce the criminal laws of this State
related thereto, (b) enforce all laws regulating the
production, sale, prescribing, manufacturing, administering,
transporting, having in possession, dispensing, delivering,
distributing, or use of controlled substances and cannabis,
(c) employ skilled experts, scientists, technicians,
investigators or otherwise specially qualified persons to aid
in preventing or detecting crime, apprehending criminals, or
preparing and presenting evidence of violations of the
criminal laws of the State, (d) cooperate with the police of
cities, villages and incorporated towns, and with the police
officers of any county, in enforcing the laws of the State
and in making arrests and recovering property, (e) apprehend
and deliver up any person charged in this State or any other
State of the United States with treason, felony, or other
crime, who has fled from justice and is found in this State,
and (f) conduct such other investigations as may be provided
by law. Persons exercising these powers within the Department
are conservators of the peace and as such have all the powers
possessed by policemen in cities and sheriffs, except that
they may exercise such powers anywhere in the State in
cooperation with and after contact with the local law
enforcement officials. Such persons may use false or
fictitious names in the performance of their duties under
this paragraph, upon approval of the Director, and shall not
be subject to prosecution under the criminal laws for such
use.
5. To: (a) be a central repository and custodian of
criminal statistics for the State, (b) be a central
repository for criminal history record information, (c)
procure and file for record such information as is necessary
and helpful to plan programs of crime prevention, law
enforcement and criminal justice, (d) procure and file for
record such copies of fingerprints, as may be required by
law, (e) establish general and field crime laboratories, (f)
register and file for record such information as may be
required by law for the issuance of firearm owner's
identification cards, (g) employ polygraph operators,
laboratory technicians and other specially qualified persons
to aid in the identification of criminal activity, and (h)
undertake such other identification, information, laboratory,
statistical or registration activities as may be required by
law.
6. To (a) acquire and operate one or more radio
broadcasting stations in the State to be used for police
purposes, (b) operate a statewide communications network to
gather and disseminate information for law enforcement
agencies, (c) operate an electronic data processing and
computer center for the storage and retrieval of data
pertaining to criminal activity, and (d) undertake such other
communication activities as may be required by law.
7. To provide, as may be required by law, assistance to
local law enforcement agencies through (a) training,
management and consultant services for local law enforcement
agencies, and (b) the pursuit of research and the publication
of studies pertaining to local law enforcement activities.
8. To exercise the rights, powers and duties which have
been vested in the Department of State Police and the
Director of the Department of State Police by the Narcotic
Control Division Abolition Act.
9. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the
Illinois Vehicle Code.
10. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the Firearm
Owners Identification Card Act.
11. To enforce and administer such other laws in
relation to law enforcement as may be vested in the
Department.
12. To transfer jurisdiction of any realty title to
which is held by the State of Illinois under the control of
the Department to any other department of the State
government or to the State Employees Housing Commission, or
to acquire or accept Federal land, when such transfer,
acquisition or acceptance is advantageous to the State and is
approved in writing by the Governor.
13. With the written approval of the Governor, to enter
into agreements with other departments created by this Act,
for the furlough of inmates of the penitentiary to such other
departments for their use in research programs being
conducted by them.
For the purpose of participating in such research
projects, the Department may extend the limits of any
inmate's place of confinement, when there is reasonable cause
to believe that the inmate will honor his or her trust by
authorizing the inmate, under prescribed conditions, to leave
the confines of the place unaccompanied by a custodial agent
of the Department. The Department shall make rules governing
the transfer of the inmate to the requesting other department
having the approved research project, and the return of such
inmate to the unextended confines of the penitentiary. Such
transfer shall be made only with the consent of the inmate.
The willful failure of a prisoner to remain within the
extended limits of his or her confinement or to return within
the time or manner prescribed to the place of confinement
designated by the Department in granting such extension shall
be deemed an escape from custody of the Department and
punishable as provided in Section 3-6-4 of the Unified Code
of Corrections.
14. To provide investigative services, with all of the
powers possessed by policemen in cities and sheriffs, in and
around all race tracks subject to the Horse Racing Act of
1975.
15. To expend such sums as the Director deems necessary
from Contractual Services appropriations for the Division of
Criminal Investigation for the purchase of evidence and for
the employment of persons to obtain evidence. Such sums shall
be advanced to agents authorized by the Director to expend
funds, on vouchers signed by the Director.
