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91_HB1089ham002
LRB9103987KSgcam02
1 AMENDMENT TO HOUSE BILL 1089
2 AMENDMENT NO. . Amend House Bill 1089 by replacing
3 the title with the following:
4 "AN ACT concerning law enforcement, amending named
5 Acts."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Civil Administrative Code of Illinois is
9 amended by changing Section 55a as follows:
10 (20 ILCS 2605/55a) (from Ch. 127, par. 55a)
11 (Text of Section before amendment by P.A. 90-590)
12 Sec. 55a. Powers and duties.
13 (A) The Department of State Police shall have the
14 following powers and duties, and those set forth in Sections
15 55a-1 through 55c:
16 1. To exercise the rights, powers and duties which have
17 been vested in the Department of Public Safety by the State
18 Police Act.
19 2. To exercise the rights, powers and duties which have
20 been vested in the Department of Public Safety by the State
21 Police Radio Act.
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1 3. To exercise the rights, powers and duties which have
2 been vested in the Department of Public Safety by the
3 Criminal Identification Act.
4 4. To (a) investigate the origins, activities, personnel
5 and incidents of crime and the ways and means to redress the
6 victims of crimes, and study the impact, if any, of
7 legislation relative to the effusion of crime and growing
8 crime rates, and enforce the criminal laws of this State
9 related thereto, (b) enforce all laws regulating the
10 production, sale, prescribing, manufacturing, administering,
11 transporting, having in possession, dispensing, delivering,
12 distributing, or use of controlled substances and cannabis,
13 (c) employ skilled experts, scientists, technicians,
14 investigators or otherwise specially qualified persons to aid
15 in preventing or detecting crime, apprehending criminals, or
16 preparing and presenting evidence of violations of the
17 criminal laws of the State, (d) cooperate with the police of
18 cities, villages and incorporated towns, and with the police
19 officers of any county, in enforcing the laws of the State
20 and in making arrests and recovering property, (e) apprehend
21 and deliver up any person charged in this State or any other
22 State of the United States with treason, felony, or other
23 crime, who has fled from justice and is found in this State,
24 and (f) conduct such other investigations as may be provided
25 by law. Persons exercising these powers within the Department
26 are conservators of the peace and as such have all the powers
27 possessed by policemen in cities and sheriffs, except that
28 they may exercise such powers anywhere in the State in
29 cooperation with and after contact with the local law
30 enforcement officials. Such persons may use false or
31 fictitious names in the performance of their duties under
32 this paragraph, upon approval of the Director, and shall not
33 be subject to prosecution under the criminal laws for such
34 use.
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1 5. To: (a) be a central repository and custodian of
2 criminal statistics for the State, (b) be a central
3 repository for criminal history record information, (c)
4 procure and file for record such information as is necessary
5 and helpful to plan programs of crime prevention, law
6 enforcement and criminal justice, (d) procure and file for
7 record such copies of fingerprints, as may be required by
8 law, (e) establish general and field crime laboratories, (f)
9 register and file for record such information as may be
10 required by law for the issuance of firearm owner's
11 identification cards, (g) employ polygraph operators,
12 laboratory technicians and other specially qualified persons
13 to aid in the identification of criminal activity, and (h)
14 undertake such other identification, information, laboratory,
15 statistical or registration activities as may be required by
16 law.
17 6. To (a) acquire and operate one or more radio
18 broadcasting stations in the State to be used for police
19 purposes, (b) operate a statewide communications network to
20 gather and disseminate information for law enforcement
21 agencies, (c) operate an electronic data processing and
22 computer center for the storage and retrieval of data
23 pertaining to criminal activity, and (d) undertake such other
24 communication activities as may be required by law.
25 7. To provide, as may be required by law, assistance to
26 local law enforcement agencies through (a) training,
27 management and consultant services for local law enforcement
28 agencies, and (b) the pursuit of research and the publication
29 of studies pertaining to local law enforcement activities.
30 8. To exercise the rights, powers and duties which have
31 been vested in the Department of State Police and the
32 Director of the Department of State Police by the Narcotic
33 Control Division Abolition Act.
34 9. To exercise the rights, powers and duties which have
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1 been vested in the Department of Public Safety by the
2 Illinois Vehicle Code.
3 10. To exercise the rights, powers and duties which have
4 been vested in the Department of Public Safety by the Firearm
5 Owners Identification Card Act.
6 11. To enforce and administer such other laws in
7 relation to law enforcement as may be vested in the
8 Department.
9 12. To transfer jurisdiction of any realty title to
10 which is held by the State of Illinois under the control of
11 the Department to any other department of the State
12 government or to the State Employees Housing Commission, or
13 to acquire or accept Federal land, when such transfer,
14 acquisition or acceptance is advantageous to the State and is
15 approved in writing by the Governor.
16 13. With the written approval of the Governor, to enter
17 into agreements with other departments created by this Act,
18 for the furlough of inmates of the penitentiary to such other
19 departments for their use in research programs being
20 conducted by them.
21 For the purpose of participating in such research
22 projects, the Department may extend the limits of any
23 inmate's place of confinement, when there is reasonable cause
24 to believe that the inmate will honor his or her trust by
25 authorizing the inmate, under prescribed conditions, to leave
26 the confines of the place unaccompanied by a custodial agent
27 of the Department. The Department shall make rules governing
28 the transfer of the inmate to the requesting other department
29 having the approved research project, and the return of such
30 inmate to the unextended confines of the penitentiary. Such
31 transfer shall be made only with the consent of the inmate.
32 The willful failure of a prisoner to remain within the
33 extended limits of his or her confinement or to return within
34 the time or manner prescribed to the place of confinement
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1 designated by the Department in granting such extension shall
2 be deemed an escape from custody of the Department and
3 punishable as provided in Section 3-6-4 of the Unified Code
4 of Corrections.
5 14. To provide investigative services, with all of the
6 powers possessed by policemen in cities and sheriffs, in and
7 around all race tracks subject to the Horse Racing Act of
8 1975.
9 15. To expend such sums as the Director deems necessary
10 from Contractual Services appropriations for the Division of
11 Criminal Investigation for the purchase of evidence and for
12 the employment of persons to obtain evidence. Such sums shall
13 be advanced to agents authorized by the Director to expend
14 funds, on vouchers signed by the Director.
