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| Public Act 097-0938 | ||||
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AN ACT concerning children.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. The State Finance Act is amended by changing | ||||
Section 6a-5 as follows:
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(30 ILCS 105/6a-5) (from Ch. 127, par. 142a5)
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Sec. 6a-5.
All moneys received by the Department of State | ||||
Police in the
form of donations, monetary gifts, unexpended | ||||
grant funds of I-SEARCH Units
under Section 5 of the | ||||
Intergovernmental Missing Child Recovery Act
of 1984, or other | ||||
financial assistance from private sources or individuals
for | ||||
the purposes of promoting and conducting programs or activities | ||||
for the
prevention or recovery of missing or exploited children | ||||
shall be deposited
into the Missing and Exploited Children | ||||
Trust Fund. The Department may
use those funds for activities | ||||
or purposes to assist the Department in
meeting its | ||||
responsibilities relating to the Intergovernmental Missing
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Child Recovery Act of 1984, including the enforcement of laws | ||||
relating to
child exploitation, the investigation and | ||||
prosecution of offenders of child
exploitation laws, or for any | ||||
other activity or purpose that will
aid in the prevention of | ||||
the exploitation of children or in the recovery of
missing and | ||||
exploited children, as deemed necessary by the Department. All
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monies expended by the Department shall be appropriated by the | ||
General
Assembly.
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(Source: P.A. 87-888.)
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Section 3. The Abused and Neglected Child Reporting Act is | ||
amended by changing Section 4.3 as follows:
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(325 ILCS 5/4.3)
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Sec. 4.3. DCFS duty to report. The Department shall report | ||
the
disappearance of any child under its custody or | ||
guardianship to the local law
enforcement agency working in | ||
cooperation with the State Missing Persons Clearinghouse I | ||
SEARCH Unit located
nearest the last known whereabouts of the | ||
child.
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(Source: P.A. 90-27, eff. 1-1-98.)
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Section 5. The Intergovernmental Missing Child Recovery | ||
Act of 1984 is amended by changing Sections 2, 3, 3.5, 7, and 8 | ||
as follows:
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(325 ILCS 40/2) (from Ch. 23, par. 2252)
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Sec. 2. As used in this Act: | ||
(a) "Department" means the Department of State Police.
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(b) "Director" means the Director of the Department of | ||
State Police.
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(c) "Unit of local government" is defined as in Article | ||
VII, Section 1
of the Illinois Constitution and includes both | ||
home rule units and units
which are not home rule units. The | ||
term is also defined to include all
public school districts | ||
subject to the provisions of the School Code.
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(d) "Child" means a person under 21 years of age.
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(e) A "LEADS terminal" is an interactive computerized | ||
communication and
processing unit which permits a direct | ||
on-line communication with the
Department of State Police's | ||
central data repository, the Law Enforcement
Agencies Data | ||
System (LEADS).
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(f) A "primary contact agency" means a law enforcement | ||
agency which
maintains a LEADS terminal, or has immediate | ||
access to one on a
24-hour-per-day, 7-day-per-week basis by | ||
written agreement with another law
enforcement agency, and is | ||
designated by the I SEARCH policy board to be
the agency | ||
responsible for coordinating the joint efforts between the
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Department of State Police and the I SEARCH program | ||
participants.
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(g) (Blank) "Illinois State Enforcement Agencies to | ||
Recover Children Unit" or "I
SEARCH Unit" means a combination | ||
of units of local government within a
contiguous geographical | ||
area served by one or more LEADS terminals and
established to | ||
collectively address the missing and exploited children
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problem in their respective geographical areas.
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(h) "Missing child" means any person under 21 years of age | ||
whose whereabouts
are unknown to his or her parents or legal | ||
guardian.
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(i) "Exploitation" means activities and actions which | ||
include, but are
not limited to, child pornography, aggravated | ||
child pornography, child prostitution, child sexual abuse,
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drug and substance abuse by children, and child suicide.
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(j) (Blank) "Participating agency" means a law enforcement | ||
agency that does
not receive State funding, but signs an | ||
agreement of intergovernmental
cooperation with the Department | ||
to perform the duties of an I SEARCH Unit.
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(Source: P.A. 96-1551, eff. 7-1-11.)
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(325 ILCS 40/3) (from Ch. 23, par. 2253)
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Sec. 3.
The Department shall establish a State Missing | ||
Persons Clearinghouse as a resource Each I SEARCH unit shall be | ||
established to promote an immediate
and effective community | ||
response to missing children and may engage in,
but shall not | ||
be limited to, the following activities:
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(a) To establish and conduct programs to educate parents, | ||
children and
communities in ways to prevent the abduction of | ||
children.
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(b) To conduct training programs and distribute materials | ||
providing
guidelines for children when dealing with strangers, | ||
casual acquaintances,
or non-custodial parents, in order to | ||
avoid abduction or kidnapping situations.
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(c) To compile, maintain and make available data upon the | ||
request of law
enforcement agencies and other entities deemed | ||
appropriate by the Department
to assist enforcement agencies in | ||
recovering missing children, including
but not limited to data | ||
regarding the places of shelter commonly used by
runaway | ||
children in a requested geographical area the geographical area | ||
encompassed by the I SEARCH Unit.