16. To assist victims and witnesses in gang crime
prosecutions through the administration of funds appropriated
from the Gang Violence Victims and Witnesses Fund to the
Department. Such funds shall be appropriated to the
Department and shall only be used to assist victims and
witnesses in gang crime prosecutions and such assistance may
include any of the following:
(a) temporary living costs;
(b) moving expenses;
(c) closing costs on the sale of private residence;
(d) first month's rent;
(e) security deposits;
(f) apartment location assistance;
(g) other expenses which the Department considers
appropriate; and
(h) compensation for any loss of or injury to real
or personal property resulting from a gang crime to a
maximum of $5,000, subject to the following provisions:
(1) in the case of loss of property, the
amount of compensation shall be measured by the
replacement cost of similar or like property which
has been incurred by and which is substantiated by
the property owner,
(2) in the case of injury to property, the
amount of compensation shall be measured by the cost
of repair incurred and which can be substantiated by
the property owner,
(3) compensation under this provision is a
secondary source of compensation and shall be
reduced by any amount the property owner receives
from any other source as compensation for the loss
or injury, including, but not limited to, personal
insurance coverage,
(4) no compensation may be awarded if the
property owner was an offender or an accomplice of
the offender, or if the award would unjustly benefit
the offender or offenders, or an accomplice of the
offender or offenders.
No victim or witness may receive such assistance if he or
she is not a part of or fails to fully cooperate in the
prosecution of gang crime members by law enforcement
authorities.
The Department shall promulgate any rules necessary for
the implementation of this amendatory Act of 1985.
17. To conduct arson investigations.
18. To develop a separate statewide statistical police
contact record keeping system for the study of juvenile
delinquency. The records of this police contact system shall
be limited to statistical information. No individually
identifiable information shall be maintained in the police
contact statistical record system.
19. To develop a separate statewide central adjudicatory
and dispositional records system for persons under 19 years
of age who have been adjudicated delinquent minors and to
make information available to local registered participating
police youth officers so that police youth officers will be
able to obtain rapid access to the juvenile's background from
other jurisdictions to the end that the police youth officers
can make appropriate dispositions which will best serve the
interest of the child and the community. Information
maintained in the adjudicatory and dispositional record
system shall be limited to the incidents or offenses for
which the minor was adjudicated delinquent by a court, and a
copy of the court's dispositional order. All individually
identifiable records in the adjudicatory and dispositional
records system shall be destroyed when the person reaches 19
years of age.
20. To develop rules which guarantee the confidentiality
of such individually identifiable adjudicatory and
dispositional records except when used for the following:
(a) by authorized juvenile court personnel or the
State's Attorney in connection with proceedings under the
Juvenile Court Act of 1987; or
(b) inquiries from registered police youth
officers.
For the purposes of this Act "police youth officer" means
a member of a duly organized State, county or municipal
police force who is assigned by his or her Superintendent,
Sheriff or chief of police, as the case may be, to specialize
in youth problems.
21. To develop administrative rules and administrative
hearing procedures which allow a minor, his or her attorney,
and his or her parents or guardian access to individually
identifiable adjudicatory and dispositional records for the
purpose of determining or challenging the accuracy of the
records. Final administrative decisions shall be subject to
the provisions of the Administrative Review Law.
22. To charge, collect, and receive fees or moneys
equivalent to the cost of providing Department of State
Police personnel, equipment, and services to local
governmental agencies when explicitly requested by a local
governmental agency and pursuant to an intergovernmental
agreement as provided by this Section, other State agencies,
and federal agencies, including but not limited to fees or
moneys equivalent to the cost of providing dispatching
services, radio and radar repair, and training to local
governmental agencies on such terms and conditions as in the
judgment of the Director are in the best interest of the
State; and to establish, charge, collect and receive fees or
moneys based on the cost of providing responses to requests
for criminal history record information pursuant to positive
identification and any Illinois or federal law authorizing
access to some aspect of such information and to prescribe
the form and manner for requesting and furnishing such
information to the requestor on such terms and conditions as
in the judgment of the Director are in the best interest of
the State, provided fees for requesting and furnishing
criminal history record information may be waived for
requests in the due administration of the criminal laws. The
Department may also charge, collect and receive fees or
moneys equivalent to the cost of providing electronic data
processing lines or related telecommunication services to
local governments, but only when such services can be
provided by the Department at a cost less than that
experienced by said local governments through other means.
All services provided by the Department shall be conducted
pursuant to contracts in accordance with the
Intergovernmental Cooperation Act, and all telecommunication
services shall be provided pursuant to the provisions of
Section 67.18 of this Code.
All fees received by the Department of State Police under
this Act or the Illinois Uniform Conviction Information Act
shall be deposited in a special fund in the State Treasury to
be known as the State Police Services Fund. The money
deposited in the State Police Services Fund shall be
appropriated to the Department of State Police for expenses
of the Department of State Police.
Upon the completion of any audit of the Department of
State Police as prescribed by the Illinois State Auditing
Act, which audit includes an audit of the State Police
Services Fund, the Department of State Police shall make the
audit open to inspection by any interested person.