15 16. To assist victims and witnesses in gang crime
16 prosecutions through the administration of funds appropriated
17 from the Gang Violence Victims and Witnesses Fund to the
18 Department. Such funds shall be appropriated to the
19 Department and shall only be used to assist victims and
20 witnesses in gang crime prosecutions and such assistance may
21 include any of the following:
22 (a) temporary living costs;
23 (b) moving expenses;
24 (c) closing costs on the sale of private residence;
25 (d) first month's rent;
26 (e) security deposits;
27 (f) apartment location assistance;
28 (g) other expenses which the Department considers
29 appropriate; and
30 (h) compensation for any loss of or injury to real
31 or personal property resulting from a gang crime to a
32 maximum of $5,000, subject to the following provisions:
33 (1) in the case of loss of property, the
34 amount of compensation shall be measured by the
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1 replacement cost of similar or like property which
2 has been incurred by and which is substantiated by
3 the property owner,
4 (2) in the case of injury to property, the
5 amount of compensation shall be measured by the cost
6 of repair incurred and which can be substantiated by
7 the property owner,
8 (3) compensation under this provision is a
9 secondary source of compensation and shall be
10 reduced by any amount the property owner receives
11 from any other source as compensation for the loss
12 or injury, including, but not limited to, personal
13 insurance coverage,
14 (4) no compensation may be awarded if the
15 property owner was an offender or an accomplice of
16 the offender, or if the award would unjustly benefit
17 the offender or offenders, or an accomplice of the
18 offender or offenders.
19 No victim or witness may receive such assistance if he or
20 she is not a part of or fails to fully cooperate in the
21 prosecution of gang crime members by law enforcement
22 authorities.
23 The Department shall promulgate any rules necessary for
24 the implementation of this amendatory Act of 1985.
25 17. To conduct arson investigations.
26 18. To develop a separate statewide statistical police
27 contact record keeping system for the study of juvenile
28 delinquency. The records of this police contact system shall
29 be limited to statistical information. No individually
30 identifiable information shall be maintained in the police
31 contact statistical record system.
32 19. To develop a separate statewide central adjudicatory
33 and dispositional records system for persons under 19 years
34 of age who have been adjudicated delinquent minors and to
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1 make information available to local registered participating
2 police youth officers so that police youth officers will be
3 able to obtain rapid access to the juvenile's background from
4 other jurisdictions to the end that the police youth officers
5 can make appropriate dispositions which will best serve the
6 interest of the child and the community. Information
7 maintained in the adjudicatory and dispositional record
8 system shall be limited to the incidents or offenses for
9 which the minor was adjudicated delinquent by a court, and a
10 copy of the court's dispositional order. All individually
11 identifiable records in the adjudicatory and dispositional
12 records system shall be destroyed when the person reaches 19
13 years of age.
14 20. To develop rules which guarantee the confidentiality
15 of such individually identifiable adjudicatory and
16 dispositional records except when used for the following:
17 (a) by authorized juvenile court personnel or the
18 State's Attorney in connection with proceedings under the
19 Juvenile Court Act of 1987; or
20 (b) inquiries from registered police youth
21 officers.
22 For the purposes of this Act "police youth officer" means
23 a member of a duly organized State, county or municipal
24 police force who is assigned by his or her Superintendent,
25 Sheriff or chief of police, as the case may be, to specialize
26 in youth problems.
27 21. To develop administrative rules and administrative
28 hearing procedures which allow a minor, his or her attorney,
29 and his or her parents or guardian access to individually
30 identifiable adjudicatory and dispositional records for the
31 purpose of determining or challenging the accuracy of the
32 records. Final administrative decisions shall be subject to
33 the provisions of the Administrative Review Law.
34 22. To charge, collect, and receive fees or moneys
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1 equivalent to the cost of providing Department of State
2 Police personnel, equipment, and services to local
3 governmental agencies when explicitly requested by a local
4 governmental agency and pursuant to an intergovernmental
5 agreement as provided by this Section, other State agencies,
6 and federal agencies, including but not limited to fees or
7 moneys equivalent to the cost of providing dispatching
8 services, radio and radar repair, and training to local
9 governmental agencies on such terms and conditions as in the
10 judgment of the Director are in the best interest of the
11 State; and to establish, charge, collect and receive fees or
12 moneys based on the cost of providing responses to requests
13 for criminal history record information pursuant to positive
14 identification and any Illinois or federal law authorizing
15 access to some aspect of such information and to prescribe
16 the form and manner for requesting and furnishing such
17 information to the requestor on such terms and conditions as
18 in the judgment of the Director are in the best interest of
19 the State, provided fees for requesting and furnishing
20 criminal history record information may be waived for
21 requests in the due administration of the criminal laws. The
22 Department may also charge, collect and receive fees or
23 moneys equivalent to the cost of providing electronic data
24 processing lines or related telecommunication services to
25 local governments, but only when such services can be
26 provided by the Department at a cost less than that
27 experienced by said local governments through other means.
28 All services provided by the Department shall be conducted
29 pursuant to contracts in accordance with the
30 Intergovernmental Cooperation Act, and all telecommunication
31 services shall be provided pursuant to the provisions of
32 Section 67.18 of this Code.
33 All fees received by the Department of State Police under
34 this Act or the Illinois Uniform Conviction Information Act
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1 shall be deposited in a special fund in the State Treasury to
2 be known as the State Police Services Fund. The money
3 deposited in the State Police Services Fund shall be
4 appropriated to the Department of State Police for expenses
5 of the Department of State Police.
6 Upon the completion of any audit of the Department of
7 State Police as prescribed by the Illinois State Auditing
8 Act, which audit includes an audit of the State Police
9 Services Fund, the Department of State Police shall make the
10 audit open to inspection by any interested person.
11 23. To exercise the powers and perform the duties which
12 have been vested in the Department of State Police by the
13 Intergovernmental Missing Child Recovery Act of 1984, and to
14 establish reasonable rules and regulations necessitated
15 thereby.
16 24. (a) To establish and maintain a statewide Law
17 Enforcement Agencies Data System (LEADS) for the purpose of
18 providing electronic access by authorized entities to
19 criminal justice data repositories and effecting an immediate
20 law enforcement response to reports of missing persons,
21 including lost, missing or runaway minors. The Department
22 shall implement an automatic data exchange system to compile,
23 to maintain and to make available to other law enforcement
24 agencies for immediate dissemination data which can assist
25 appropriate agencies in recovering missing persons and
26 provide access by authorized entities to various data
27 repositories available through LEADS for criminal justice and
28 related purposes. To assist the Department in this effort,
29 funds may be appropriated from the LEADS Maintenance Fund.
30 (b) In exercising its duties under this subsection, the
31 Department shall:
32 (1) provide a uniform reporting format for the
33 entry of pertinent information regarding the report of a
34 missing person into LEADS;
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1 (2) develop and implement a policy whereby a
2 statewide or regional alert would be used in situations
3 relating to the disappearances of individuals, based on
4 criteria and in a format established by the Department.
