Public Act 099-0244
 
HB4097 EnrolledLRB099 04035 AWJ 24053 b


  
    AN ACT concerning local government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Missing Persons Identification Act is 
amended  by changing Section 5 as follows:
 
    (50 ILCS 722/5)

    Sec. 5. Missing person reports. 
    (a) Report acceptance. All law enforcement agencies shall 
accept without delay any report of a missing person. Acceptance 
of a missing person report filed in person may not be refused 
on any ground. No law enforcement agency may refuse to accept a 
missing person report:
        (1) on the basis that the missing person is an adult;
        (2) on the basis that the circumstances do not indicate 
    foul play;
        (3) on the basis that the person has been missing for a 
    short period of time;
        (4) on the basis that the person has been missing a 
    long period of time; 
        (5) on the basis that there is no indication that the 
    missing person was in the jurisdiction served by the law 
    enforcement agency at the time of the disappearance;
        (6) on the basis that the circumstances suggest that 
    the disappearance may be voluntary; 
        (7) on the basis that the reporting individual does not 
    have personal knowledge of the facts;
        (8) on the basis that the reporting individual cannot 
    provide all of the information requested by the law 
    enforcement agency;
        (9) on the basis that the reporting individual lacks a 
    familial or other relationship with the missing person; or
        (9-5) on the basis of the missing person's mental state 
    or medical condition; or 
        (10) for any other reason.
    (b) Manner of reporting.  All law enforcement agencies shall 
accept missing person reports in person. Law enforcement 
agencies are encouraged to accept reports by phone or by 
electronic or other media to the extent that such reporting is 
consistent with law enforcement policies or practices. 
    (c) Contents of report.  In accepting a report of a missing 
person, the law enforcement agency shall attempt to gather 
relevant information relating to the disappearance.  The law 
enforcement agency shall attempt to gather at the time of the 
report information that shall include, but shall not be limited 
to, the following:
        (1) the name of the missing person, including 
    alternative names used; 
        (2) the missing person's date of birth; 
        (3) the missing person's identifying marks, such as 
    birthmarks, moles, tattoos, and scars; 
        (4) the missing person's height and weight; 
        (5) the missing person's gender;
        (6) the missing person's race;
        (7) the missing person's current hair color and true or 
    natural hair color; 
        (8) the missing person's eye color;
        (9) the missing person's prosthetics, surgical 
    implants, or cosmetic implants; 
        (10) the missing person's physical anomalies;
        (11) the missing person's blood type, if known;
        (12) the missing person's driver's license number, if 
    known;
        (13) the missing person's social security number, if 
    known; 
        (14) a photograph of the missing person; recent 
    photographs are preferable and the agency is encouraged to 
    attempt to ascertain the approximate date the photograph 
    was taken;
        (15) a description of the clothing the missing person 
    was believed to be wearing; 
        (16) a description of items that might be with the 
    missing person, such as  jewelry, accessories, and shoes or 
    boots; 
        (17) information on the missing person's electronic 
    communications devices, such as cellular telephone numbers 
    and  e-mail addresses; 
        (18) the reasons why the reporting individual believes 
    that the person is missing;
        (19)
 the name and location of the missing person's 
    school or employer, if known;

        (20) the name and location of the missing person's 
    dentist or primary care physician, or both, if known;
        (21) any circumstances that may indicate that the 
    disappearance was not voluntary;
        (22) any circumstances that may indicate that the 
    missing person may be at risk of injury or death; 
        (23) a description of the possible means of 
    transportation of the missing person, including make, 
    model, color, license number, and Vehicle Identification 
    Number of a vehicle;
        (24) any identifying information about a known or 
    possible abductor or person last seen with the missing 
    person, or both, including:
            (A) name; 
            (B) a physical description;
            (C) date of birth;
            (D) identifying marks; 
            (E) the description of possible means of 
        transportation, including make, model, color, license 
        number, and Vehicle Identification Number of a 
        vehicle; 
            (F) known associates; 
        (25) any other information that may aid in locating the 
    missing person; and 
        (26)  the date of last contact.
    (d) Notification and follow up action.
        (1) Notification. The law enforcement agency shall 
    notify the person making the report, a family member, or 
    other person in a position to assist the law enforcement 
    agency in its efforts to locate the missing person of the 
    following: 
            (A) general information about the handling of the 
        missing person case or about intended efforts in the 
        case to the extent that the law enforcement agency 
        determines that disclosure would not adversely affect 
        its ability to locate or protect the missing person or  
        to apprehend or prosecute any person criminally 
        involved in the disappearance; 
            (B) that the person should promptly contact the law 
        enforcement agency if the missing person remains 
        missing in order to provide additional information and 
        materials that will aid in locating the missing person 
        such as the missing person's credit cards, debit cards, 
        banking information, and cellular telephone records; 
        and
            (C) that any DNA samples provided for the missing 
        person case are provided on a voluntary basis and will 
        be used solely to help locate or identify the missing 
        person and will not be used for any other purpose.
        The law enforcement agency, upon acceptance of a 
    missing person report, shall inform the reporting citizen 
    of one of 2 resources, based upon the age of the missing 
    person.  If the missing person is under 18 years of age, 
    contact information for the National Center for Missing and 
    Exploited Children shall be given.  If the missing person is 
    age 18 or older, contact information for the National 
    Center for Missing Adults shall be given.
        Agencies handling the remains of a missing person who 
    is deceased must notify the agency handling the missing 
    person's case.  Documented efforts must be made to locate 
    family members of the deceased person to inform them of the 
    death and location of the remains of their family member.
        The law enforcement agency is encouraged to make 
    available informational materials, through publications or 
    electronic or other media, that advise the public about how 
    the information or materials identified in this subsection 
    are used to help locate or identify missing persons. 
        (2) Follow up action. If the person identified in the 
    missing person report remains missing after 30 days, and 
    the additional information and materials specified below  
    have not been received, the law enforcement agency shall 
    attempt to obtain:
            (A) DNA samples from family members or from the 
        missing person along with any needed documentation, or 
        both, including any consent forms, required for the use 
        of State or federal DNA databases, including, but not 
        limited to, the Local DNA Index System (LDIS), State 
        DNA Index System (SDIS), and National DNA Index System 
        (NDIS);
            (B) an authorization to release dental or skeletal 
        x-rays of the missing person; 
            (C) any additional photographs of the missing 
        person that may aid the investigation or an 
        identification; the law enforcement agency is not 
        required to obtain written authorization before it 
        releases publicly any photograph that would aid in the 
        investigation or identification of the missing person; 
            (D) dental information and x-rays; and 
            (E) fingerprints. 
        (3) All DNA samples obtained in missing person cases 
    shall be immediately forwarded to the Department of State 
    Police for analysis. The Department of State Police shall 
    establish procedures for determining how to prioritize 
    analysis of the samples relating to missing person cases.
        (4) This subsection  shall not be interpreted to 
    preclude a law enforcement agency from attempting to obtain 
    the materials identified in this subsection before the 
    expiration of the 30-day period. 

(Source: P.A. 95-192, eff. 8-16-07.)