23. To exercise the powers and perform the duties which
have been vested in the Department of State Police by the
Intergovernmental Missing Child Recovery Act of 1984, and to
establish reasonable rules and regulations necessitated
thereby.
24. (a) To establish and maintain a statewide Law
Enforcement 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. The Department
shall implement an automatic data exchange system to compile,
to maintain and to make available to other law enforcement
agencies for immediate dissemination data which can 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.
(b) In exercising its duties under this subsection, the
Department shall:
(1) provide a uniform reporting format for the
entry of pertinent information regarding the report of a
missing person into LEADS;
(2) 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 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;
(3) 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 such data exists;
(4) compile and retain information regarding lost,
abducted, missing or runaway minors in a separate data
file, in a manner that allows such information to be used
by law enforcement and other agencies deemed appropriate
by the Director, for investigative purposes. Such
information shall include the disposition of all reported
lost, abducted, missing or runaway minor cases;
(5) compile and maintain an historic data
repository relating to lost, abducted, missing or runaway
minors and other missing persons in order to develop and
improve techniques utilized by law enforcement agencies
when responding to reports of missing persons; and
(6) 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.
25. On request of a school board or regional
superintendent of schools, to conduct an inquiry pursuant to
Section 10-21.9 or 34-18.5 of the School Code to ascertain if
an applicant for employment in a school district has been
convicted of any criminal or drug offenses enumerated in
Section 10-21.9 or 34-18.5 of the School Code. The
Department shall furnish such conviction information to the
President of the school board of the school district which
has requested the information, or if the information was
requested by the regional superintendent to that regional
superintendent.
26. To promulgate rules and regulations necessary for
the administration and enforcement of its powers and duties,
wherever granted and imposed, pursuant to the Illinois
Administrative Procedure Act.
27. To (a) promulgate rules pertaining to the
certification, revocation of certification and training of
law enforcement officers as electronic criminal surveillance
officers, (b) provide training and technical assistance to
State's Attorneys and local law enforcement agencies
pertaining to the interception of private oral
communications, (c) promulgate rules necessary for the
administration of Article 108B of the Code of Criminal
Procedure of 1963, including but not limited to standards for
recording and minimization of electronic criminal
surveillance intercepts, documentation required to be
maintained during an intercept, procedures in relation to
evidence developed by an intercept, and (d) charge a
reasonable fee to each law enforcement agency that sends
officers to receive training as electronic criminal
surveillance officers.
28. Upon the request of any private organization which
devotes a major portion of its time to the provision of
recreational, social, educational or child safety services to
children, to conduct, pursuant to positive identification,
criminal background investigations of all of that
organization's current employees, current volunteers,
prospective employees or prospective volunteers charged with
the care and custody of children during the provision of the
organization's services, and to report to the requesting
organization any record of convictions maintained in the
Department's files about such persons. The Department shall
charge an application fee, based on actual costs, for the
dissemination of conviction information pursuant to this
subsection. The Department is empowered to establish this
fee and shall prescribe the form and manner for requesting
and furnishing conviction information pursuant to this
subsection. Information received by the organization from the
Department concerning an individual shall be provided to such
individual. Any such information obtained by the
organization shall be confidential and may not be transmitted
outside the organization and may not be transmitted to anyone
within the organization except as needed for the purpose of
evaluating the individual. Only information and standards
which bear a reasonable and rational relation to the
performance of child care shall be used by the organization.
Any employee of the Department or any member, employee or
volunteer of the organization receiving confidential
information under this subsection who gives or causes to be
given any confidential information concerning any criminal
convictions of an individual shall be guilty of a Class A
misdemeanor unless release of such information is authorized
by this subsection.
29. Upon the request of the Department of Children and
Family Services, to investigate reports of child abuse or
neglect.
30. To obtain registration of a fictitious vital record
pursuant to Section 15.1 of the Vital Records Act.
31. To collect and disseminate information relating to
"hate crimes" as defined under Section 12-7.1 of the Criminal
Code of 1961 contingent upon the availability of State or
Federal funds to revise and upgrade the Illinois Uniform
Crime Reporting System. All law enforcement agencies shall
report monthly to the Department of State Police concerning
such offenses in such form and in such manner as may be
prescribed by rules and regulations adopted by the Department
of State Police. Such information shall be compiled by the
Department and be disseminated upon request to any local law
enforcement agency, unit of local government, or state
agency. Dissemination of such information shall be subject
to all confidentiality requirements otherwise imposed by law.
The Department of State Police shall provide training for
State Police officers in identifying, responding to, and
reporting all hate crimes. The Illinois Local Governmental
Law Enforcement Officer's Training Standards Board shall
develop and certify a course of such training to be made
available to local law enforcement officers.