5 Such a format shall include, but not be limited to, the
6 age of the missing person and the suspected circumstance
7 of the disappearance;
8 (3) notify all law enforcement agencies that
9 reports of missing persons shall be entered as soon as
10 the minimum level of data specified by the Department is
11 available to the reporting agency, and that no waiting
12 period for the entry of such data exists;
13 (4) compile and retain information regarding lost,
14 abducted, missing or runaway minors in a separate data
15 file, in a manner that allows such information to be used
16 by law enforcement and other agencies deemed appropriate
17 by the Director, for investigative purposes. Such
18 information shall include the disposition of all reported
19 lost, abducted, missing or runaway minor cases;
20 (5) compile and maintain an historic data
21 repository relating to lost, abducted, missing or runaway
22 minors and other missing persons in order to develop and
23 improve techniques utilized by law enforcement agencies
24 when responding to reports of missing persons; and
25 (6) create a quality control program regarding
26 confirmation of missing person data, timeliness of
27 entries of missing person reports into LEADS and
28 performance audits of all entering agencies.
29 25. On request of a school board or regional
30 superintendent of schools, to conduct an inquiry pursuant to
31 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
32 an applicant for employment in a school district has been
33 convicted of any criminal or drug offenses enumerated in
34 Section 10-21.9 or 34-18.5 of the School Code. The
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1 Department shall furnish such conviction information to the
2 President of the school board of the school district which
3 has requested the information, or if the information was
4 requested by the regional superintendent to that regional
5 superintendent.
6 26. To promulgate rules and regulations necessary for
7 the administration and enforcement of its powers and duties,
8 wherever granted and imposed, pursuant to the Illinois
9 Administrative Procedure Act.
10 27. To (a) promulgate rules pertaining to the
11 certification, revocation of certification and training of
12 law enforcement officers as electronic criminal surveillance
13 officers, (b) provide training and technical assistance to
14 State's Attorneys and local law enforcement agencies
15 pertaining to the interception of private oral
16 communications, (c) promulgate rules necessary for the
17 administration of Article 108B of the Code of Criminal
18 Procedure of 1963, including but not limited to standards for
19 recording and minimization of electronic criminal
20 surveillance intercepts, documentation required to be
21 maintained during an intercept, procedures in relation to
22 evidence developed by an intercept, and (d) charge a
23 reasonable fee to each law enforcement agency that sends
24 officers to receive training as electronic criminal
25 surveillance officers.
26 28. Upon the request of any private organization which
27 devotes a major portion of its time to the provision of
28 recreational, social, educational or child safety services to
29 children, to conduct, pursuant to positive identification,
30 criminal background investigations of all of that
31 organization's current employees, current volunteers,
32 prospective employees or prospective volunteers charged with
33 the care and custody of children during the provision of the
34 organization's services, and to report to the requesting
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1 organization any record of convictions maintained in the
2 Department's files about such persons. The Department shall
3 charge an application fee, based on actual costs, for the
4 dissemination of conviction information pursuant to this
5 subsection. The Department is empowered to establish this
6 fee and shall prescribe the form and manner for requesting
7 and furnishing conviction information pursuant to this
8 subsection. Information received by the organization from the
9 Department concerning an individual shall be provided to such
10 individual. Any such information obtained by the
11 organization shall be confidential and may not be transmitted
12 outside the organization and may not be transmitted to anyone
13 within the organization except as needed for the purpose of
14 evaluating the individual. Only information and standards
15 which bear a reasonable and rational relation to the
16 performance of child care shall be used by the organization.
17 Any employee of the Department or any member, employee or
18 volunteer of the organization receiving confidential
19 information under this subsection who gives or causes to be
20 given any confidential information concerning any criminal
21 convictions of an individual shall be guilty of a Class A
22 misdemeanor unless release of such information is authorized
23 by this subsection.
24 29. Upon the request of the Department of Children and
25 Family Services, to investigate reports of child abuse or
26 neglect.
27 30. To obtain registration of a fictitious vital record
28 pursuant to Section 15.1 of the Vital Records Act.
29 31. To collect and disseminate information relating to
30 "hate crimes" as defined under Section 12-7.1 of the Criminal
31 Code of 1961 contingent upon the availability of State or
32 Federal funds to revise and upgrade the Illinois Uniform
33 Crime Reporting System. All law enforcement agencies shall
34 report monthly to the Department of State Police concerning
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1 such offenses in such form and in such manner as may be
2 prescribed by rules and regulations adopted by the Department
3 of State Police. Such information shall be compiled by the
4 Department and be disseminated upon request to any local law
5 enforcement agency, unit of local government, or state
6 agency. Dissemination of such information shall be subject
7 to all confidentiality requirements otherwise imposed by law.
8 The Department of State Police shall provide training for
9 State Police officers in identifying, responding to, and
10 reporting all hate crimes. The Illinois Local Governmental
11 Law Enforcement Officer's Training Standards Board shall
12 develop and certify a course of such training to be made
13 available to local law enforcement officers.
14 32. Upon the request of a private carrier company that
15 provides transportation under Section 28b of the Metropolitan
16 Transit Authority Act, to ascertain if an applicant for a
17 driver position has been convicted of any criminal or drug
18 offense enumerated in Section 28b of the Metropolitan Transit
19 Authority Act. The Department shall furnish the conviction
20 information to the private carrier company that requested the
21 information.
22 33. To apply for grants or contracts, receive, expend,
23 allocate, or disburse funds and moneys made available by
24 public or private entities, including, but not limited to,
25 contracts, bequests, grants, or receiving equipment from
26 corporations, foundations, or public or private institutions
27 of higher learning. All funds received by the Department
28 from these sources shall be deposited into the appropriate
29 fund in the State Treasury to be appropriated to the
30 Department for purposes as indicated by the grantor or
31 contractor or, in the case of funds or moneys bequeathed or
32 granted for no specific purpose, for any purpose as deemed
33 appropriate by the Director in administering the
34 responsibilities of the Department.
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1 34. Upon the request of the Department of Children and
2 Family Services, the Department of State Police shall provide
3 properly designated employees of the Department of Children
4 and Family Services with criminal history record information
5 as defined in the Illinois Uniform Conviction Information Act
6 and information maintained in the adjudicatory and
7 dispositional record system as defined in subdivision (A)19
8 of this Section if the Department of Children and Family
9 Services determines the information is necessary to perform
10 its duties under the Abused and Neglected Child Reporting
11 Act, the Child Care Act of 1969, and the Children and Family
12 Services Act. The request shall be in the form and manner
13 specified by the Department of State Police.
14 35. The Illinois Department of Public Aid is an
15 authorized entity under this Section for the purpose of
16 obtaining access to various data repositories available
17 through LEADS, to facilitate the location of individuals for
18 establishing paternity, and establishing, modifying, and
19 enforcing child support obligations, pursuant to the Illinois
20 Public Aid Code and Title IV, Part D of the Social Security
21 Act. The Department shall enter into an agreement with the
22 Illinois Department of Public Aid consistent with these
23 purposes.