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(d) To draft and implement plans for the most efficient use | ||
of available
resources to publicize information regarding and | ||
conduct searches for missing children.
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(e) To establish and maintain contacts with other state | ||
missing persons clearinghouses I SEARCH Units, law
enforcement | ||
agencies, and missing persons non-profit organizations the | ||
Department in order to increase the
probability of locating and | ||
returning missing children, and to otherwise
assist in the | ||
recovery and tracking of missing children.
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(f) To coordinate the tracking and recovery of children | ||
under the custody
or guardianship of the Department of Children | ||
and Family Services whose
disappearance has been reported and | ||
to produce an annual report indicating the
number of children | ||
under the custody or guardianship of that Department who
have | ||
been reported missing and the number who have been recovered.
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(g) To conduct other activities as may be necessary
to | ||
achieve the goals established by this Act.
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(Source: P.A. 90-27, eff. 1-1-98.)
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(325 ILCS 40/3.5)
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Sec. 3.5. Contact with Department of Children and Family | ||
Services. For
each child reported missing and entered into the | ||
LEADS network as part of the I
SEARCH program,
the Department | ||
shall, in the form and manner it determines, contact the
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Department of Children and Family Services to provide it with | ||
the name, age,
and sex of the child, and the geographic area | ||
from which the child was reported
missing so that the | ||
Department of Children and Family Services can determine if
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that child had been abandoned within the previous 2 months.
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(Source: P.A. 89-213, eff. 1-1-96.)
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(325 ILCS 40/7) (from Ch. 23, par. 2257)
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Sec. 7.
(a) All law enforcement agencies and policing | ||
bodies of this
State shall, upon receipt of a report of a | ||
missing person, enter that
report into LEADS as soon as the | ||
minimum level of data specified pursuant
to subsection (e) of | ||
Section 6 is available and shall furnish the
Department, in the | ||
form and detail the Department requires, (1) reports of
cases | ||
of lost, missing or runaway children as they arise and the | ||
disposition of
such cases, (2) information relating to sex | ||
crimes which occurred in their
respective jurisdictions and | ||
which they investigated, and (3) the names and
addresses of sex | ||
offenders required to register in their
respective | ||
jurisdictions under the Sex Offender Registration
Act. Such | ||
information shall be submitted on a regular basis, as deemed
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necessary by the Department, and shall be kept in a central | ||
automated data
repository for the purpose of establishing | ||
profiles of sex offenders and
victims and to assist all law | ||
enforcement agencies in the identification and
apprehension of | ||
sex offenders.
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(b) In addition to entering the report of a missing child | ||
into LEADS
as prescribed by subsection (a), all law enforcement | ||
agencies shall, upon
receipt of a report of a missing child:
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(1) Immediately make a radio dispatch to officers on | ||
duty at the time of
receipt of the report. The dispatch | ||
shall contain the name and approximate
age of the missing | ||
child and any other pertinent information available at
that | ||
time. In the event that the law enforcement agency | ||
receiving the
report of the missing child does not operate | ||
a radio dispatch system, a
geographically appropriate | ||
radio dispatch system shall be used, such as the
Illinois | ||
State Police Emergency Radio Network or a similar | ||
multi-agency law
enforcement radio communication system | ||
serving the area of the reporting
agency.
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In addition, in the event that a missing child is not | ||
recovered during
the work shift in which the radio dispatch | ||
was made, the law enforcement
agency receiving the report | ||
of the missing child shall disseminate the
information | ||
relating to the missing child to all sworn personnel | ||
employed
by the agency who work or are assigned to other | ||
shifts or time periods.
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(2) Immediately contact State Missing Persons | ||
Clearinghouse I-SEARCH program personnel designated by the
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Department, by a means and in a manner and form prescribed | |||||||||||||||||||||||||||||||||||||||
by the
Department, informing the personnel of the report of | |||||||||||||||||||||||||||||||||||||||
the missing child.
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(Source: P.A. 89-8, eff. 1-1-96.)
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(325 ILCS 40/8) (from Ch. 23, par. 2258)
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Sec. 8.
The Director shall report by June 30 December 31 of | |||||||||||||||||||||||||||||||||||||||
each year to the
Governor and the General Assembly on the | |||||||||||||||||||||||||||||||||||||||
operations of the State Missing Persons Clearinghouse | |||||||||||||||||||||||||||||||||||||||
statewide I
SEARCH program including a breakdown of the | |||||||||||||||||||||||||||||||||||||||
appropriation for the previous
calendar year fiscal year | |||||||||||||||||||||||||||||||||||||||
indicating the amount of the State grant each I SEARCH unit
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received.
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(Source: P.A. 85-214.)
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(325 ILCS 40/4 rep.)
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(325 ILCS 40/5 rep.)
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Section 10. The Intergovernmental Missing Child Recovery | |||||||||||||||||||||||||||||||||||||||
Act of 1984 is amended by repealing Sections 4 and 5.
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Section 99. Effective date. This Act takes effect January | |||||||||||||||||||||||||||||||||||||||
1, 2013.
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