32. Upon the request of a private carrier company that
provides transportation under Section 28b of the Metropolitan
Transit Authority Act, to ascertain if an applicant for a
driver position has been convicted of any criminal or drug
offense enumerated in Section 28b of the Metropolitan Transit
Authority Act. The Department shall furnish the conviction
information to the private carrier company that requested the
information.
33. To apply for grants or contracts, receive, expend,
allocate, or disburse funds and moneys made available by
public or private entities, including, but not limited to,
contracts, bequests, grants, or receiving equipment from
corporations, foundations, or public or private institutions
of higher learning. All funds received by the Department
from these sources shall be deposited into the appropriate
fund in the State Treasury to be appropriated to the
Department for purposes as indicated by the grantor or
contractor or, in the case of funds or moneys bequeathed or
granted for no specific purpose, for any purpose as deemed
appropriate by the Director in administering the
responsibilities of the Department.
34. Upon the request of the Department of Children and
Family Services, the Department of State Police shall provide
properly designated employees of the Department of Children
and Family Services with criminal history record information
as defined in the Illinois Uniform Conviction Information Act
and information maintained in the adjudicatory and
dispositional record system as defined in subdivision (A)19
of this Section if the Department of Children and Family
Services determines the information is necessary to perform
its duties under the Abused and Neglected Child Reporting
Act, the Child Care Act of 1969, and the Children and Family
Services Act. The request shall be in the form and manner
specified by the Department of State Police.
35. The Illinois Department of Public Aid is an
authorized entity under this Section for the purpose of
obtaining access to various data repositories available
through LEADS, to facilitate the location of individuals for
establishing paternity, and establishing, modifying, and
enforcing child support obligations, pursuant to the Illinois
Public Aid Code and Title IV, Part D of the Social Security
Act. The Department shall enter into an agreement with the
Illinois Department of Public Aid consistent with these
purposes.
36. Upon request of the Department of Human Services, to
conduct an assessment and evaluation of sexually violent
persons as mandated by the Sexually Violent Persons
Commitment Act, the Department shall furnish criminal history
information maintained on the requested person. The request
shall be in the form and manner specified by the Department.
37. To exercise the powers and perform the duties
specifically assigned to the Department under the Wireless
Emergency Telephone Safety Act with respect to the
development and improvement of emergency communications
procedures and facilities in such a manner as to facilitate a
quick response to any person calling the number "9-1-1"
seeking police, fire, medical, or other emergency services
through a wireless carrier as defined in Section 10 of the
Wireless Emergency Telephone Safety Act. Nothing in the
Wireless Emergency Telephone Safety Act shall require the
Illinois State Police to provide wireless enhanced 9-1-1
services.
(B) The Department of State Police may establish and
maintain, within the Department of State Police, a Statewide
Organized Criminal Gang Database (SWORD) for the purpose of
tracking organized criminal gangs and their memberships.
Information in the database may include, but not be limited
to, the name, last known address, birth date, physical
descriptions (such as scars, marks, or tattoos), officer
safety information, organized gang affiliation, and entering
agency identifier. The Department may develop, in
consultation with the Criminal Justice Information Authority,
and in a form and manner prescribed by the Department, an
automated data exchange system to compile, to maintain, and
to make this information electronically available to
prosecutors and to other law enforcement agencies. The
information may be used by authorized agencies to combat the
operations of organized criminal gangs statewide.
(C) The Department of State Police may ascertain the
number of bilingual police officers and other personnel
needed to provide services in a language other than English
and may establish, under applicable personnel rules and
Department guidelines or through a collective bargaining
agreement, a bilingual pay supplement program.
(Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-655, eff.
7-30-98; 90-793, eff. 8-14-98; revised 10-6-98.)
(Text of Section after amendment by P.A. 90-590)
Sec. 55a. Powers and duties.
(A) The Department of State Police shall have the
following powers and duties, and those set forth in Sections
55a-1 through 55c:
1. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the State
Police Act.
2. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the State
Police Radio Act.
3. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the
Criminal Identification Act.
4. To (a) investigate the origins, activities, personnel
and incidents of crime and the ways and means to redress the
victims of crimes, and study the impact, if any, of
legislation relative to the effusion of crime and growing
crime rates, and enforce the criminal laws of this State
related thereto, (b) enforce all laws regulating the
production, sale, prescribing, manufacturing, administering,
transporting, having in possession, dispensing, delivering,
distributing, or use of controlled substances and cannabis,
(c) employ skilled experts, scientists, technicians,
investigators or otherwise specially qualified persons to aid
in preventing or detecting crime, apprehending criminals, or
preparing and presenting evidence of violations of the
criminal laws of the State, (d) cooperate with the police of
cities, villages and incorporated towns, and with the police
officers of any county, in enforcing the laws of the State
and in making arrests and recovering property, (e) apprehend
and deliver up any person charged in this State or any other
State of the United States with treason, felony, or other
crime, who has fled from justice and is found in this State,
and (f) conduct such other investigations as may be provided
by law. Persons exercising these powers within the Department
are conservators of the peace and as such have all the powers
possessed by policemen in cities and sheriffs, except that
they may exercise such powers anywhere in the State in
cooperation with and after contact with the local law
enforcement officials. Such persons may use false or
fictitious names in the performance of their duties under
this paragraph, upon approval of the Director, and shall not
be subject to prosecution under the criminal laws for such
use.