24 36. Upon request of the Department of Human Services, to
25 conduct an assessment and evaluation of sexually violent
26 persons as mandated by the Sexually Violent Persons
27 Commitment Act, the Department shall furnish criminal history
28 information maintained on the requested person. The request
29 shall be in the form and manner specified by the Department.
30 37. To provide training and continuing education to
31 State Police officers concerning cultural diversity,
32 including sensitivity toward racial and ethnic differences.
33 This training and continuing education shall include, but not
34 be limited to, an emphasis on the fact that the primary
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1 purpose of enforcement of the Illinois Vehicle Code is safety
2 and equal and uniform enforcement under the law.
3 (B) The Department of State Police may establish and
4 maintain, within the Department of State Police, a Statewide
5 Organized Criminal Gang Database (SWORD) for the purpose of
6 tracking organized criminal gangs and their memberships.
7 Information in the database may include, but not be limited
8 to, the name, last known address, birth date, physical
9 descriptions (such as scars, marks, or tattoos), officer
10 safety information, organized gang affiliation, and entering
11 agency identifier. The Department may develop, in
12 consultation with the Criminal Justice Information Authority,
13 and in a form and manner prescribed by the Department, an
14 automated data exchange system to compile, to maintain, and
15 to make this information electronically available to
16 prosecutors and to other law enforcement agencies. The
17 information may be used by authorized agencies to combat the
18 operations of organized criminal gangs statewide.
19 (C) The Department of State Police may ascertain the
20 number of bilingual police officers and other personnel
21 needed to provide services in a language other than English
22 and may establish, under applicable personnel rules and
23 Department guidelines or through a collective bargaining
24 agreement, a bilingual pay supplement program.
25 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
26 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-655, eff.
27 7-30-98; 90-793, eff. 8-14-98; revised 10-6-98.)
28 (Text of Section after amendment by P.A. 90-590)
29 Sec. 55a. Powers and duties.
30 (A) The Department of State Police shall have the
31 following powers and duties, and those set forth in Sections
32 55a-1 through 55c:
33 1. To exercise the rights, powers and duties which have
34 been vested in the Department of Public Safety by the State
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1 Police Act.
2 2. To exercise the rights, powers and duties which have
3 been vested in the Department of Public Safety by the State
4 Police Radio Act.
5 3. To exercise the rights, powers and duties which have
6 been vested in the Department of Public Safety by the
7 Criminal Identification Act.
8 4. To (a) investigate the origins, activities, personnel
9 and incidents of crime and the ways and means to redress the
10 victims of crimes, and study the impact, if any, of
11 legislation relative to the effusion of crime and growing
12 crime rates, and enforce the criminal laws of this State
13 related thereto, (b) enforce all laws regulating the
14 production, sale, prescribing, manufacturing, administering,
15 transporting, having in possession, dispensing, delivering,
16 distributing, or use of controlled substances and cannabis,
17 (c) employ skilled experts, scientists, technicians,
18 investigators or otherwise specially qualified persons to aid
19 in preventing or detecting crime, apprehending criminals, or
20 preparing and presenting evidence of violations of the
21 criminal laws of the State, (d) cooperate with the police of
22 cities, villages and incorporated towns, and with the police
23 officers of any county, in enforcing the laws of the State
24 and in making arrests and recovering property, (e) apprehend
25 and deliver up any person charged in this State or any other
26 State of the United States with treason, felony, or other
27 crime, who has fled from justice and is found in this State,
28 and (f) conduct such other investigations as may be provided
29 by law. Persons exercising these powers within the Department
30 are conservators of the peace and as such have all the powers
31 possessed by policemen in cities and sheriffs, except that
32 they may exercise such powers anywhere in the State in
33 cooperation with and after contact with the local law
34 enforcement officials. Such persons may use false or
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1 fictitious names in the performance of their duties under
2 this paragraph, upon approval of the Director, and shall not
3 be subject to prosecution under the criminal laws for such
4 use.
5 5. To: (a) be a central repository and custodian of
6 criminal statistics for the State, (b) be a central
7 repository for criminal history record information, (c)
8 procure and file for record such information as is necessary
9 and helpful to plan programs of crime prevention, law
10 enforcement and criminal justice, (d) procure and file for
11 record such copies of fingerprints, as may be required by
12 law, (e) establish general and field crime laboratories, (f)
13 register and file for record such information as may be
14 required by law for the issuance of firearm owner's
15 identification cards, (g) employ polygraph operators,
16 laboratory technicians and other specially qualified persons
17 to aid in the identification of criminal activity, and (h)
18 undertake such other identification, information, laboratory,
19 statistical or registration activities as may be required by
20 law.
21 6. To (a) acquire and operate one or more radio
22 broadcasting stations in the State to be used for police
23 purposes, (b) operate a statewide communications network to
24 gather and disseminate information for law enforcement
25 agencies, (c) operate an electronic data processing and
26 computer center for the storage and retrieval of data
27 pertaining to criminal activity, and (d) undertake such other
28 communication activities as may be required by law.
29 7. To provide, as may be required by law, assistance to
30 local law enforcement agencies through (a) training,
31 management and consultant services for local law enforcement
32 agencies, and (b) the pursuit of research and the publication
33 of studies pertaining to local law enforcement activities.
34 8. To exercise the rights, powers and duties which have
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1 been vested in the Department of State Police and the
2 Director of the Department of State Police by the Narcotic
3 Control Division Abolition Act.
4 9. To exercise the rights, powers and duties which have
5 been vested in the Department of Public Safety by the
6 Illinois Vehicle Code.
7 10. To exercise the rights, powers and duties which have
8 been vested in the Department of Public Safety by the Firearm
9 Owners Identification Card Act.
10 11. To enforce and administer such other laws in
11 relation to law enforcement as may be vested in the
12 Department.
13 12. To transfer jurisdiction of any realty title to
14 which is held by the State of Illinois under the control of
15 the Department to any other department of the State
16 government or to the State Employees Housing Commission, or
17 to acquire or accept Federal land, when such transfer,
18 acquisition or acceptance is advantageous to the State and is
19 approved in writing by the Governor.
20 13. With the written approval of the Governor, to enter
21 into agreements with other departments created by this Act,
22 for the furlough of inmates of the penitentiary to such other
23 departments for their use in research programs being
24 conducted by them.
25 For the purpose of participating in such research
26 projects, the Department may extend the limits of any
27 inmate's place of confinement, when there is reasonable cause
28 to believe that the inmate will honor his or her trust by
29 authorizing the inmate, under prescribed conditions, to leave
30 the confines of the place unaccompanied by a custodial agent
31 of the Department. The Department shall make rules governing
32 the transfer of the inmate to the requesting other department
33 having the approved research project, and the return of such
34 inmate to the unextended confines of the penitentiary. Such
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1 transfer shall be made only with the consent of the inmate.