5. To: (a) be a central repository and custodian of
criminal statistics for the State, (b) be a central
repository for criminal history record information, (c)
procure and file for record such information as is necessary
and helpful to plan programs of crime prevention, law
enforcement and criminal justice, (d) procure and file for
record such copies of fingerprints, as may be required by
law, (e) establish general and field crime laboratories, (f)
register and file for record such information as may be
required by law for the issuance of firearm owner's
identification cards, (g) employ polygraph operators,
laboratory technicians and other specially qualified persons
to aid in the identification of criminal activity, and (h)
undertake such other identification, information, laboratory,
statistical or registration activities as may be required by
law.
6. To (a) acquire and operate one or more radio
broadcasting stations in the State to be used for police
purposes, (b) operate a statewide communications network to
gather and disseminate information for law enforcement
agencies, (c) operate an electronic data processing and
computer center for the storage and retrieval of data
pertaining to criminal activity, and (d) undertake such other
communication activities as may be required by law.
7. To provide, as may be required by law, assistance to
local law enforcement agencies through (a) training,
management and consultant services for local law enforcement
agencies, and (b) the pursuit of research and the publication
of studies pertaining to local law enforcement activities.
8. To exercise the rights, powers and duties which have
been vested in the Department of State Police and the
Director of the Department of State Police by the Narcotic
Control Division Abolition Act.
9. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the
Illinois Vehicle Code.
10. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the Firearm
Owners Identification Card Act.
11. To enforce and administer such other laws in
relation to law enforcement as may be vested in the
Department.
12. To transfer jurisdiction of any realty title to
which is held by the State of Illinois under the control of
the Department to any other department of the State
government or to the State Employees Housing Commission, or
to acquire or accept Federal land, when such transfer,
acquisition or acceptance is advantageous to the State and is
approved in writing by the Governor.
13. With the written approval of the Governor, to enter
into agreements with other departments created by this Act,
for the furlough of inmates of the penitentiary to such other
departments for their use in research programs being
conducted by them.
For the purpose of participating in such research
projects, the Department may extend the limits of any
inmate's place of confinement, when there is reasonable cause
to believe that the inmate will honor his or her trust by
authorizing the inmate, under prescribed conditions, to leave
the confines of the place unaccompanied by a custodial agent
of the Department. The Department shall make rules governing
the transfer of the inmate to the requesting other department
having the approved research project, and the return of such
inmate to the unextended confines of the penitentiary. Such
transfer shall be made only with the consent of the inmate.
The willful failure of a prisoner to remain within the
extended limits of his or her confinement or to return within
the time or manner prescribed to the place of confinement
designated by the Department in granting such extension shall
be deemed an escape from custody of the Department and
punishable as provided in Section 3-6-4 of the Unified Code
of Corrections.
14. To provide investigative services, with all of the
powers possessed by policemen in cities and sheriffs, in and
around all race tracks subject to the Horse Racing Act of
1975.
15. To expend such sums as the Director deems necessary
from Contractual Services appropriations for the Division of
Criminal Investigation for the purchase of evidence and for
the employment of persons to obtain evidence. Such sums shall
be advanced to agents authorized by the Director to expend
funds, on vouchers signed by the Director.
16. To assist victims and witnesses in gang crime
prosecutions through the administration of funds appropriated
from the Gang Violence Victims and Witnesses Fund to the
Department. Such funds shall be appropriated to the
Department and shall only be used to assist victims and
witnesses in gang crime prosecutions and such assistance may
include any of the following:
(a) temporary living costs;
(b) moving expenses;
(c) closing costs on the sale of private residence;
(d) first month's rent;
(e) security deposits;
(f) apartment location assistance;
(g) other expenses which the Department considers
appropriate; and
(h) compensation for any loss of or injury to real
or personal property resulting from a gang crime to a
maximum of $5,000, subject to the following provisions:
(1) in the case of loss of property, the
amount of compensation shall be measured by the
replacement cost of similar or like property which
has been incurred by and which is substantiated by
the property owner,
(2) in the case of injury to property, the
amount of compensation shall be measured by the cost
of repair incurred and which can be substantiated by
the property owner,
(3) compensation under this provision is a
secondary source of compensation and shall be
reduced by any amount the property owner receives
from any other source as compensation for the loss
or injury, including, but not limited to, personal
insurance coverage,
(4) no compensation may be awarded if the
property owner was an offender or an accomplice of
the offender, or if the award would unjustly benefit
the offender or offenders, or an accomplice of the
offender or offenders.