2 The willful failure of a prisoner to remain within the
3 extended limits of his or her confinement or to return within
4 the time or manner prescribed to the place of confinement
5 designated by the Department in granting such extension shall
6 be deemed an escape from custody of the Department and
7 punishable as provided in Section 3-6-4 of the Unified Code
8 of Corrections.
9 14. To provide investigative services, with all of the
10 powers possessed by policemen in cities and sheriffs, in and
11 around all race tracks subject to the Horse Racing Act of
12 1975.
13 15. To expend such sums as the Director deems necessary
14 from Contractual Services appropriations for the Division of
15 Criminal Investigation for the purchase of evidence and for
16 the employment of persons to obtain evidence. Such sums shall
17 be advanced to agents authorized by the Director to expend
18 funds, on vouchers signed by the Director.
19 16. To assist victims and witnesses in gang crime
20 prosecutions through the administration of funds appropriated
21 from the Gang Violence Victims and Witnesses Fund to the
22 Department. Such funds shall be appropriated to the
23 Department and shall only be used to assist victims and
24 witnesses in gang crime prosecutions and such assistance may
25 include any of the following:
26 (a) temporary living costs;
27 (b) moving expenses;
28 (c) closing costs on the sale of private residence;
29 (d) first month's rent;
30 (e) security deposits;
31 (f) apartment location assistance;
32 (g) other expenses which the Department considers
33 appropriate; and
34 (h) compensation for any loss of or injury to real
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1 or personal property resulting from a gang crime to a
2 maximum of $5,000, subject to the following provisions:
3 (1) in the case of loss of property, the
4 amount of compensation shall be measured by the
5 replacement cost of similar or like property which
6 has been incurred by and which is substantiated by
7 the property owner,
8 (2) in the case of injury to property, the
9 amount of compensation shall be measured by the cost
10 of repair incurred and which can be substantiated by
11 the property owner,
12 (3) compensation under this provision is a
13 secondary source of compensation and shall be
14 reduced by any amount the property owner receives
15 from any other source as compensation for the loss
16 or injury, including, but not limited to, personal
17 insurance coverage,
18 (4) no compensation may be awarded if the
19 property owner was an offender or an accomplice of
20 the offender, or if the award would unjustly benefit
21 the offender or offenders, or an accomplice of the
22 offender or offenders.
23 No victim or witness may receive such assistance if he or
24 she is not a part of or fails to fully cooperate in the
25 prosecution of gang crime members by law enforcement
26 authorities.
27 The Department shall promulgate any rules necessary for
28 the implementation of this amendatory Act of 1985.
29 17. To conduct arson investigations.
30 18. To develop a separate statewide statistical police
31 contact record keeping system for the study of juvenile
32 delinquency. The records of this police contact system shall
33 be limited to statistical information. No individually
34 identifiable information shall be maintained in the police
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1 contact statistical record system.
2 19. To develop a separate statewide central juvenile
3 records system for persons arrested prior to the age of 17
4 under Section 5-401 of the Juvenile Court Act of 1987 or
5 adjudicated delinquent minors and to make information
6 available to local law enforcement officers so that law
7 enforcement officers will be able to obtain rapid access to
8 the background of the minor from other jurisdictions to the
9 end that the juvenile police officers can make appropriate
10 decisions which will best serve the interest of the child and
11 the community. The Department shall submit a quarterly
12 report to the General Assembly and Governor which shall
13 contain the number of juvenile records that the Department
14 has received in that quarter and, a list, by category, of
15 offenses that minors were arrested for or convicted of by
16 age, race and gender.
17 20. To develop rules which guarantee the confidentiality
18 of such individually identifiable juvenile records except to
19 juvenile authorities who request information concerning the
20 minor and who certify in writing that the information will
21 not be disclosed to any other party except as provided under
22 law or order of court. For purposes of this Section,
23 "juvenile authorities" means: (i) a judge of the circuit
24 court and members of the staff of the court designated by the
25 judge; (ii) parties to the proceedings under the Juvenile
26 Court Act of 1987 and their attorneys; (iii) probation
27 officers and court appointed advocates for the juvenile
28 authorized by the judge hearing the case; (iv) any individual
29 or, public or of private agency having custody of the child
30 pursuant to court order; (v) any individual or, public or
31 private agency providing education, medical or mental health
32 service to the child when the requested information is needed
33 to determine the appropriate service or treatment for the
34 minor; (vi) any potential placement provider when such
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1 release is authorized by the court for the limited purpose of
2 determining the appropriateness of the potential placement;
3 (vii) law enforcement officers and prosecutors; (viii) adult
4 and juvenile prisoner review boards; (ix) authorized military
5 personnel; (x) individuals authorized by court; (xi) the
6 Illinois General Assembly or any committee or commission
7 thereof.
8 21. To develop administrative rules and administrative
9 hearing procedures which allow a minor, his or her attorney,
10 and his or her parents or guardian access to individually
11 identifiable juvenile records for the purpose of determining
12 or challenging the accuracy of the records. Final
13 administrative decisions shall be subject to the provisions
14 of the Administrative Review Law.
15 22. To charge, collect, and receive fees or moneys
16 equivalent to the cost of providing Department of State
17 Police personnel, equipment, and services to local
18 governmental agencies when explicitly requested by a local
19 governmental agency and pursuant to an intergovernmental
20 agreement as provided by this Section, other State agencies,
21 and federal agencies, including but not limited to fees or
22 moneys equivalent to the cost of providing dispatching
23 services, radio and radar repair, and training to local
24 governmental agencies on such terms and conditions as in the
25 judgment of the Director are in the best interest of the
26 State; and to establish, charge, collect and receive fees or
27 moneys based on the cost of providing responses to requests
28 for criminal history record information pursuant to positive
29 identification and any Illinois or federal law authorizing
30 access to some aspect of such information and to prescribe
31 the form and manner for requesting and furnishing such
32 information to the requestor on such terms and conditions as
33 in the judgment of the Director are in the best interest of
34 the State, provided fees for requesting and furnishing
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1 criminal history record information may be waived for
2 requests in the due administration of the criminal laws. The
3 Department may also charge, collect and receive fees or
4 moneys equivalent to the cost of providing electronic data
5 processing lines or related telecommunication services to
6 local governments, but only when such services can be
7 provided by the Department at a cost less than that
8 experienced by said local governments through other means.
9 All services provided by the Department shall be conducted
10 pursuant to contracts in accordance with the
11 Intergovernmental Cooperation Act, and all telecommunication
12 services shall be provided pursuant to the provisions of
13 Section 67.18 of this Code.
14 All fees received by the Department of State Police under
15 this Act or the Illinois Uniform Conviction Information Act
16 shall be deposited in a special fund in the State Treasury to
17 be known as the State Police Services Fund. The money
18 deposited in the State Police Services Fund shall be
19 appropriated to the Department of State Police for expenses
20 of the Department of State Police.
21 Upon the completion of any audit of the Department of
22 State Police as prescribed by the Illinois State Auditing
23 Act, which audit includes an audit of the State Police
24 Services Fund, the Department of State Police shall make the
25 audit open to inspection by any interested person.
26 23. To exercise the powers and perform the duties which
27 have been vested in the Department of State Police by the
28 Intergovernmental Missing Child Recovery Act of 1984, and to
29 establish reasonable rules and regulations necessitated
30 thereby.
31 24. (a) To establish and maintain a statewide Law
32 Enforcement Agencies Data System (LEADS) for the purpose of
33 providing electronic access by authorized entities to
34 criminal justice data repositories and effecting an immediate
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1 law enforcement response to reports of missing persons,
2 including lost, missing or runaway minors. The Department
3 shall implement an automatic data exchange system to compile,
4 to maintain and to make available to other law enforcement
5 agencies for immediate dissemination data which can assist
6 appropriate agencies in recovering missing persons and
7 provide access by authorized entities to various data
8 repositories available through LEADS for criminal justice and
9 related purposes. To assist the Department in this effort,
10 funds may be appropriated from the LEADS Maintenance Fund.
11 (b) In exercising its duties under this subsection, the
12 Department shall:
13 (1) provide a uniform reporting format for the
14 entry of pertinent information regarding the report of a
15 missing person into LEADS;
16 (2) develop and implement a policy whereby a
17 statewide or regional alert would be used in situations
18 relating to the disappearances of individuals, based on
19 criteria and in a format established by the Department.
20 Such a format shall include, but not be limited to, the
21 age of the missing person and the suspected circumstance
22 of the disappearance;
23 (3) notify all law enforcement agencies that
24 reports of missing persons shall be entered as soon as
25 the minimum level of data specified by the Department is
26 available to the reporting agency, and that no waiting
27 period for the entry of such data exists;
28 (4) compile and retain information regarding lost,
29 abducted, missing or runaway minors in a separate data
30 file, in a manner that allows such information to be used
31 by law enforcement and other agencies deemed appropriate
32 by the Director, for investigative purposes. Such
33 information shall include the disposition of all reported
34 lost, abducted, missing or runaway minor cases;
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1 (5) compile and maintain an historic data
2 repository relating to lost, abducted, missing or runaway
3 minors and other missing persons in order to develop and
4 improve techniques utilized by law enforcement agencies
5 when responding to reports of missing persons; and
6 (6) create a quality control program regarding
7 confirmation of missing person data, timeliness of
8 entries of missing person reports into LEADS and
9 performance audits of all entering agencies.
10 25. On request of a school board or regional
11 superintendent of schools, to conduct an inquiry pursuant to
12 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
13 an applicant for employment in a school district has been
14 convicted of any criminal or drug offenses enumerated in
15 Section 10-21.9 or 34-18.5 of the School Code. The
16 Department shall furnish such conviction information to the
17 President of the school board of the school district which
18 has requested the information, or if the information was
19 requested by the regional superintendent to that regional
20 superintendent.
21 26. To promulgate rules and regulations necessary for
22 the administration and enforcement of its powers and duties,
23 wherever granted and imposed, pursuant to the Illinois
24 Administrative Procedure Act.
25 27. To (a) promulgate rules pertaining to the
26 certification, revocation of certification and training of
27 law enforcement officers as electronic criminal surveillance
28 officers, (b) provide training and technical assistance to
29 State's Attorneys and local law enforcement agencies
30 pertaining to the interception of private oral
31 communications, (c) promulgate rules necessary for the
32 administration of Article 108B of the Code of Criminal
33 Procedure of 1963, including but not limited to standards for
34 recording and minimization of electronic criminal
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1 surveillance intercepts, documentation required to be
2 maintained during an intercept, procedures in relation to
3 evidence developed by an intercept, and (d) charge a
4 reasonable fee to each law enforcement agency that sends
5 officers to receive training as electronic criminal
6 surveillance officers.
7 28. Upon the request of any private organization which
8 devotes a major portion of its time to the provision of
9 recreational, social, educational or child safety services to
10 children, to conduct, pursuant to positive identification,
11 criminal background investigations of all of that
12 organization's current employees, current volunteers,
13 prospective employees or prospective volunteers charged with
14 the care and custody of children during the provision of the
15 organization's services, and to report to the requesting
16 organization any record of convictions maintained in the
17 Department's files about such persons. The Department shall
18 charge an application fee, based on actual costs, for the
19 dissemination of conviction information pursuant to this
20 subsection. The Department is empowered to establish this
21 fee and shall prescribe the form and manner for requesting
22 and furnishing conviction information pursuant to this
23 subsection. Information received by the organization from the
24 Department concerning an individual shall be provided to such
25 individual. Any such information obtained by the
26 organization shall be confidential and may not be transmitted
27 outside the organization and may not be transmitted to anyone
28 within the organization except as needed for the purpose of
29 evaluating the individual. Only information and standards
30 which bear a reasonable and rational relation to the
31 performance of child care shall be used by the organization.
32 Any employee of the Department or any member, employee or
33 volunteer of the organization receiving confidential
34 information under this subsection who gives or causes to be
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1 given any confidential information concerning any criminal
2 convictions of an individual shall be guilty of a Class A
3 misdemeanor unless release of such information is authorized
4 by this subsection.
5 29. Upon the request of the Department of Children and
6 Family Services, to investigate reports of child abuse or
7 neglect.
8 30. To obtain registration of a fictitious vital record
9 pursuant to Section 15.1 of the Vital Records Act.
10 31. To collect and disseminate information relating to
11 "hate crimes" as defined under Section 12-7.1 of the Criminal
12 Code of 1961 contingent upon the availability of State or
13 Federal funds to revise and upgrade the Illinois Uniform
14 Crime Reporting System. All law enforcement agencies shall
15 report monthly to the Department of State Police concerning
16 such offenses in such form and in such manner as may be
17 prescribed by rules and regulations adopted by the Department
18 of State Police. Such information shall be compiled by the
19 Department and be disseminated upon request to any local law
20 enforcement agency, unit of local government, or state
21 agency. Dissemination of such information shall be subject
22 to all confidentiality requirements otherwise imposed by law.
23 The Department of State Police shall provide training for
24 State Police officers in identifying, responding to, and
25 reporting all hate crimes. The Illinois Law Enforcement
26 Training Standards Board shall develop and certify a course
27 of such training to be made available to local law
28 enforcement officers.