No victim or witness may receive such assistance if he or
she is not a part of or fails to fully cooperate in the
prosecution of gang crime members by law enforcement
authorities.
The Department shall promulgate any rules necessary for
the implementation of this amendatory Act of 1985.
17. To conduct arson investigations.
18. To develop a separate statewide statistical police
contact record keeping system for the study of juvenile
delinquency. The records of this police contact system shall
be limited to statistical information. No individually
identifiable information shall be maintained in the police
contact statistical record system.
19. To develop a separate statewide central juvenile
records system for persons arrested prior to the age of 17
under Section 5-401 of the Juvenile Court Act of 1987 or
adjudicated delinquent minors and to make information
available to local law enforcement officers so that law
enforcement officers will be able to obtain rapid access to
the background of the minor from other jurisdictions to the
end that the juvenile police officers can make appropriate
decisions which will best serve the interest of the child and
the community. The Department shall submit a quarterly
report to the General Assembly and Governor which shall
contain the number of juvenile records that the Department
has received in that quarter and, a list, by category, of
offenses that minors were arrested for or convicted of by
age, race and gender.
20. To develop rules which guarantee the confidentiality
of such individually identifiable juvenile records except to
juvenile authorities who request information concerning the
minor and who certify in writing that the information will
not be disclosed to any other party except as provided under
law or order of court. For purposes of this Section,
"juvenile authorities" means: (i) a judge of the circuit
court and members of the staff of the court designated by the
judge; (ii) parties to the proceedings under the Juvenile
Court Act of 1987 and their attorneys; (iii) probation
officers and court appointed advocates for the juvenile
authorized by the judge hearing the case; (iv) any individual
or, public or of private agency having custody of the child
pursuant to court order; (v) any individual or, public or
private agency providing education, medical or mental health
service to the child when the requested information is needed
to determine the appropriate service or treatment for the
minor; (vi) any potential placement provider when such
release is authorized by the court for the limited purpose of
determining the appropriateness of the potential placement;
(vii) law enforcement officers and prosecutors; (viii) adult
and juvenile prisoner review boards; (ix) authorized military
personnel; (x) individuals authorized by court; (xi) the
Illinois General Assembly or any committee or commission
thereof.
21. To develop administrative rules and administrative
hearing procedures which allow a minor, his or her attorney,
and his or her parents or guardian access to individually
identifiable juvenile records for the purpose of determining
or challenging the accuracy of the records. Final
administrative decisions shall be subject to the provisions
of the Administrative Review Law.
22. To charge, collect, and receive fees or moneys
equivalent to the cost of providing Department of State
Police personnel, equipment, and services to local
governmental agencies when explicitly requested by a local
governmental agency and pursuant to an intergovernmental
agreement as provided by this Section, other State agencies,
and federal agencies, including but not limited to fees or
moneys equivalent to the cost of providing dispatching
services, radio and radar repair, and training to local
governmental agencies on such terms and conditions as in the
judgment of the Director are in the best interest of the
State; and to establish, charge, collect and receive fees or
moneys based on the cost of providing responses to requests
for criminal history record information pursuant to positive
identification and any Illinois or federal law authorizing
access to some aspect of such information and to prescribe
the form and manner for requesting and furnishing such
information to the requestor on such terms and conditions as
in the judgment of the Director are in the best interest of
the State, provided fees for requesting and furnishing
criminal history record information may be waived for
requests in the due administration of the criminal laws. The
Department may also charge, collect and receive fees or
moneys equivalent to the cost of providing electronic data
processing lines or related telecommunication services to
local governments, but only when such services can be
provided by the Department at a cost less than that
experienced by said local governments through other means.
All services provided by the Department shall be conducted
pursuant to contracts in accordance with the
Intergovernmental Cooperation Act, and all telecommunication
services shall be provided pursuant to the provisions of
Section 67.18 of this Code.
All fees received by the Department of State Police under
this Act or the Illinois Uniform Conviction Information Act
shall be deposited in a special fund in the State Treasury to
be known as the State Police Services Fund. The money
deposited in the State Police Services Fund shall be
appropriated to the Department of State Police for expenses
of the Department of State Police.
Upon the completion of any audit of the Department of
State Police as prescribed by the Illinois State Auditing
Act, which audit includes an audit of the State Police
Services Fund, the Department of State Police shall make the
audit open to inspection by any interested person.
23. To exercise the powers and perform the duties which
have been vested in the Department of State Police by the
Intergovernmental Missing Child Recovery Act of 1984, and to
establish reasonable rules and regulations necessitated
thereby.