29 32. Upon the request of a private carrier company that
30 provides transportation under Section 28b of the Metropolitan
31 Transit Authority Act, to ascertain if an applicant for a
32 driver position has been convicted of any criminal or drug
33 offense enumerated in Section 28b of the Metropolitan Transit
34 Authority Act. The Department shall furnish the conviction
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1 information to the private carrier company that requested the
2 information.
3 33. To apply for grants or contracts, receive, expend,
4 allocate, or disburse funds and moneys made available by
5 public or private entities, including, but not limited to,
6 contracts, bequests, grants, or receiving equipment from
7 corporations, foundations, or public or private institutions
8 of higher learning. All funds received by the Department
9 from these sources shall be deposited into the appropriate
10 fund in the State Treasury to be appropriated to the
11 Department for purposes as indicated by the grantor or
12 contractor or, in the case of funds or moneys bequeathed or
13 granted for no specific purpose, for any purpose as deemed
14 appropriate by the Director in administering the
15 responsibilities of the Department.
16 34. Upon the request of the Department of Children and
17 Family Services, the Department of State Police shall provide
18 properly designated employees of the Department of Children
19 and Family Services with criminal history record information
20 as defined in the Illinois Uniform Conviction Information Act
21 and information maintained in the Statewide Central Juvenile
22 record system as defined in subdivision (A)19 of this Section
23 if the Department of Children and Family Services determines
24 the information is necessary to perform its duties under the
25 Abused and Neglected Child Reporting Act, the Child Care Act
26 of 1969, and the Children and Family Services Act. The
27 request shall be in the form and manner specified by the
28 Department of State Police.
29 35. The Illinois Department of Public Aid is an
30 authorized entity under this Section for the purpose of
31 exchanging information, in the form and manner required by
32 the Department of State Police, obtaining access to various
33 data repositories available through LEADS, to facilitate the
34 location of individuals for establishing paternity, and
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1 establishing, modifying, and enforcing child support
2 obligations, pursuant to the Illinois Public Aid Code and
3 Title IV, Part Section D of the Social Security Act. The
4 Department shall enter into an agreement with the Illinois
5 Department of Public Aid consistent with these purposes.
6 36. Upon request of the Department of Human Services, to
7 conduct an assessment and evaluation of sexually violent
8 persons as mandated by the Sexually Violent Persons
9 Commitment Act, the Department shall furnish criminal history
10 information maintained on the requested person. The request
11 shall be in the form and manner specified by the Department.
12 37. To provide training and continuing education to
13 State Police officers concerning cultural diversity,
14 including sensitivity toward racial and ethnic differences.
15 This training and continuing education shall include, but not
16 be limited to, an emphasis on the fact that the primary
17 purpose of enforcement of the Illinois Vehicle Code is safety
18 and equal and uniform enforcement under the law.
19 (B) The Department of State Police may establish and
20 maintain, within the Department of State Police, a Statewide
21 Organized Criminal Gang Database (SWORD) for the purpose of
22 tracking organized criminal gangs and their memberships.
23 Information in the database may include, but not be limited
24 to, the name, last known address, birth date, physical
25 descriptions (such as scars, marks, or tattoos), officer
26 safety information, organized gang affiliation, and entering
27 agency identifier. The Department may develop, in
28 consultation with the Criminal Justice Information Authority,
29 and in a form and manner prescribed by the Department, an
30 automated data exchange system to compile, to maintain, and
31 to make this information electronically available to
32 prosecutors and to other law enforcement agencies. The
33 information may be used by authorized agencies to combat the
34 operations of organized criminal gangs statewide.
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1 (C) The Department of State Police may ascertain the
2 number of bilingual police officers and other personnel
3 needed to provide services in a language other than English
4 and may establish, under applicable personnel rules and
5 Department guidelines or through a collective bargaining
6 agreement, a bilingual pay supplement program.
7 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
8 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
9 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
10 1-21-99.)
11 Section 10. The Illinois Police Training Act is amended
12 by changing Section 7 as follows:
13 (50 ILCS 705/7) (from Ch. 85, par. 507)
14 Sec. 7. Rules and standards for schools. The Board shall
15 adopt rules and minimum standards for such schools which
16 shall include but not be limited to the following:
17 a. The curriculum for probationary police officers which
18 shall be offered by all certified schools shall include but
19 not be limited to courses of arrest, search and seizure,
20 civil rights, human relations, cultural diversity, including
21 racial and ethnic sensitivity, criminal law, law of criminal
22 procedure, vehicle and traffic law including uniform and
23 non-discriminatory enforcement of the Illinois Vehicle Code,
24 traffic control and accident investigation, techniques of
25 obtaining physical evidence, court testimonies, statements,
26 reports, firearms training, first-aid (including
27 cardiopulmonary resuscitation), handling of juvenile
28 offenders, recognition of mental conditions which require
29 immediate assistance and methods to safeguard and provide
30 assistance to a person in need of mental treatment, law of
31 evidence, the hazards of high-speed police vehicle chases
32 with an emphasis on alternatives to the high-speed chase, and
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1 physical training. The curriculum shall include specific
2 training in techniques for immediate response to and
3 investigation of cases of domestic violence and of sexual
4 assault of adults and children. The curriculum for permanent
5 police officers shall include but not be limited to (1)
6 refresher and in-service training in any of the courses
7 listed above in this subparagraph, (2) advanced courses in
8 any of the subjects listed above in this subparagraph, (3)
9 training for supervisory personnel, and (4) specialized
10 training in subjects and fields to be selected by the board.
11 b. Minimum courses of study, attendance requirements and
12 equipment requirements.
13 c. Minimum requirements for instructors.
14 d. Minimum basic training requirements, which a
15 probationary police officer must satisfactorily complete
16 before being eligible for permanent employment as a local law
17 enforcement officer for a participating local governmental
18 agency. Those requirements shall include training in first
19 aid (including cardiopulmonary resuscitation).
20 e. Minimum basic training requirements, which a
21 probationary county corrections officer must satisfactorily
22 complete before being eligible for permanent employment as a
23 county corrections officer for a participating local
24 governmental agency.
25 f. Minimum basic training requirements which a
26 probationary court security officer must satisfactorily
27 complete before being eligible for permanent employment as a
28 court security officer for a participating local governmental
29 agency. The Board shall establish those training
30 requirements which it considers appropriate for court
31 security officers and shall certify schools to conduct that
32 training.
33 A person hired to serve as a court security officer must
34 obtain from the Board a certificate (i) attesting to his or
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1 her successful completion of the training course; (ii)
2 attesting to his or her satisfactory completion of a training
3 program of similar content and number of hours that has been
4 found acceptable by the Board under the provisions of this
5 Act; or (iii) attesting to the Board's determination that the
6 training course is unnecessary because of the person's
7 extensive prior law enforcement experience.