24. (a) To establish and maintain a statewide Law
Enforcement 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. The Department
shall implement an automatic data exchange system to compile,
to maintain and to make available to other law enforcement
agencies for immediate dissemination data which can 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.
(b) In exercising its duties under this subsection, the
Department shall:
(1) provide a uniform reporting format for the
entry of pertinent information regarding the report of a
missing person into LEADS;
(2) 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 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;
(3) 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 such data exists;
(4) compile and retain information regarding lost,
abducted, missing or runaway minors in a separate data
file, in a manner that allows such information to be used
by law enforcement and other agencies deemed appropriate
by the Director, for investigative purposes. Such
information shall include the disposition of all reported
lost, abducted, missing or runaway minor cases;
(5) compile and maintain an historic data
repository relating to lost, abducted, missing or runaway
minors and other missing persons in order to develop and
improve techniques utilized by law enforcement agencies
when responding to reports of missing persons; and
(6) 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.
25. On request of a school board or regional
superintendent of schools, to conduct an inquiry pursuant to
Section 10-21.9 or 34-18.5 of the School Code to ascertain if
an applicant for employment in a school district has been
convicted of any criminal or drug offenses enumerated in
Section 10-21.9 or 34-18.5 of the School Code. The
Department shall furnish such conviction information to the
President of the school board of the school district which
has requested the information, or if the information was
requested by the regional superintendent to that regional
superintendent.
26. To promulgate rules and regulations necessary for
the administration and enforcement of its powers and duties,
wherever granted and imposed, pursuant to the Illinois
Administrative Procedure Act.
27. To (a) promulgate rules pertaining to the
certification, revocation of certification and training of
law enforcement officers as electronic criminal surveillance
officers, (b) provide training and technical assistance to
State's Attorneys and local law enforcement agencies
pertaining to the interception of private oral
communications, (c) promulgate rules necessary for the
administration of Article 108B of the Code of Criminal
Procedure of 1963, including but not limited to standards for
recording and minimization of electronic criminal
surveillance intercepts, documentation required to be
maintained during an intercept, procedures in relation to
evidence developed by an intercept, and (d) charge a
reasonable fee to each law enforcement agency that sends
officers to receive training as electronic criminal
surveillance officers.
28. Upon the request of any private organization which
devotes a major portion of its time to the provision of
recreational, social, educational or child safety services to
children, to conduct, pursuant to positive identification,
criminal background investigations of all of that
organization's current employees, current volunteers,
prospective employees or prospective volunteers charged with
the care and custody of children during the provision of the
organization's services, and to report to the requesting
organization any record of convictions maintained in the
Department's files about such persons. The Department shall
charge an application fee, based on actual costs, for the
dissemination of conviction information pursuant to this
subsection. The Department is empowered to establish this
fee and shall prescribe the form and manner for requesting
and furnishing conviction information pursuant to this
subsection. Information received by the organization from the
Department concerning an individual shall be provided to such
individual. Any such information obtained by the
organization shall be confidential and may not be transmitted
outside the organization and may not be transmitted to anyone
within the organization except as needed for the purpose of
evaluating the individual. Only information and standards
which bear a reasonable and rational relation to the
performance of child care shall be used by the organization.
Any employee of the Department or any member, employee or
volunteer of the organization receiving confidential
information under this subsection who gives or causes to be
given any confidential information concerning any criminal
convictions of an individual shall be guilty of a Class A
misdemeanor unless release of such information is authorized
by this subsection.
29. Upon the request of the Department of Children and
Family Services, to investigate reports of child abuse or
neglect.
30. To obtain registration of a fictitious vital record
pursuant to Section 15.1 of the Vital Records Act.
31. To collect and disseminate information relating to
"hate crimes" as defined under Section 12-7.1 of the Criminal
Code of 1961 contingent upon the availability of State or
Federal funds to revise and upgrade the Illinois Uniform
Crime Reporting System. All law enforcement agencies shall
report monthly to the Department of State Police concerning
such offenses in such form and in such manner as may be
prescribed by rules and regulations adopted by the Department
of State Police. Such information shall be compiled by the
Department and be disseminated upon request to any local law
enforcement agency, unit of local government, or state
agency. Dissemination of such information shall be subject
to all confidentiality requirements otherwise imposed by law.
The Department of State Police shall provide training for
State Police officers in identifying, responding to, and
reporting all hate crimes. The Illinois Law Enforcement
Training Standards Board shall develop and certify a course
of such training to be made available to local law
enforcement officers.
32. Upon the request of a private carrier company that
provides transportation under Section 28b of the Metropolitan
Transit Authority Act, to ascertain if an applicant for a
driver position has been convicted of any criminal or drug
offense enumerated in Section 28b of the Metropolitan Transit
Authority Act. The Department shall furnish the conviction
information to the private carrier company that requested the
information.
33. To apply for grants or contracts, receive, expend,
allocate, or disburse funds and moneys made available by
public or private entities, including, but not limited to,
contracts, bequests, grants, or receiving equipment from
corporations, foundations, or public or private institutions
of higher learning. All funds received by the Department
from these sources shall be deposited into the appropriate
fund in the State Treasury to be appropriated to the
Department for purposes as indicated by the grantor or
contractor or, in the case of funds or moneys bequeathed or
granted for no specific purpose, for any purpose as deemed
appropriate by the Director in administering the
responsibilities of the Department.
34. Upon the request of the Department of Children and
Family Services, the Department of State Police shall provide
properly designated employees of the Department of Children
and Family Services with criminal history record information
as defined in the Illinois Uniform Conviction Information Act
and information maintained in the Statewide Central Juvenile
record system as defined in subdivision (A)19 of this Section
if the Department of Children and Family Services determines
the information is necessary to perform its duties under the
Abused and Neglected Child Reporting Act, the Child Care Act
of 1969, and the Children and Family Services Act. The
request shall be in the form and manner specified by the
Department of State Police.
35. The Illinois Department of Public Aid is an
authorized entity under this Section for the purpose of
exchanging information, in the form and manner required by
the Department of State Police, obtaining access to various
data repositories available through LEADS, to facilitate the
location of individuals for establishing paternity, and
establishing, modifying, and enforcing child support
obligations, pursuant to the Illinois Public Aid Code and
Title IV, Part Section D of the Social Security Act. The
Department shall enter into an agreement with the Illinois
Department of Public Aid consistent with these purposes.
36. Upon request of the Department of Human Services, to
conduct an assessment and evaluation of sexually violent
persons as mandated by the Sexually Violent Persons
Commitment Act, the Department shall furnish criminal history
information maintained on the requested person. The request
shall be in the form and manner specified by the Department.
37. To exercise the powers and perform the duties
specifically assigned to the Department under the Wireless
Emergency Telephone Safety Act with respect to the
development and improvement of emergency communications
procedures and facilities in such a manner as to facilitate a
quick response to any person calling the number "9-1-1"
seeking police, fire, medical, or other emergency services
through a wireless carrier as defined in Section 10 of the
Wireless Emergency Telephone Safety Act. Nothing in the
Wireless Emergency Telephone Safety Act shall require the
Illinois State Police to provide wireless enhanced 9-1-1
services.
(B) The Department of State Police may establish and
maintain, within the Department of State Police, a Statewide
Organized Criminal Gang Database (SWORD) for the purpose of
tracking organized criminal gangs and their memberships.
Information in the database may include, but not be limited
to, the name, last known address, birth date, physical
descriptions (such as scars, marks, or tattoos), officer
safety information, organized gang affiliation, and entering
agency identifier. The Department may develop, in
consultation with the Criminal Justice Information Authority,
and in a form and manner prescribed by the Department, an
automated data exchange system to compile, to maintain, and
to make this information electronically available to
prosecutors and to other law enforcement agencies. The
information may be used by authorized agencies to combat the
operations of organized criminal gangs statewide.
(C) The Department of State Police may ascertain the
number of bilingual police officers and other personnel
needed to provide services in a language other than English
and may establish, under applicable personnel rules and
Department guidelines or through a collective bargaining
agreement, a bilingual pay supplement program.
(Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
1-21-99.)
Section 810. The State Finance Act is amended by adding
Sections 5.490, 5.491, 5.492, and 8.36 as follows:
(30 ILCS 105/5.490 new)
Sec. 5.490. Wireless Service Emergency Fund.
(30 ILCS 105/5.491 new)
Sec. 5.491. State Police Wireless Service Emergency
Fund.
(30 ILCS 105/5.492 new)
Sec. 5.492. Wireless Carrier Reimbursement Fund.
(30 ILCS 105/8.36 new)
Sec. 8.36. State Police Wireless Service Emergency Fund.
(a) The State Police Wireless Service Emergency Fund is
created as a special fund in the State Treasury.
(b) Grants to the Department of State Police from the
Wireless Service Emergency Fund shall be deposited into the
State Police Wireless Service Emergency Fund and shall be
used in accordance with Section 20 of the Wireless Emergency
Telephone Safety Act.
(c) On July 1, 1999, the State Comptroller and State
Treasurer shall transfer $1,300,000 from the General Revenue
Fund to the State Police Wireless Service Emergency Fund. On
June 30, 2003 the State Comptroller and State Treasurer shall
transfer $1,300,000 from the State Police Wireless Service
Emergency Fund to the General Revenue Fund.
Section 995. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived from
any other Public Act.
Section 999. Effective date. This Act takes effect July
1, 1999.
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