8 Individuals who currently serve as court security
9 officers shall be deemed qualified to continue to serve in
10 that capacity so long as they are certified as provided by
11 this Act within 24 months of the effective date of this
12 amendatory Act of 1996. Failure to be so certified, absent a
13 waiver from the Board, shall cause the officer to forfeit his
14 or her position.
15 All individuals hired as court security officers on or
16 after the effective date of this amendatory Act of 1996 shall
17 be certified within 12 months of the date of their hire,
18 unless a waiver has been obtained by the Board, or they shall
19 forfeit their positions.
20 The Sheriff's Merit Commission, if one exists, or the
21 Sheriff's Office if there is no Sheriff's Merit Commission,
22 shall maintain a list of all individuals who have filed
23 applications to become court security officers and who meet
24 the eligibility requirements established under this Act.
25 Either the Sheriff's Merit Commission, or the Sheriff's
26 Office if no Sheriff's Merit Commission exists, shall
27 establish a schedule of reasonable intervals for verification
28 of the applicants' qualifications under this Act and as
29 established by the Board.
30 (Source: P.A. 88-661, eff. 1-1-95; 89-685, eff. 6-1-97;
31 89-707, eff. 6-1-97.)
32 Section 15. The Illinois Vehicle Code is amended by
33 changing Section 12-603.1 as follows:
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1 (625 ILCS 5/12-603.1) (from Ch. 95 1/2, par. 12-603.1)
2 Sec. 12-603.1. Driver and passenger required to use
3 safety belts, exceptions and penalty.
4 (a) Each driver and front seat passenger of a motor
5 vehicle operated on a street or highway in this State shall
6 wear a properly adjusted and fastened seat safety belt;
7 except that, a child less than 6 years of age shall be
8 protected as required pursuant to the Child Passenger
9 Protection Act. Each driver under the age of 18 years and
10 each of the driver's passengers under the age of 18 years of
11 a motor vehicle operated on a street or highway in this State
12 shall wear a properly adjusted and fastened seat safety belt.
13 Each driver of a motor vehicle transporting a child 6 years
14 of age or more, but less than 16 years of age, in the front
15 seat of the motor vehicle shall secure the child in a
16 properly adjusted and fastened seat safety belt.
17 (b) Paragraph (a) shall not apply to any of the
18 following:
19 1. A driver or passenger frequently stopping and
20 leaving the vehicle or delivering property from the
21 vehicle, if the speed of the vehicle between stops does
22 not exceed 15 miles per hour.
23 2. A driver or passenger possessing a written
24 statement from a physician that such person is unable,
25 for medical or physical reasons, to wear a seat safety
26 belt.
27 3. A driver or passenger possessing an official
28 certificate or license endorsement issued by the
29 appropriate agency in another state or country indicating
30 that the driver is unable for medical, physical, or other
31 valid reasons to wear a seat safety belt.
32 4. A driver operating a motor vehicle in reverse.
33 5. A motor vehicle with a model year prior to 1965.
34 6. A motorcycle or motor driven cycle.
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1 7. A motorized pedalcycle.
2 8. A motor vehicle which is not required to be
3 equipped with seat safety belts under federal law.
4 9. A motor vehicle operated by a rural letter
5 carrier of the United States postal service while
6 performing duties as a rural letter carrier.
7 (c) Failure to wear a seat safety belt in violation of
8 this Section shall not be considered evidence of negligence,
9 shall not limit the liability of an insurer, and shall not
10 diminish any recovery for damages arising out of the
11 ownership, maintenance, or operation of a motor vehicle.
12 (d) Before January 1, 2000, any person who is stopped by
13 any law enforcement officer solely on the basis of a
14 violation of this Section shall receive only a verbal or
15 written warning from the law enforcement officer informing
16 the person that he or she has violated this Section.
17 A violation of this Section shall be a petty offense and
18 subject to a fine not to exceed $25.
19 From January 1, 2000 until 4 years after the effective
20 date of this amendatory Act of the 91st General Assembly,
21 whenever a State or local law enforcement officer issues a
22 uniform traffic citation or warning citation he or she shall
23 record on the face of the citation whether the violator is:
24 (1) Caucasian;
25 (2) African-American;
26 (3) Hispanic; or
27 (4) any other race or ethnicity.
28 After January 1, 2000, all citations produced for use by
29 State or local law enforcement officers shall contain on
30 their face a list of these racial and ethnic groups.
31 (e) Beginning 4 years after the effective date of this
32 amendatory Act of the 91st General Assembly, no motor
33 vehicle, or driver or passenger of such vehicle, shall be
34 stopped or searched by any law enforcement officer solely on
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1 the basis of a violation or suspected violation of this
2 Section.
3 (f) To ensure uniform enforcement of this Code, the
4 Secretary of State shall conduct a study to determine whether
5 there is a pattern of discrimination in the enforcement of
6 this Code by the Department of State Police or by law
7 enforcement officers for a municipality with a population of
8 greater than 2,000,000. The Secretary of State shall compile
9 the information on race or ethnicity from all uniform traffic
10 citations and warning citations issued by the Department of
11 State Police and by law enforcement officers for a
12 municipality with a population of greater than 2,000,000. The
13 Secretary of State shall submit an annual report of his or
14 her findings to the Governor and the General Assembly by May
15 1 of the years 2001, 2002, 2003, and 2004.
16 (Source: P.A. 90-369, eff. 1-1-98.)
17 Section 20. The Code of Criminal Procedure of 1963 is
18 amended by changing Section 108-1 as follows:
19 (725 ILCS 5/108-1) (from Ch. 38, par. 108-1)
20 Sec. 108-1. Search without warrant. (1) When a lawful
21 arrest is effected a peace officer may reasonably search the
22 person arrested and the area within such person's immediate
23 presence for the purpose of:
24 (a) Protecting the officer from attack; or
25 (b) Preventing the person from escaping; or
26 (c) Discovering the fruits of the crime; or
27 (d) Discovering any instruments, articles, or things
28 which may have been used in the commission of, or which may
29 constitute evidence of, an offense.
30 (2) Beginning 4 years after the effective date of this
31 amendatory Act of the 91st General Assembly, no motor
32 vehicle, or driver or passenger of such vehicle, shall be
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1 stopped or searched by any law enforcement officer solely on
2 the basis of a violation or suspected violation of Section
3 12-603.1 of The Illinois Vehicle Code.
4 (Source: P.A. 85-291.)
5 Section 95. No acceleration or delay. Where this Act
6 makes changes in a statute that is represented in this Act by
7 text that is not yet or no longer in effect (for example, a
8 Section represented by multiple versions), the use of that
9 text does not accelerate or delay the taking effect of (i)
10 the changes made by this Act or (ii) provisions derived from
11 any other Public Act.
12 Section 99. Effective date. This Act takes effect upon
13 becoming law.".